Mont. Code Ann. § 81-8-213 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-213
81-8-213 Definitions
Status: in_force

81-8-213 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the board of livestock provided for in 2-15-3102 .

(2) "Custodial account for shippers' proceeds" or "custodial account" means a separate account established and maintained by a livestock market or livestock video auction engaged in selling livestock on a commission or agency basis. The account must be maintained in a Montana bank insured by the federal deposit insurance corporation and used to maintain and disburse all funds due to consignors from livestock sold on a commission basis. All checks or banking instruments to consignors in payment of the net proceeds from the sale of consigned livestock must be issued on the custodial account. This account must disclose that the depositor is acting as a fiduciary and that the funds in the account are trust funds.

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

(4) "Immediate resale" means a sale of livestock within 60 days of the purchase of the livestock.

(5) "Livestock" means cattle, calves, hogs, pigs, horses, mules, sheep, lambs, and goats.

(6) (a) "Livestock dealer" means a person engaged in the business of buying or selling livestock in commerce on the person's own account or as an employee or agent of a vendor or purchaser.

(b) The term does not include:

(i) a farmer or rancher who buys or sells livestock in the ordinary course of a farming or ranching operation; or

(ii) a livestock market.

(7) (a) "Livestock market" means:

(i) a person engaged in the business of buying or selling livestock in commerce on a commission basis;

(ii) a person engaged in the business of furnishing stockyard services; or

(iii) a livestock video auction as defined in this section.

(b) The term does not include:

(i) a place used solely for a dispersal sale of the livestock of a farmer, dairy producer, livestock breeder, or feeder who is discontinuing business and at which other livestock is not sold or offered for sale;

(ii) a farm, ranch, or place where livestock either raised or kept for the grazing season or for fattening is sold and to which other livestock is not brought for sale or to be offered for sale;

(iii) the premises of a butcher, packer, or processor who receives animals exclusively for immediate slaughter;

(iv) the premises of a person engaged in the raising of livestock for breeding purposes only, who limits sale to livestock of the person's own production; or

(v) a place where a breeder or an association of breeders of livestock of any class assembles and offers for sale and sells under the breeder's or the association's own management any livestock, when the breeder or association of breeders assumes all responsibility for the sale and the title of livestock sold.

(8) "Livestock video auction" means a person who conducts the business of buying or selling livestock on a commission or fee basis through the use of online, video, or other electronic means and who provides the means for handling receivables or proceeds resulting from these types of transactions.

(9) "Person" means an individual, firm, association, partnership, or corporation.

(10) "Test station sale" means the sale of livestock from a place where livestock is taken to measure rates of gain under uniform feeding conditions when that place is not owned by the owner of the livestock.
Mont. Code Ann. § 81-9-230 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-230
81-9-230 Antemortem and postmortem inspection required
Status: in_force

81-9-230 . Antemortem and postmortem inspection required. (1) Official establishments must have an antemortem inspection. The inspector assigned to each establishment shall examine each animal immediately prior to slaughter to eliminate all unfit animals and segregate for more thorough examination all animals suspected of being affected with a condition that might influence their disposition on postmortem inspection. The unfit animals may not enter the slaughtering facilities of the plant. The suspected animals that are permitted to be slaughtered after inspection must be handled separately from the regular kill and given a special postmortem examination.

(2) Official establishments must have a postmortem inspection. The postmortem inspection must be made at the time the animals are slaughtered. The inspectors shall examine the cervical lymph glands, the skeletal lymph glands, the viscera and organs, with their lymph glands, and all exposed surfaces of the carcasses of all cattle, buffalo, horses, sheep, swine, and goats. The examination must be conducted in the slaughtering facilities of the establishment during the slaughtering operations.

(3) The chief or any of the chief's inspectors may have a laboratory designated by the board make pathogenic examination of animals or animal parts for completion of antemortem or postmortem inspection.
Mont. Code Ann. § 81-4-208 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-208
81-4-208 Killing of animal running at large
Status: in_force

81-4-208 . Killing of animal running at large. (1) Except as provided in subsection (2), if an animal running at large cannot, by reasonable effort, be captured, taken up, or corralled, it may lawfully be killed unless the owner or person having the management or control of the animal restrains it from running at large within 3 days after notice is given to the owner and the department of livestock by written, verbal, or electronic means.

(2) A person shall report a swine running at large to the board. The board shall determine if the swine is an animal running at large subject to this section or a feral swine subject to the provisions of Title 81, chapter 29, part 1.
Mont. Code Ann. § 81-10-104 — MT Code / Title 81 / Chapter 10 / Part 1 / Section 81-10-104
81-10-104 Rulemaking
Status: in_force

81-10-104 . Rulemaking. The department may adopt rules to administer this part, including but not limited to rules to:

(1) set fees for horse surrender and adoption;

(2) determine what, if any, proof of financial hardship may be required before an owner may surrender a horse;

(3) create procedures for the adoption of surrendered horses;

(4) reimburse licensed livestock markets for expenses incurred in the upkeep of surrendered horses; and

(5) allow a person who has surrendered a horse to buy the horse back if the person's financial circumstances change and the horse has not been sold or adopted.
Mont. Code Ann. § 81-8-259 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-259
81-8-259 Occasional off-premises sales
Status: in_force

81-8-259 . Occasional off-premises sales. (1) The department may authorize occasional off-premises sales by authorized livestock markets and may establish the conditions under which approval for an off-premises sale may be granted, including any change in bonding requirements the department considers necessary.

(2) No livestock market for which a certificate has been issued under this part may conduct an off-premises sale without obtaining prior approval of the department.
Mont. Code Ann. § 81-8-233 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-233
81-8-233 Title warranty of livestock sold
Status: in_force

81-8-233 . Title warranty of livestock sold. A livestock market or livestock dealer shall warrant to the purchaser thereof the title of all livestock sold. A livestock market is liable to the rightful owner of all livestock sold for the net proceeds for such livestock whether or not the rightful owner was known to the market at the time of the sale.
Mont. Code Ann. § 81-3-108 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-108
81-3-108 Penalty
Status: in_force

81-3-108 . Penalty. A person violating any provision of this part is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
Mont. Code Ann. § 81-5-121 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-121
81-5-121 Permit and inspection system for transportation of bison
Status: in_force

81-5-121 . Permit and inspection system for transportation of bison. (1) Except as otherwise provided by law, the department shall adopt rules imposing a permit and inspection system for the transportation of bison into and out of counties and into and out of the state for the purposes of tracking movement of animals and collecting per capita assessments.

(2) A person who purposely or knowingly transports bison in violation of rules adopted pursuant to this section is guilty of a misdemeanor and shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 6 months, or both.
Mont. Code Ann. § 81-7-305 — MT Code / Title 81 / Chapter 7 / Part 3 / Section 81-7-305
81-7-305 Duty of county commissioners -- petition of sheep owners -- license fees
Status: in_force

81-7-305 . Duty of county commissioners -- petition of sheep 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 organized associations of sheep growers in the county. Upon petition of the resident owners of at least 51% of the sheep in the county, as shown by the assessment rolls 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 determined and set by the board must remain in effect from year to year without change, unless there is filed with the board a petition subscribed by the resident owners of at least 51% of the sheep in the county, as shown by the assessment rolls of the last assessment preceding the filing of the petition, for termination of the program and repeal of the license fee. Upon 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 sheep in the county either petition for an increase in the license fee or petition for 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. § 81-6-102 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-102
81-6-102 Organization of committee -- officers -- meetings
Status: in_force

81-6-102 . Organization of committee -- officers -- meetings. The county livestock protective committee shall upon appointment and annually after appointment organize by election of a presiding officer and a secretary. Meetings of the committee must be held at the call of the presiding officer or any two members of the committee. Minutes of all meetings of the committee must be kept by the secretary. The minutes must be presented at the ensuing meeting of the committee and upon approval must be signed by the presiding officer and secretary and immediately deposited with the county clerk and recorder and kept available for public inspection.
Mont. Code Ann. § 81-20-206 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-206
81-20-206 Notice to purchaser of grade of eggs
Status: in_force

81-20-206 . Notice to purchaser of grade of eggs. It is unlawful for a person to sell, offer, or expose for sale at wholesale or retail any eggs for human consumption without notifying the person purchasing or intending to purchase the eggs of the exact grade or quality and size or weight of the eggs, according to the standards prescribed by the department of livestock, by stamping or printing on the container of the eggs the grade or quality and size or weight. If the eggs are offered for sale in bulk, a placard or sign printed in letters 2 inches high must be displayed in a conspicuous place at the point where the eggs are offered or exposed for sale giving the grade, quality, size, weight, and date of grading. This part does not affect the sale of eggs by a producer when the consumer purchases the eggs at the place of production or at a farmer's market as defined in 50-50-102 .
Mont. Code Ann. § 81-6-101 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-101
81-6-101 Petition for county livestock protective committee -- members -- term
Status: in_force

81-6-101 . Petition for county livestock protective committee -- members -- term. (1) The board of county commissioners shall, upon receipt of a petition or petitions to do so, set up a county livestock protective committee of three members. The petition or petitions must be signed by at least 51% of the owners of cattle in the county, and at least 55% of the cattle in the county must be owned by the petitioners.

(2) Members appointed to serve on the committee must be residents of the county engaged in the business of raising cattle. If there is in the county any organization of cattle growers, the county commissioners shall give preference to names submitted by the group for appointment to the committee. The term for which the committee members are appointed is 2 years, with two members of the first committee named to serve for 2 years and one member to serve for 1 year. Members of the committee may not receive remuneration or reimbursement for expenses for serving on the committee.

(3) As used in this section, "organization of cattle growers" means any group or organization holding regular meetings at least annually, having officers, and composed predominantly of cattle growers resident in the county, with its membership open to cattle growers willing to abide by its governing rules or bylaws. The general purpose of the organization must be the promotion of the interests of its members in matters pertaining to the cattle or livestock industry.

(4) If the owners of sheep in the county desire to come under the provisions of this part in cooperation with owners of cattle, they shall file a petition meeting the requirements of subsection (1) with the county commissioners, and in that case, at least one member of the livestock protective committee must be a sheep grower and where the word "cattle" appears in this part, it includes the word "sheep".

(5) Owners of sheep may form a county livestock protective committee, in which case the word "cattle" as used in this part is considered to mean "sheep".
Mont. Code Ann. § 81-2-208 — MT Code / Title 81 / Chapter 2 / Part 2 / Section 81-2-208
81-2-208 Sale of condemned carcasses -- disposition of proceeds
Status: in_force

81-2-208 . Sale of condemned carcasses -- disposition of proceeds. When the carcass of an animal ordered destroyed under this chapter is found on official postmortem inspection to be fit for human consumption, the owner must receive the net proceeds from the sale of the carcass. The proceeds must be deducted from the owner's claim against the state and county for the slaughter.
Mont. Code Ann. § 81-2-106 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-106
81-2-106 Cooperation by public officers
Status: in_force

81-2-106 . Cooperation by public officers. The department of public health and human services and local boards of health of a county, city, or town shall cooperate with and assist the department in matters that relate to the execution of its sanitary powers regarding livestock and their food products in the manner prescribed by the department, either by general rule or direct order.
Mont. Code Ann. § 81-4-503 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-503
81-4-503 Roundup of abandoned horses -- petition -- expenses
Status: in_force

81-4-503 . Roundup of abandoned horses -- petition -- expenses. (1) For the purpose of speedily clearing abandoned horses from the open range in any county or in any district thereof, the board of county commissioners of any such county must, upon the petition of at least five responsible property owners, inhabitants of the proposed roundup district engaged in the livestock business and paying taxes upon livestock in such county, or upon the petition of a reputable local livestock association, authorize a roundup of abandoned horses in any district within such county.

(2) Upon the filing of such petition, the board shall make an order authorizing such roundup, which order shall describe generally such district with reasonable certainty. Said district shall not include more or less territory than that described in the petition. Such order shall also specify the date on or within 10 days after which the roundup shall begin and shall designate the place within the district at which the headquarters of such roundup shall be maintained.

(3) Any such roundup shall be conducted in such manner as to cause as little disturbance as reasonably possible to horses running lawfully on the open range.

(4) All expense of any such roundup shall be paid by the petitioners at whose request the same is initiated, and no county officer or board shall have any power to expend any moneys of the county or incur any obligation on its behalf in connection with any such roundup. Such petitioners, however, shall be reimbursed for the expense of such roundup, as and when moneys may be available for that purpose in the abandoned horse fund, by warrants issued upon claims filed as in the case of other claims against the county.
Mont. Code Ann. § 81-3-233 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-233
81-3-233 Penalty for removal of livestock from state without inspection -- exception
Status: in_force

81-3-233 . Penalty for removal of livestock from state without inspection -- exception. A person, other than the owner or the owner's agent or employee, who, without consent of the owner, removes or causes to be removed from this state any cow, ox, bull, stag, calf, steer, heifer, horse, mule, mare, colt, foal, or filly without having the animal inspected when inspection is required by law is guilty of a felony and shall be punished by a fine of not more than $2,000, by imprisonment in the state prison for a term of not more than 3 years, or by both. The provisions of this section do not apply to a person who removes from this state an animal specified by this section for the purpose of obtaining emergency treatment for the animal by a licensed veterinarian.
Mont. Code Ann. § 81-7-104 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-104
81-7-104 Predator control money -- use of proceeds
Status: in_force

81-7-104 . Predator control money -- use of proceeds . (1) In addition to the transfer provided for in 15-24-925 , the department shall allocate a portion of the money from the fee under 15-24-921 for the purpose of protecting livestock in the state against destruction, depredation, and injury by predatory animals, whether the livestock is on lands in private ownership, in the ownership of the state, or in the ownership of the United States, including open ranges and all lands in or of the public domain. This protection may be by any means of effective predatory animal destruction and control, including systematic hunting and trapping and payment of bounties.

(2) Money may be paid out only on claims presented to the department and approved by the department in accordance with the law applicable either to claims for bounties or for other expenditures for predatory animal control by methods other than payment of bounties, as determined by the department. Money designated for predator control must be available for the payment of bounty claims and for expenditures for planned, seasonal, or other campaigns directed or operated by the department in cooperation with other agencies for the systematic destruction and control of predatory animals, as determined by the department and its advisory committee. Claims may not be approved in excess of money available for that purpose, and warrants may not be registered against the money.
Mont. Code Ann. § 81-8-276 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-276
81-8-276 Annual fee and financial statement
Status: in_force

81-8-276 . Annual fee and financial statement. Livestock dealers shall pay an annual fee established by the department and when requested by the department shall supply a current financial statement. The fee is payable on May 1 to the state treasurer to the credit of the department.
Mont. Code Ann. § 81-8-236 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-236
81-8-236 Injunctive remedy
Status: in_force

81-8-236 . Injunctive remedy. The operation of a livestock market or the buying or selling of livestock by a person not licensed or certified and bonded as required by this part may be enjoined by the district court on petition from the department upon a showing that a person is engaged in the business of a livestock market or livestock dealer as defined in 81-8-213 without the license or certificate and bond required by this part. The court shall enjoin the person from further activities as a livestock market operator or livestock dealer until the license or certificate and bond have been properly obtained. It is not necessary to show that any individual has been injured by the actions complained of in order to obtain the issuance of the injunction. The injunctive relief provided by this section is an additional remedy to the criminal penalties provided in this part.
Mont. Code Ann. § 81-2-506 — MT Code / Title 81 / Chapter 2 / Part 5 / Section 81-2-506
81-2-506 Power to administer oaths, subpoena witnesses, and receive evidence
Status: in_force

81-2-506 . Power to administer oaths, subpoena witnesses, and receive evidence. The department or its agent may administer oaths, subpoena witnesses, and receive evidence in order to carry out this part.
Mont. Code Ann. § 81-22-207 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-207
81-22-207 License -- issuance and penalty
Status: in_force

81-22-207 . License -- issuance and penalty. (1) All licenses issued under this part are issued as a matter of privilege, rather than as a matter of right, and only after proper qualifications under the rules of the board.

(2) All licenses issued under this part are valid, unless suspended or revoked for cause, from the date of issue through December 31 of the year in which issued. All licenses must be renewed by January 31 following the date of the license expiration on payment of the required fee.

(3) All licenses issued under this part must be posted in conspicuous view at the place of business.

(4) Licenses issued under this part are not transferable from place to place or person to person.

(5) Penalties of $5 per month or fraction of a month from January 31 of each year may be imposed by the department for a failure to apply for a license under this part. Regulatory action may not be taken against a dairy producer licensed under this part until 2 years following the adoption of rules under this chapter.
Mont. Code Ann. § 81-4-409 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-409
81-4-409 Department to ascertain owner -- notice
Status: in_force

81-4-409 . Department to ascertain owner -- notice. When the notice is served, the department shall ascertain the owner of the stock, if possible, and when the owner is ascertained, immediately furnish the owner with the information contained in the notice. The department shall notify the city or town, its officers or agents, of the name and post-office address of the owner.
Mont. Code Ann. § 81-20-102 — MT Code / Title 81 / Chapter 20 / Part 1 / Section 81-20-102
81-20-102 Injunctive remedies
Status: in_force

81-20-102 . Injunctive remedies. The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of this part or rules adopted under 81-20-101 , notwithstanding the existence of other remedies at law. When the application of other remedies has been insufficient to compel action to control, extirpate, or prevent the spread of disease or upon a showing that an animal disease emergency exists and that other remedies probably would be insufficient to compel action to control the emergency, the department may apply for and the court may grant mandatory injunctive relief.
Mont. Code Ann. § 81-2-703 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-703
81-2-703 Documents required for importation -- exemptions
Status: in_force

81-2-703 . Documents required for importation -- exemptions. (1) Animals, animal semen, and animal biologics may not be brought into the state if significant danger to public or animal health will result upon entry into the state. Livestock infected with or exposed to brucellosis, tuberculosis, or any other infectious, contagious, or communicable disease may not enter the state unless destined directly for slaughter at a slaughterhouse under the supervision of the United States department of agriculture.

(2) Except as provided in subsection (6), an animal or animal semen may not be brought into the state without a health certificate or other documentation of animal movement approved by the department.

(3) Prior to entry into the state, the department may also require a permit for animals, animal semen, or animal biologics.

(4) The department may waive the requirement for a health certificate, permit, or documentation of animal movement as provided in subsection (7).

(5) All required documents must be attached to the waybill or be in possession of the driver of the transporting vehicle or of the person in charge of the animals. When a single permit or health certificate is issued for animals being moved in more than one vehicle, the driver of each vehicle must have in the driver's possession a copy of the permit and, when applicable, a health certificate.

(6) Animals, animal semen, or animal biologics being moved through the state with no intent to unload or deliver in the state are exempted from this part. In an emergency situation, transitory cargo may be unloaded in compliance with the quarantine rules promulgated by the department.

(7) A waiver of the requirement for a health certificate, permit, or documentation of animal movement must be based upon evidence that there will be no significant danger to the public or animal health if the exemption is granted.
Mont. Code Ann. § 81-9-113 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-113
81-9-113 Fees for inspection
Status: in_force

81-9-113 . Fees for inspection. The state or deputy state stock inspector making the inspection required by 81-9-112 shall collect a fee established by the department for each head inspected, plus all necessary expenses. State stock inspectors shall promptly remit all fees and expenses collected under this section to the department for deposit in the state special revenue fund. Deputy state stock inspectors shall keep their fees and expenses.
Mont. Code Ann. § 81-4-301 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-301
81-4-301 Herd districts -- creation, size, and location
Status: in_force

81-4-301 . Herd districts -- creation, size, and location. (1) Herd districts may be created in any county in the state of Montana:

(a) upon petition of owners or possessors of 55% of the land in the district and providing that 25% or more of the land in the district is in actual cultivation or being used for residential purposes; or

(b) upon petition of owners or possessors of 75% of the land in the district.

(2) Herd districts must contain 12 square miles or more, lying not less than 1 mile in width, outside of the incorporated cities, except that herd districts may be created containing not less than 6 or more than 54 square miles, lying not less than 2 miles in width, when the territory joins and is contiguous with the boundaries of a city having a population of 10,000 or more and the territory to be created in a herd district has a suburban population of not less than 200 people.

(3) In formation of a herd district the entire holding of any owner or lessee must be included unless the owner or lessee consents that less than the owner or lessee's entire contiguous holdings be included in the petition.

(4) The petition must designate the months of the year when the herd district is effective, and upon presentation and filing of the petition, properly signed, giving the outside boundaries and description of the proposed district and the post-office address of the petition signers, with the clerk and recorder in the county in which the district is being created, the county commissioners of that county, upon receipt of the petition, shall set a date for hearing protests and verifying the petition 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. At the hearing held pursuant to the notices, the county commissioners shall examine the petition and shall cause a map to be made in order to determine the shape and regularity of the boundaries of the proposed district. The commissioners may then establish the district, but the district shall be established only in a manner that the district will be reasonably regular and symmetrical in shape or practicable in relation to the geographical features of the district. It is not required that the boundaries of a district follow section lines to meet the requirement of reasonably regular and symmetrical boundaries.

(5) Should it appear to the county commissioners after the hearing that the signatures attached to the petition were genuine, they shall immediately declare the herd district created and established. After making the declaration, the county commissioners shall give notice by four weekly publications in a newspaper nearest the district of the creation of the district, also stating the period that the district will be in effect. A district may not be in effect until 30 days have expired after the order.

(6) If the signature of lessee appears on the petition creating or abolishing any 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, and a person may not withdraw the person's name after the hour set for hearing the protest.
Mont. Code Ann. § 81-2-602 — MT Code / Title 81 / Chapter 2 / Part 6 / Section 81-2-602
81-2-602 Report of sales or distribution
Status: in_force

81-2-602 . Report of sales or distribution. A person, firm, or corporation that has secured permission from the department to sell or distribute tuberculin for animal use in this state shall, on the same day it sells, furnishes, or supplies tuberculin, report in writing to the department the name and address of the person and a statement of the amount of tuberculin supplied to the person.
Mont. Code Ann. § 81-7-601 — MT Code / Title 81 / Chapter 7 / Part 6 / Section 81-7-601
81-7-601 Definition
Status: in_force

81-7-601 . Definition. As used in this part, the word "owners" or "persons" includes natural persons, partnerships, corporations, trusts, and estates.
Mont. Code Ann. § 81-8-235 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-235
81-8-235 Penalties for financial violations
Status: in_force

81-8-235 . Penalties for financial violations. (1) A person found, after notice and hearing, to be in violation of 81-8-234 shall be assessed a civil penalty by the department of not less than $100 or more than $5,000 or have the person's license or certificate suspended or revoked, or both.

(2) A person found, after notice and hearing, to have committed a subsequent violation of 81-8-234 after the department has assessed a penalty pursuant to subsection (1) shall be fined not less than $250 or more than $5,000 and have the person's license or certificate suspended or revoked.

(3) A person, whether or not licensed under this part, who issues or delivers a check or other order upon a real or fictitious depository in payment for a livestock purchase knowing that it will not be paid by the depository is guilty of a felony and on conviction shall be imprisoned for not more than 5 years or be fined not more than $10,000, or both. If the person has an account with the depository, failure to make good the check or other order within 5 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the person knew it would not be paid by the depository.
Mont. Code Ann. § 81-23-202 — MT Code / Title 81 / Chapter 23 / Part 2 / Section 81-23-202
81-23-202 Licenses -- disposition of income
Status: in_force

81-23-202 . Licenses -- disposition of income. (1) A producer, producer-distributor, distributor, or jobber may not engage in the business of producing or selling milk subject to this chapter in this state without first having obtained a license from the department as provided in 81-22-202 or, in the case of milk entering this state from another state or foreign nation, without complying with the requirements of the Montana Food, Drug, and Cosmetic Act and without being licensed under this chapter by the board. The annual fee for the license is $2, is due before July 1, and must be deposited by the department in the general fund. The license required by this chapter is in addition to any other license required by state law or any municipality of this state. This chapter applies to every part of the state of Montana.

(2) In addition to the annual license fee, the board shall, in each year, before April 1, for the purpose of securing funds to administer and enforce this chapter, levy an assessment upon producers, producer-distributors, and distributors as follows:

(a) a fee per hundredweight on the total volume of all milk subject to this chapter produced and sold by a producer-distributor;

(b) a fee per hundredweight on the total volume of all milk subject to this chapter sold by a producer;

(c) a fee per hundredweight on the total volume of all milk subject to this chapter sold by a distributor, excepting that which is sold to another distributor.

(3) The board shall adopt rules fixing the amount of the fees under this section, including rules identifying the milk hundredweight equivalent conversion factor used for calculating the amount of the fees levied on manufactured dairy products. The amounts may not exceed levels sufficient to provide for the administration of this chapter. The fee assessed on a producer or on a distributor may not be more than one-half the fee assessed on a producer-distributor.

(4) (a) In addition to the fees established in subsections (1) through (3), the department shall assess a fee per hundredweight on the volume of all classes of milk produced and sold by a person licensed by the department to be used for the administration of the milk inspection and milk diagnostic laboratory functions of the department. The fee must be established pursuant to 81-1-102 (2).

(b) A person licensed by the department shall report to the department on a monthly basis the volume of milk produced. All reporting documentation must be submitted on forms approved or provided by the department.

(5) The assessments upon producer-distributors, producers, and distributors must be paid before the 25th day of each month. The amount of the assessments must be computed by applying the fee designated by the board and the fee established in subsection (4) to the volume of milk sold in the preceding month.

(6) Failure of a producer-distributor, producer, or distributor to pay an assessment when due is a violation of this chapter, and the board may revoke a license upon due cause and after a hearing. A licensee shall pay all assessments accrued through the date a license is revoked under this section. A revoked license must be reinstated by the board upon payment of all accrued assessments and a delinquency fee established by rule.

(7) All assessments required by this chapter must be deposited by the department in the state special revenue fund. All costs of administering chapter 22 and this chapter, including the salaries of employees and assistants, per diem and expenses of board members, and all other disbursements necessary to carry out the purpose of chapter 22 and this chapter, must be paid out of the board money in that fund.

(8) The board may, if it finds the costs of administering and enforcing this chapter can be derived from lower rates, amend its rules to fix the rates at a less amount on or before April 1 in any year.
Mont. Code Ann. § 81-9-302 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-302
81-9-302 Power of department to adopt and enforce rules
Status: in_force

81-9-302 . Power of department to adopt and enforce rules. The department may adopt and enforce rules or orders necessary for the supervision, control, and inspection of rendering or disposal plants or establishments, their standards and methods of operation and their sanitary conditions, and the supervision, control, and inspection of equipment of the plant, where the rendering or disposal plants or establishments are intended to be operated for the disposal of bodies or parts of bodies of dead animals or fowl in any manner, except for human consumption. Vehicles and equipment used for the transportation of these bodies or parts of bodies are subject to the rules or orders adopted by the department which are applicable to the vehicles or equipment. Sections 81-9-301 through 81-9-306 do not apply to the slaughtering and handling of animals or fowl for human consumption.
Mont. Code Ann. § 81-6-209 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-209
81-6-209 Fee -- deposit of proceeds -- single-county district
Status: in_force

81-6-209 . Fee -- deposit of proceeds -- single-county district. The district cattle 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 district 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 in the county treasury 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. § 81-8-274 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-274
81-8-274 Suspension or revocation of license
Status: in_force

81-8-274 . Suspension or revocation of license. (1) Whenever the department finds that a livestock dealer has violated the provisions of this part or rules adopted under this part, the department may, by order, suspend the license of the person for a period not to exceed 1 year, and if the violation is repeated, the department may, by order, after hearing, permanently revoke the license of the person.

(2) Before a license issued under this part may be suspended or revoked, the licensee must be furnished with a copy of the complaint and a hearing must be held before the department to determine whether the license should be suspended or revoked. The licensee must be given notice of the time and the place of the hearing. The notice may be served by certified mail at the post-office address listed in the application. The hearing must be held not less than 10 days or more than 30 days after the mailing of the notice. At the time and place set for the hearing, the department shall take and receive evidence, under oath, with respect to the complaint and, upon the evidence received, shall promptly dismiss the proceedings or revoke or suspend the license.
Mont. Code Ann. § 81-4-304 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-304
81-4-304 Joint herd districts
Status: in_force

81-4-304 . Joint herd districts. Herd districts may be created jointly between any two or more counties of the state of Montana where the lands to be included in the district meet the requirements of this section and either extend across county boundaries under one ownership or are contiguous to the land of owners in the adjoining county wishing to participate in the herd district. The county commissioner boards of each county desiring to participate in a joint herd district shall comply with all the provisions of this section dealing with single-county districts. A joint herd district shall be created only after approval by all county commissioner boards of participating counties as provided for single-county herd districts in this section. Joint herd districts may be dissolved in the same manner as single-county herd districts.
Mont. Code Ann. § 81-1-204 — MT Code / Title 81 / Chapter 1 / Part 2 / Section 81-1-204
81-1-204 Assignment to districts
Status: in_force

81-1-204 . Assignment to districts. The stock inspectors and detectives are district officers, and the department must designate the district in which the inspectors and detectives serve, and the district must be designated in their commissions.
Mont. Code Ann. § 81-22-411 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-411
81-22-411 Filled dairy products unlawful -- exceptions
Status: in_force

81-22-411 . Filled dairy products unlawful -- exceptions. (1) Filled dairy products resemble genuine dairy products so closely that they lend themselves readily to substitution for and confusion with such dairy products and in many cases cannot be distinguished from genuine dairy products by the ordinary consumer or ordinary laboratory procedures. The manufacture, sale, exchange, purveying, transportation, possession, or offering for sale or exchange or purveyance of filled dairy products lends itself to substitution, confusion, deception, and fraud and if permitted, tends to interfere with the orderly and fair marketing of foods essential to the well-being of the people of this state. It is hereby declared to be the purpose of this chapter to:

(a) correct, prevent, and eliminate the condition above referred to;

(b) protect the public from confusion, fraud, and deception;

(c) prohibit practices inimical to the general welfare; and

(d) promote the orderly and fair marketing of essential foods.

(2) It is unlawful:

(a) for any person to manufacture, sell, exchange, display, purvey, transport, or possess any filled dairy product or to offer or expose for sale or exchange or to be purveyed any such product in intrastate commerce;

(b) for any person owning or operating a bakery, confectionery shop, factory, or other place where food products are prepared or manufactured for sale, exchange, or purveyance to the public in intrastate commerce to utilize any filled dairy product as an ingredient in any food product so manufactured or prepared;

(c) for any person knowingly to sell, exchange, purvey, transport, or possess any food product in intrastate commerce in which any filled dairy product is an ingredient.

(3) The term "filled dairy product" does not mean or include:

(a) oleomargarine;

(b) any distinctive proprietary food compound not readily mistaken for a dairy product where such compound is customarily used on the order of a physician and is prepared and designed for medicinal or special dietary use and prominently so labeled;

(c) any frozen dessert containing animal fat (other than butterfat) or vegetable fat when the container is properly labeled;

(d) any dairy product flavored with chocolate or cocoa where the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used; or

(e) any dairy product in which the vitamin content has been increased and food oil utilized as a carrier of such vitamins provided the quantity of such food oil does not exceed 1/100 of 1% of the weight of the finished dairy product.
Mont. Code Ann. § 81-3-102 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-102
81-3-102 Recording of brands required -- alternative livestock to be marked -- limit
Status: in_force

81-3-102 . Recording of brands required -- alternative livestock to be marked -- limit. (1) It is unlawful for a person to artificially brand, mark, or cause to be artificially branded or marked any domestic animal or livestock running at large on the public domain or open range or that may run or stray at large on the public domain or open range, unless the artificial brand or mark has been recorded or rerecorded with the department in the name of the person within the period of 10 years immediately preceding the branding or marking.

(2) Alternative livestock, as defined in 87-4-406 , must be identified by use of a recorded whole herd mark or brand in compliance with the requirements of Title 87, chapter 4, and this chapter.

(3) No more than five brands may be recorded or rerecorded by one person.
Mont. Code Ann. § 81-7-304 — MT Code / Title 81 / Chapter 7 / Part 3 / Section 81-7-304
81-7-304 Proceeds of furs and skins taken
Status: in_force

81-7-304 . Proceeds of furs and skins taken. All furs, skins, and so forth taken by the expenditure of license funds shall be sold and the proceeds of such sale deposited in said predatory animal control fund for the use in carrying out the purpose of this part.
Mont. Code Ann. § 81-2-210 — MT Code / Title 81 / Chapter 2 / Part 2 / Section 81-2-210
81-2-210 Compensation from federal government or other agency
Status: in_force

81-2-210 . Compensation from federal government or other agency. (1) If the federal government or an agency other than the state compensates the owner for livestock or property destroyed by order of the department, the amount of the compensation from the federal government or other agency must be deducted from the owner's claim as filed against the state, that is, from the balance that remains after the net salvage price received from the sale or other disposal of the condemned animal has been deducted from the appraised value.

(2) If the owner or agent of the livestock or property destroyed by order of the department forfeits an indemnity, which the owner would otherwise be entitled to from the federal government or compensating agency other than the state, by violation of the rules of the federal government or other agency, an amount equal to the indemnity, which would have been paid by the federal government or other indemnifying agency but for the forfeiture must also be deducted from the owner's claim; that is, the balance that remains after the net salvage price received from the sale or other disposal of the condemned animal has been deducted from the appraised value.
Mont. Code Ann. § 81-4-207 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-207
81-4-207 Castration of animals running at large -- notice to owner -- expense and charges
Status: in_force

81-4-207 . Castration of animals running at large -- notice to owner -- expense and charges. (1) Except as provided in subsection (3), a person may take up and secure any animal found running at large on the open range. After taking it up the person shall, without unnecessary delay, post at the United States post office or as near as may be to the place where the animal was taken up a notice truly dated and subscribed by the person or the person's agent to the effect that the animal, describing it by marks and brands, if any, color, and sex, was taken up on the day named while it was running at large on the open range in the county, naming the county, and that, unless claimed and removed within 5 days after the date of the posting, the animal will be castrated at the expense of the owner. If the owner, person, firm, corporation, or association having management or control of the animal is known to the person who took the animal up, personal service of the notice upon the owner, person, firm, corporation, or association having management or control of the animal is the equivalent to the posting. The notice, if personally served, may state that, unless the animal is claimed and removed within 2 days after the date of the notice served personally, the animal will be castrated at the expense of the owner.

(2) If the animal taken up is not claimed and removed within 5 days or 2 days, as the case may be, it may lawfully be castrated in the usual manner and doing no more harm than is necessary. The expense of castration must be paid by the owner. If the animal is claimed within the time prescribed, the claimant shall pay to the person who took the animal up the reasonable expense of keeping and feeding the animal since it was taken up and also the sum of $5 for the taking up and giving of the notice. Upon making the payments, the claimant shall immediately remove and take away the animal.

(3) A person shall report a swine running at large on the open range to the board. The board shall determine if the swine is an animal running at large subject to this section or a feral swine subject to the provisions of Title 81, chapter 29, part 1.
Mont. Code Ann. § 81-1-103 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-103
81-1-103 Audit of bills -- payment of expenses
Status: in_force

81-1-103 . Audit of bills -- payment of expenses. The department shall audit all bills for expenses incurred by it in the discharge of its duties, which shall be paid out of the department's moneys in the state special revenue fund.
Mont. Code Ann. § 81-21-103 — MT Code / Title 81 / Chapter 21 / Part 1 / Section 81-21-103
81-21-103 Exceptions of certain producers of dairy products
Status: in_force

81-21-103 . Exceptions of certain producers of dairy products. (1) The owners or operators of small dairies, dairies, creameries, butter factories, cheese factories, or other places of business engaged in the production, storage, or transportation of dairy products 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:

(a) the 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) the 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. § 81-6-208 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-208
81-6-208 Powers and duties of protective committees
Status: in_force

81-6-208 . Powers and duties of protective committees. Such district cattle protective committees shall be organized and have the same powers and duties as the county cattle protective committees organized under the provisions of part 1 of this chapter.
Mont. Code Ann. § 81-22-304 — MT Code / Title 81 / Chapter 22 / Part 3 / Section 81-22-304
81-22-304 Department's right of entry into dairy or plants for inspection -- penalty
Status: in_force

81-22-304 . Department's right of entry into dairy or plants for inspection -- penalty. (1) The department or its authorized agent has the right of entry during normal business hours, including Sundays and holidays, into a dairy supplying milk or cream for manufacturing purposes, manufactured dairy products plant, milk plant, cream receiving station, transportation facility, or any premises where dairy products, dairy manufactured products, or their substitutes or imitations are produced, manufactured, sold, offered for sale, or stored while in transit to inspect the dairy or plant, its facilities and products, or to obtain samples for testing or analysis. It is unlawful for a person to interfere with the department or its authorized agent in the performance of its duty to enter, inspect, or obtain samples.

(2) Violation of this section is a misdemeanor and subjects the offender to a fine of not less than $50 and not more than $500 or to imprisonment in the county jail for not less than 1 or more than 30 days or both such fine and imprisonment.

(3) The department's right of entry under this section does not apply to 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. § 81-7-101 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-101
81-7-101 Definition
Status: in_force

81-7-101 . Definition. For the purpose of this part, the term "predatory animal" includes coyote, red fox, and any other individual animal causing depredations upon livestock.
Mont. Code Ann. § 81-2-105 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-105
81-2-105 Authority of municipal corporations
Status: in_force

81-2-105 . Authority of municipal corporations. (1) Nothing in this title prevents the governing authority of a municipal corporation from enacting or enforcing ordinances for the inspection of slaughterhouses, meat depots, meat markets, meat food products, creameries, butter or cheese factories, dairies, or dairy products located, sold, or offered for sale in the limits of the municipal corporation. An ordinance may not be enforced in conflict with the powers of this title delegated to the department and its officers or agents.

(2) The governing activity authority of a municipal corporation may not enact or enforce ordinances pursuant to this section for producers as defined in 50-49-202 selling homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 81-7-701 — MT Code / Title 81 / Chapter 7 / Part 7 / Section 81-7-701
81-7-701 Definitions
Status: in_force

81-7-701 . Definitions. As used in this part, the following definitions apply:

(1) "Owners" or "persons" include natural persons, partnerships, corporations, trusts, and estates.

(2) "Predatory animal" has the meaning provided in 81-7-101 .
Mont. Code Ann. § 81-22-303 — MT Code / Title 81 / Chapter 22 / Part 3 / Section 81-22-303
81-22-303 Sampling and testing by department
Status: in_force

81-22-303 . Sampling and testing by department. (1) Except as provided in subsection (2), the department has the authority to sample, test, or retest samples of milk or cream or their products at any dairy, at the premises of any supplier of milk or cream for manufacturing purposes, or at any manufactured dairy products plant, milk plant, or cream buying or receiving station.

(2) The department may not sample, test, or retest milk or cream sold as homemade food pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 81-6-302 — MT Code / Title 81 / Chapter 6 / Part 3 / Section 81-6-302
81-6-302 Definitions
Status: in_force

81-6-302 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of livestock created in Title 2, chapter 15, part 31.

(2) "Livestock" includes ostriches, rheas, and emus in addition to other livestock.

(3) "Program" means the livestock crimestoppers program created under 81-6-313 .
Mont. Code Ann. § 81-7-512 — MT Code / Title 81 / Chapter 7 / Part 5 / Section 81-7-512
81-7-512 Enforcement
Status: in_force

81-7-512 . Enforcement. (1) Investigations of violations of this part, arrests, and seizures may be made by any peace officer, or agent of the department designated by the department.

(2) To enforce this part, the department may enter into agreement with federal agencies with predatory animal control. Such agreements may allow the federal agency to assist in investigations, arrests, and seizures.
Mont. Code Ann. § 81-4-206 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-206
81-4-206 Killing animal to prevent injury not prohibited
Status: in_force

81-4-206 . Killing animal to prevent injury not prohibited. Sections 81-4-203 through 81-4-209 are not intended and shall not be interpreted or understood to limit or deny the right now existing to destroy or kill any such animal to prevent injury by it to any person or property.
Mont. Code Ann. § 81-4-202 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-202
81-4-202 Penalties
Status: in_force

81-4-202 . Penalties. (1) Any person violating 81-4-201 is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and is liable for damages to any party injured by the violation, in any court having competent jurisdiction.

(2) All fines collected under the provisions of this section, except those collected in a justice's court, must be paid into the county treasury for the use and benefit of the public schools.
Mont. Code Ann. § 81-8-263 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-263
81-8-263 Duties when ownership in doubt
Status: in_force

81-8-263 . Duties when ownership in doubt. An operator of a livestock market shall, when notified by the authorized brand inspector that there is a question as to whether any designated livestock sold through the market are lawfully owned by the consignor of the livestock, hold the proceeds received from the sale of the livestock for a reasonable time, not to exceed 30 days, to permit the consignor to establish ownership. If at the expiration of that time the consignor fails to establish lawful ownership of the livestock, the proceeds must be transmitted by the operator of the livestock market to the department. The department may dispose of the proceeds in accordance with Title 81, chapter 4, part 6, relating to the distribution of estray money, and the department's receipt for the proceeds relieves the operator of the livestock market from further responsibility for the proceeds. Proof of ownership and account of all sales of livestock must be transmitted by the authorized brand inspector to the department.
Mont. Code Ann. § 81-22-104 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-104
81-22-104 Enforcement of laws and rules -- violation as misdemeanor
Status: in_force

81-22-104 . Enforcement of laws and rules -- violation as misdemeanor. (1) The department shall supervise and enforce the laws and rules which pertain to the standards of quality and sanitation of manufactured dairy products and of cream, whole milk, skimmed milk, condensed milk, evaporated milk, and food additives used in manufacturing dairy products.

(2) Rules adopted under this chapter have the effect of law, and violation of these rules is a misdemeanor, punishable as provided in 81-22-601 unless a specific penalty has been provided.
Mont. Code Ann. § 81-7-603 — MT Code / Title 81 / Chapter 7 / Part 6 / Section 81-7-603
81-7-603 County commissioners permitted to require per capita license fee on cattle
Status: in_force

81-7-603 . County commissioners permitted to require per capita license fee on cattle. (1) To defray the expense of protection, the board of county commissioners may require all owners or persons in possession of cattle 9 months of age or older in the county on the regular assessment date of each year, as provided in 15-24-903 , to pay a per capita license fee in an amount to be determined by the board. All owners or persons in possession of cattle 9 months of age or older coming into the county after the regular assessment date and subject to the per capita levy under the provisions of Title 15, chapter 24, part 9, are subject to payment of the license fee.

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

(3) The fees must be placed in a predatory animal control fund separate from the funds provided for in 81-7-303 and 81-7-703 . The money in the predatory animal control fund may be expended by the board of county commissioners for predatory animal control, including bounties paid pursuant to Title 81, chapter 7, part 2. Interest earned on money in the fund must be deposited in the fund.

(4) Money from any source may be deposited in the predatory animal control fund provided for in this section to carry out the provisions of this part.
Mont. Code Ann. § 81-9-311 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-311
81-9-311 Dead or fallen animal rendering plants -- definitions
Status: in_force

81-9-311 . Dead or fallen animal rendering plants -- definitions. When used in 81-9-311 through 81-9-317 , the following definitions apply:

(1) "Dead or fallen animal" means the carcass or dead body of a cow, ox, bull, stag, calf, steer, heifer, horse, mule, mare, colt, foal, or filly, the continued existence of which would create a public nuisance and constitute a hazard to the public health, which is not killed for human consumption and is to be salvaged for the purpose of obtaining the hide and grease or fat from the animal.

(2) "Licensed rendering plant" and "licensed renderer" mean a person, partnership, association, or corporation which is engaged in the disposal of dead or fallen animals and which is licensed by the department.
Mont. Code Ann. § 81-7-102 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-102
81-7-102 Department to supervise destruction of predatory animals -- cooperation with other agencies -- administration of money
Status: in_force

81-7-102 . Department to supervise destruction of predatory animals -- cooperation with other agencies -- administration of money. (1) The department shall conduct the destruction and control of predatory animals capable of killing, destroying, maiming, or injuring domestic livestock or domestic poultry and the protection and safeguarding of livestock and poultry in this state against depredations from these animals. The department shall formulate the practical programs for accomplishing these objectives in this state and for carrying out the programs in an efficient and practical manner responsive to the need for control in each area of this state.

(2) The department shall adopt rules applicable to predatory animal control that are necessary and proper for the systematic destruction of the predatory animals by hunting, trapping, and poisoning operations and payments of bounties. The department shall make field, area, range, or other orders and instructions, including orders and instructions to hunter and trapper personnel and others, that are appropriate in the various areas at different seasons of the year, taking into consideration the habits, presence, migrations, or movements of the animals and their attacks on livestock and poultry, either singly or in packs or bands.

(3) The department shall cooperate with authorized representatives of the federal government, including the biological survey and the fish and wildlife service, the department of fish, wildlife, and parks, boards of county commissioners, voluntary associations of stockgrowers, sheepgrowers, ranchers, farmers, hunters, and anglers, and corporations and individuals, in the systematic destruction of predatory animals by hunting, trapping, and poisoning operations.

(4) Section 81-7-103 and this section do not interfere with or impair the power and duties of the department of fish, wildlife, and parks in the control of predatory animals by the department of fish, wildlife, and parks as authorized by law or the obligation of the department of fish, wildlife, and parks to expend its funds in cooperation with the department for predatory animal control as required by law. Funds of the department of fish, wildlife, and parks for the cooperative predatory animal control must be administered and expended by the department of fish, wildlife, and parks.
Mont. Code Ann. § 81-21-106 — MT Code / Title 81 / Chapter 21 / Part 1 / Section 81-21-106
81-21-106 Civil liability
Status: in_force

81-21-106 . Civil liability. A person, firm, or corporation which violates this part or rules or orders of the department is liable for damages sustained by a person because of the violation. The damages may be recovered by the person in a civil action in a court of competent jurisdiction.
Mont. Code Ann. § 81-4-107 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-107
81-4-107 Procedure when owner unknown or not resident of state -- sale of wire removed
Status: in_force

81-4-107 . Procedure when owner unknown or not resident of state -- sale of wire removed. If there is no known owner of such wire within the state or if such owner is unknown to the board of county commissioners, the board may collect and remove the wire at the expense of the county. All such wire or other fencing as in the opinion of the board of county commissioners can be sold at a price sufficient to cover at least the expense of removal and sale shall be sold by the county commissioners in the manner provided by law for the sale of county property, except that notice of such sale need be published only once and need be given only 10 days before such sale.
Mont. Code Ann. § 81-8-902 — MT Code / Title 81 / Chapter 8 / Part 9 / Section 81-8-902
81-8-902 Department not liable for collection of assessment -- inspection
Status: in_force

81-8-902 . Department not liable for collection of assessment -- inspection. (1) The department and its agents and employees are not responsible or liable for a livestock owner's compliance with the requirement to pay the assessment due to the Montana beef council pursuant to 81-8-901 if 81-8-901 and this section are carried out in good faith.

(2) The department may not refuse to inspect livestock if the livestock owner refuses to pay the assessment imposed under 81-8-901 .
Mont. Code Ann. § 81-4-203 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-203
81-4-203 Open range defined
Status: in_force

81-4-203 . Open range defined. In 81-4-204 and 81-4-207 , the term "open range" means all lands in the state of Montana not enclosed by a fence of not less than two wires in good repair. The term "open range" includes all highways outside of private enclosures and used by the public whether or not the same have been formally dedicated to the public.
Mont. Code Ann. § 81-9-314 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-314
81-9-314 Animals to be tagged
Status: in_force

81-9-314 . Animals to be tagged. At the time of the execution of the dead or fallen animal record provided for in 81-9-313 , the licensed renderer or the renderer's agent who receives a dead or fallen animal shall tag the animal with one of the serially numbered identification tags provided in 81-9-312 and shall at the same time record the number of the tag in the proper space provided on the dead or fallen animal record.
Mont. Code Ann. § 81-6-210 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-210
81-6-210 Discontinuance of district -- fee saved
Status: in_force

81-6-210 . Discontinuance of district -- fee saved. Upon receipt of a petition or petitions signed in the same number and in the same manner as the petition to form the district, the board of county commissioners shall discontinue the cattle protective district. The discontinuance of the 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. § 81-4-205 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-205
81-4-205 Male equine animals running at large as nuisance -- abatement
Status: in_force

81-4-205 . Male equine animals running at large as nuisance -- abatement. Any such animal so running at large is a public nuisance, which, in addition to the means and proceedings prescribed by this part for its abatement and removal, may be abated and removed by the means and proceedings provided by law for the abatement or removal of public nuisances.
Mont. Code Ann. § 81-20-202 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-202
81-20-202 Remittance of fees
Status: in_force

81-20-202 . Remittance of fees. All license fees shall be remitted to the department of livestock which shall deposit them in the state treasury to the credit of the general fund.
Mont. Code Ann. § 81-22-204 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-204
81-22-204 License required for milk or cream route
Status: in_force

81-22-204 . License required for milk or cream route. It is unlawful for a person to engage in hauling milk or cream on an established milk or cream route for a manufactured dairy products plant, milk plant, or milk or cream station without first procuring a license from the department. The department shall establish a fee for the license.
Mont. Code Ann. § 81-22-404 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-404
81-22-404 Removal or destruction of products in case of potential health hazards
Status: in_force

81-22-404 . Removal or destruction of products in case of potential health hazards. (1) When epidemiological evidence indicates or the likelihood exists that a dairy or manufactured dairy products plant is producing, manufacturing, storing, handling, or offering for sale milk or a manufactured dairy product that is adulterated or that may be detrimental to the health or safety of the consumer, the department may request the department of public health and human services to remove the product from the market or to hold, dispose of, destroy, or treat the product so that it no longer constitutes a potential health hazard.

(2) It is unlawful for a person to violate an order that requires the product's removal from the market or its retention, disposal, destruction, or treatment. Violation is punishable as a misdemeanor, and each violation is subject to a fine of not less than $25 or more than $250 or to imprisonment in the county jail for not more than 30 days, or both fine and imprisonment.
Mont. Code Ann. § 81-21-104 — MT Code / Title 81 / Chapter 21 / Part 1 / Section 81-21-104
81-21-104 Injunctive remedies
Status: in_force

81-21-104 . Injunctive remedies. The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of this chapter or rules adopted under 81-2-102 , notwithstanding the existence of other remedies at law. When the application of other remedies has been insufficient to compel action to control, extirpate, or prevent the spread of disease or upon a showing that an animal disease emergency exists and that other remedies probably would be insufficient to compel action to control the emergency, the department may apply for and the court may grant mandatory injunctive relief.
Mont. Code Ann. § 81-9-115 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-115
81-9-115 Unlawful to purchase uninspected hide or carcass -- exception
Status: in_force

81-9-115 . Unlawful to purchase uninspected hide or carcass -- exception. A person, firm, corporation, or association may not purchase the hide or carcass or any part of livestock slaughtered in a facility licensed pursuant to 81-9-201 without the inspection or identification required by this part. The provision of this section does not apply to a person who purchases from a licensed meat establishment meat in quantities less than one quarter of an animal.
Mont. Code Ann. § 81-3-206 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-206
81-3-206 Commissioners to designate places for loading livestock for inspection
Status: in_force

81-3-206 . Commissioners to designate places for loading livestock for inspection. The board of county commissioners must, at the request of the department, designate within their respective counties certain convenient places and provide suitable facilities for unloading and loading of livestock for inspection purposes.
Mont. Code Ann. § 81-2-203 — MT Code / Title 81 / Chapter 2 / Part 2 / Section 81-2-203
81-2-203 Indemnity special revenue account -- purpose -- uses
Status: in_force

81-2-203 . Indemnity special revenue account -- purpose -- uses. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the indemnity special revenue account. The account is administered by the department.

(2) The department may deposit in the indemnity special revenue account an amount up to $10,000 annually. The principal may not exceed $100,000, and interest earned in the account is retained.

(3) Funds are statutorily appropriated to the department, as provided in 17-7-502 , for the purpose of indemnity payments as authorized in 81-2-201 .
Mont. Code Ann. § 81-30-104 — MT Code / Title 81 / Chapter 30 / Part 1 / Section 81-30-104
81-30-104 Action for damage
Status: in_force

81-30-104 . Action for damage. (1) A person who has been damaged by reason of a violation of 81-30-103 may bring against the person who caused the damage an action in the district court to recover:

(a) an amount equal to three times all actual and consequential damages; and

(b) court costs and reasonable attorney fees.

(2) This chapter may not be construed to affect any other rights of a person who has been damaged by reason of a violation of this chapter. The provisions of subsection (1) may not be construed to limit the exercise of any rights arising out of or relating to a violation of 81-30-103 .
Mont. Code Ann. § 81-7-504 — MT Code / Title 81 / Chapter 7 / Part 5 / Section 81-7-504
81-7-504 Duration of permit -- fee
Status: in_force

81-7-504 . Duration of permit -- fee. The department of livestock shall establish a fee for the permit, and each permit shall be valid for a period set by the department not to exceed 3 years. Fees collected pursuant to this section must be deposited in the state special revenue fund to the credit of the department for expenses incurred administering the aerial hunting of predators permit system. The department may not use more than $2,500 in fees collected for administrative expenses. Fees collected in excess of $2,500 for administrative expenses must be deposited in the predatory animal special revenue account established in 81-7-106 .
Mont. Code Ann. § 81-9-201 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-201
81-9-201 Meat establishment license -- fees and renewals
Status: in_force

81-9-201 . Meat establishment license -- fees and renewals. (1) Except as provided in 50-49-203 , it is unlawful for a person, firm, or corporation to engage in the business of slaughtering livestock or poultry, including the operation of a mobile slaughter facility as defined in 81-9-217 , or processing, storing, or wholesaling livestock or poultry products without having a license issued by the department. The department shall establish an annual fee for a license issued under this section, to be paid into the state special revenue fund for the use of the department.

(2) All licenses expire each year on the anniversary date established by rule by the board of review established in 30-16-302 and must be renewed by the department on request of the licensee. However, when the department finds that the establishment for which the license is issued is not conducted in accordance with the rules and orders of the board made under 81-2-102 , the department shall revoke the license and may not renew it until the establishment is in a sanitary condition in accordance with department rules.

(3) Investor-owned equine slaughter or processing facilities must be licensed pursuant to this section.

(4) A person, firm, or corporation violating this section or any rule or order promulgated by authority of 81-2-102 is guilty of a misdemeanor and upon conviction shall be fined not more than $500.
Mont. Code Ann. § 81-22-412 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-412
81-22-412 Manufactured products to conform to standards of identity
Status: in_force

81-22-412 . Manufactured products to conform to standards of identity. Except for a small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, it is unlawful for any person to manufacture, display, transport, sell, or offer for sale in Montana as a manufactured dairy product any substance or product which does not conform to the standards of identity for such product as defined in the Code of Federal Regulations or to the standard of identity established by the department.
Mont. Code Ann. § 81-29-104 — MT Code / Title 81 / Chapter 29 / Part 1 / Section 81-29-104
81-29-104 Prohibitions
Status: in_force

81-29-104 . Prohibitions. The following actions are prohibited:

(1) importing, transporting, or possessing live feral swine;

(2) intentionally, knowingly, or negligently allowing swine to live in a feral state;

(3) except as provided in 81-29-102 and 81-29-103 , hunting, trapping, or killing a feral swine or assisting in hunting, trapping, or killing a feral swine;

(4) intentionally feeding a feral swine;

(5) expanding the range of a feral swine; and

(6) profiting from the release, hunting, trapping, or killing of a feral swine.
Mont. Code Ann. § 81-4-502 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-502
81-4-502 Abandoned horses on public range declared public nuisance subject to condemnation -- right of owner
Status: in_force

81-4-502 . Abandoned horses on public range declared public nuisance subject to condemnation -- right of owner. It is unlawful for any person owning or having control of any horse to abandon the horse upon the open range in the state of Montana, and such horses so running at large upon the open range in the state are a public nuisance and a public menace and are condemned, subject to the right of the owner of any such abandoned horse to reclaim the same under the conditions hereinafter provided.
Mont. Code Ann. § 81-20-204 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-204
81-20-204 Certificate of candling or packing
Status: in_force

81-20-204 . Certificate of candling or packing. A person buying eggs for resale at retail, except persons or firms who do not buy and sell more than 25 cases of eggs per month, shall candle all eggs offered to the person that have not been candled under supervision of a licensed egg grader and shall refuse to buy eggs unfit for human food as defined in 81-20-205 . Rejects must be returned to the producer, if possible, or, if requested, the candling must be done in the presence of the producer. A certificate must be placed in or on every case of eggs, if candled and graded, in a manner that permits its easy reading and must state the exact grade and size, the date of candling or other date approved by the department, and the name and address of the packer. If the eggs are not candled or graded, the certificate should state "not candled or graded", the name of the dealer, and when packed. The certificate must be printed in letters large enough to be easily read.
Mont. Code Ann. § 81-30-102 — MT Code / Title 81 / Chapter 30 / Part 1 / Section 81-30-102
81-30-102 Definitions
Status: in_force

81-30-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Animal" means any warmblooded or coldblooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research, testing, or education. The term includes but is not limited to dogs, cats, poultry, fish, and invertebrates.

(2) "Animal facility" includes a vehicle, building, structure, research facility, or premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale.

(3) "Consent" means agreement in fact, whether express or apparent.

(4) "Deprive" means to:

(a) withhold an animal or other property from the owner permanently or for such a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

(b) restore the animal or other property only upon payment of reward or other compensation; or

(c) dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.

(5) "Effective consent" means consent by the owner or by a person legally authorized to act for the owner. Consent is not effective if it is:

(a) induced by force or threat;

(b) given by a person that the offender knows is not legally authorized to act for the owner; or

(c) given by a person who by reason of youth, mental disease or disorder, or being under the influence of drugs or alcohol is known by the offender to be unable to make reasonable decisions.

(6) "Notice" means:

(a) oral or written communication by the owner or someone with apparent authority to act for the owner;

(b) fencing or other enclosure obviously designed to exclude intruders or to contain animals; or

(c) a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden.

(7) "Owner" means a person who has:

(a) title to the property; or

(b) lawful possession of the property.

(8) "Person" means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership; two or more persons having a joint or common interest; or some other legal entity.

(9) "Possession" means actual care, custody, control, or management.

(10) "Research facility" means a place, laboratory, institution, medical care facility, elementary school, high school, college, or university at which a scientific test, experiment, or investigation involving the use of a living animal is lawfully carried out, conducted, or attempted.
Mont. Code Ann. § 81-2-511 — MT Code / Title 81 / Chapter 2 / Part 5 / Section 81-2-511
81-2-511 Penalties
Status: in_force

81-2-511 . Penalties. (1) A person who violates this part is guilty of a misdemeanor and is subject to a fine of not less than $50 or more than $250, imprisonment for not more than 6 months, or both.

(2) A court may issue an injunction to prohibit a person from repeating a violation of this part.

(3) Each day of violation constitutes a separate violation for the purposes of this section.
Mont. Code Ann. § 81-23-203 — MT Code / Title 81 / Chapter 23 / Part 2 / Section 81-23-203
81-23-203 Application for licenses
Status: in_force

81-23-203 . Application for licenses. An applicant for license to operate as a producer, producer-distributor, distributor, or jobber shall file a signed application upon a blank prepared by the department and containing the information required by the board. The application must certify the applicant to be the holder of all licenses required by the board for the conduct of the applicant's business or, in the case of milk entering this state from another state or foreign nation, compliance with the requirements of the Montana Food, Drug, and Cosmetic Act. The application must be accompanied by the license fee required to be paid.
Mont. Code Ann. § 81-30-101 — MT Code / Title 81 / Chapter 30 / Part 1 / Section 81-30-101
81-30-101 Short title
Status: in_force

81-30-101 . Short title. This chapter may be cited as the "Farm Animal and Research Facilities Protection Act".
Mont. Code Ann. § 81-3-105 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-105
81-3-105 Right of owner of recorded brand
Status: in_force

81-3-105 . Right of owner of recorded brand. A person in whose name a mark or brand is recorded is entitled to the exclusive use of the mark or brand on the species of animal and in the position designated in the record. A copy of the record certified by the department is prima facie evidence of this right, and the certificate is also prima facie evidence that the person entitled to use the mark or brand is the owner of all animals on which it appears in the position and on the species of animal stated in the certificate.
Mont. Code Ann. § 81-23-106 — MT Code / Title 81 / Chapter 23 / Part 1 / Section 81-23-106
81-23-106 Application
Status: in_force

81-23-106 . Application. This chapter does not apply to foreign or interstate commerce except insofar as it may be effective in compliance with the United States constitution and with the laws of the United States. It is the intention of the legislature, however, that the instant, whenever that may be, that the handling within the state by a dealer of milk produced outside of the state becomes the subject of regulation by the state in the exercise of its police powers, the provisions of this chapter affecting intrastate milk immediately apply and the powers conferred by this chapter attach thereto.
Mont. Code Ann. § 81-3-221 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-221
81-3-221 Brands fraudulently changed
Status: in_force

81-3-221 . Brands fraudulently changed. Whenever a mark or brand upon any neat cattle, horse, or other animal has been fraudulently altered, obliterated, or defaced so that the original mark or brand cannot be determined through the external inspection thereof, any stock inspector or sheriff may seize and kill the animal to ascertain the mark or brand so altered or defaced. Payment equal to the fair market value of the live animal shall be made after proper ownership is determined.
Mont. Code Ann. § 81-4-217 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-217
81-4-217 Retention of trespassing stock
Status: in_force

81-4-217 . Retention of trespassing stock. (1) If an animal breaks into an enclosure surrounded by a legal fence or is wrongfully on the premises of another, the owner or occupant of the enclosure or premises may take into possession the trespassing animal and keep the animal until all damages, together with reasonable charges for keeping and feeding the animal, are paid. The person who takes the animal into possession shall, within 24 hours after taking possession, give written notice to the owner or person in charge of the animal, stating that the animal has been taken. The notice must also give the date of the taking, the description of the animal taken, including marks and brands, if any, the amount of damages claimed, the charge per head per day for caring for and feeding the animal, and the description, either by legal subdivisions or other general description, of the location of the premises on which the animal is held.

(2) The notice must be given to the owner or person in charge only when the owner or person in charge of the animal is known to the person taking the animal and resides within 25 miles of the premises on which the animal was taken. If the owner or person in charge of the animal resides more than 25 miles from the place of the taking, the notice must be mailed to the owner. In this case or if the owner is unknown, a similar notice must be mailed to the department of livestock and the sheriff of the county in which the animal has been taken. On receipt of the notice, the sheriff shall post a copy of the notice at the courthouse and shall send by certified mail a copy of it to the owner of the stock, if known to the sheriff. If unknown, the sheriff shall send a copy of the notice to the nearest state livestock inspector.

(3) If the parties within 5 days after receipt of the notice do not agree to the amount of damages, the claimant shall within 10 days institute a civil action to collect the claim in a court of competent jurisdiction. Pending the outcome of the suit, the person taking the stock may, at the expense of the owner, retain a sufficient number of animals to cover the amount of damages claimed by the person taking the stock. The owner or person in charge of the animal may, after the institution of the action, on filing a bond executed by two or more sureties and approved by the court in double the sum sued for, conditioned upon the payment to the claimant of all sums, including costs that may be recovered by the claimant, have all livestock returned. The claimant is liable to the owner for any loss or injury to the stock occurring through the claimant's fault or neglect. If the claimant fails to recover in the action a sum equal to that offered by the owner of the stock, the claimant bears the expense of keeping and feeding the stock while in the claimant's possession.

(4) A person who takes or rescues an animal from the possession of the person taking the animal, without the consent of the person taking the animal, is guilty of a misdemeanor punishable as provided in 46-18-212 .
Mont. Code Ann. § 81-2-705 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-705
81-2-705 Lien resulting from quarantine -- foreclosure of lien
Status: in_force

81-2-705 . Lien resulting from quarantine -- foreclosure of lien. (1) In accordance with the provisions of 81-2-109 , the expenses of quarantine detailed in 81-2-704 are a lien on the animals, semen, or biologics and the department may retain possession of them until the charges and expenses are paid. The lien is dependent on possession and may be foreclosed in the name of the agent of the department by sale at public auction of the animals, semen, or biologics or as much of them as may be necessary to pay the expenses.

(2) Posting notice for 10 days at three public places in the county is required prior to auction. The lien may also be foreclosed by filing an action against the owner of the property to recover the amount of charges and expenses in a court of competent jurisdiction.
Mont. Code Ann. § 81-7-116 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-116
81-7-116 Bounty claims and certificates to be filed with department
Status: in_force

81-7-116 . Bounty claims and certificates to be filed with department. Bounty claims and certificates issued by the county clerk and recorders under 81-7-115 shall be filed with the department and registered in a book provided for that purpose.
Mont. Code Ann. § 81-4-507 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-507
81-4-507 Gathering horses in roundup district before roundup unlawful -- rights of owner
Status: in_force

81-4-507 . Gathering horses in roundup district before roundup unlawful -- rights of owner. It is unlawful for a person or persons to round up from the range any horse or horses in a roundup district after the districts have been designated by the county commissioners until after the roundup. However, an owner of horses on which the taxes have been paid in this district may gather the horses by notifying the roundup supervisor and being accompanied by the supervisor or a representative of the supervisor in gathering the horses.
Mont. Code Ann. § 81-22-305 — MT Code / Title 81 / Chapter 22 / Part 3 / Section 81-22-305
81-22-305 Cooperative agreements with other agencies
Status: in_force

81-22-305 . Cooperative agreements with other agencies. (1) The department may enter into cooperative working agreements with state, county, city, and town departments and their political or departmental subdivisions to facilitate the performance of its functions or duties.

(2) This section permits the department to establish cooperative working agreements with health departments, sanitarians, or health officers when special investigations, sampling, or analyses are considered advisable.
Mont. Code Ann. § 81-22-420 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-420
81-22-420 Labeling of animal or vegetable fat contents on frozen desserts
Status: in_force

81-22-420 . Labeling of animal or vegetable fat contents on frozen desserts. (1) Any frozen dessert made in the semblance of or in imitation of ice cream in this chapter, which contains any amount of animal fat (other than milk fat) or vegetable fat or oil (other than any such fat or oil which is naturally present in any flavoring ingredient), must be labeled as an animal fat product or vegetable fat product, or a combination of both, as the case may be. Such animal fat or vegetable fat products must be manufactured from a pasteurized mix which has been processed in a licensed manufacturing dairy product plant. All persons manufacturing, offering for sale or exchange, or selling such animal fat or vegetable fat frozen desserts are subject to the sanitary, reporting, and licensing regulations of this chapter and of the regulations promulgated under the authority of this chapter.

(2) No representation may be made by statement, word, grade designation, design, symbol, device, or in any other manner on any container, package, or wrapper or on any advertising media that such animal fat or vegetable fat product, or combination thereof, is ice cream, sherbet, or any of their low-fat counterparts or derivatives or any other products which are prohibited from containing animal or vegetable fats.

(3) The container, package, or wrapper containing such animal fat or vegetable fat frozen dessert must be clearly and plainly marked, labeled, or printed on the outside in boldfaced letters with the words, "animal fat product", "vegetable fat product", "animal-vegetable fat product", or "vegetable-animal fat product", as the case may be, and shall bear thereon the common or usual name of each of the ingredients therein, including the fats or oils, except that spices, flavorings, or colorings may be designated as such without naming each.

(4) The labeling requirements of this section do not apply to milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
Mont. Code Ann. § 81-8-302 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-302
81-8-302 Contents of notices
Status: in_force

81-8-302 . Contents of notices. The notices must consist of a statement showing the date of security agreement; the names and addresses of the debtors and secured parties or holders and owners of the security agreement; a description of the livestock covered by the security agreement; in the case of a notice of renewal, the date of renewal; in the case of a notice of assignment of a security interest, the date of the assignment, a description of the security agreement to which the assignment is made, and the parties to the assignment; and any additional information that is required by the department. The notice of security agreement must be signed by the affected debtor or proper legal authority.
Mont. Code Ann. § 81-8-705 — MT Code / Title 81 / Chapter 8 / Part 7 / Section 81-8-705
81-8-705 Wrongful use of label -- penalty -- injunction -- prosecutions
Status: in_force

81-8-705 . Wrongful use of label -- penalty -- injunction -- prosecutions. (1) A person who uses the Montana quality label in violation of this part, or who, with the intent to mislead or deceive, uses an imitation, counterfeit, or likeness thereof on the label, tag, seal, container, sign, or otherwise on any product which is sold or offered for sale or who uses the Montana quality label or, with intent to mislead or deceive, uses an imitation, counterfeit, or likeness thereof on or in connection with an offer to sell or advertisement for the sale or use of any product which does not in fact lawfully bear the Montana quality label is guilty of a misdemeanor and shall be fined not less than $10 or more than $500.

(2) The word "Montana" may not be used on a brand or label not of No. 1 quality, its equivalent, or better.

(3) A district court in this state has jurisdiction to enjoin the use of the Montana quality label or an imitation, counterfeit, or likeness thereof used in violation of this part.

(4) The department of livestock may cause prosecutions for violations of this part, as well as the injunction proceedings under this section, to be instituted through the attorneys for the state or the counties and cities or otherwise in its discretion.
Mont. Code Ann. § 81-29-101 — MT Code / Title 81 / Chapter 29 / Part 1 / Section 81-29-101
81-29-101 Definitions
Status: in_force

81-29-101 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Board" means the board of livestock provided for in 2-15-3102 .

(2) "Feral swine" means a hog, boar, or pig that appears to be untamed, undomesticated, or in a wild state or appears to be contained for commercial hunting or trapping.
Mont. Code Ann. § 81-22-203 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-203
81-22-203 Renewal, suspension, or revocation of license -- grounds -- hearing -- appeal to district court
Status: in_force

81-22-203 . Renewal, suspension, or revocation of license -- grounds -- hearing -- appeal to district court. (1) The department may revoke, deny renewal of, or suspend a license issued under this part or its rules for cause or failure to comply with this chapter or with the rules, testing procedures, or methods adopted under this chapter or when the department has reason to believe that the licensee's products may be detrimental to or jeopardize the health and welfare of the public.

(2) Before revoking, denying renewal of, or suspending a license, the department shall give written notice of its intention to revoke, deny, or suspend the license and its reasons for the revocation, denial, or suspension. The department shall give the licensee a time limit of 10 days from receipt of the notice during which the licensee may request a hearing to show cause why the license should not be revoked, denied, or suspended. The notice must be sent by certified mail, or personal service may be made on the licensee by a representative of the department. Failure of the licensee to request a hearing within the time allowed by the department is considered as the licensee's desire not to contest the department's reasons for revoking, denying, or suspending the license.

(3) If the licensee requests a hearing, the department shall appoint a time and place for an administrative hearing in the county where the licensee is licensed.

(4) The date established for the hearing may be not less than 10 days or more than 30 days after receipt of the licensee's request for the hearing. A request for a hearing serves as a bar to prosecution until a decision from the department becomes final. The licensee at the hearing may testify or present evidence having a bearing on the revocation, denial, or suspension of the license, and after hearing all the evidence, the department shall make a determination. If a license is revoked, denied, or suspended, it may not be reinstated until examination or inspection by the department shows that the cause for revocation, denial, or suspension has been eliminated or corrected.

(5) It is unlawful for a licensee to carry on the business or operations for which the licensee was licensed, during the term of suspension or revocation, and if the licensee does so, the licensee is subject to the penalties provided in the chapter.

(6) A licensee who is aggrieved by the decision of the department in matters pertaining to revocation, denial, or suspension of a license may appeal, within 30 days after the date of determination by the department, to the district court of the county in which the licensee was licensed, if in the state, or in the case of a business firm of any nature in the state, of the county of its principal place of business.

(7) If a license is revoked a new license must be obtained from the department, but a new license may be issued only when the cause for revocation has been corrected.
Mont. Code Ann. § 81-22-414 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-414
81-22-414 Pasteurization apparatus and records
Status: in_force

81-22-414 . Pasteurization apparatus and records. (1) The department may adopt rules that it considers necessary to ensure proper control and use of all equipment used in the process of pasteurization. The department may require the operation of devices and apparatus that are needed to accurately record and indicate temperatures to which and the length of time for which the pasteurized product has been heated, including those periods and temperatures when the equipment is cleaned and sanitized by C.I.P. method. A person using pasteurizing equipment in this state shall properly record and have available to the department for the preceding 2 months all records pertaining to the pasteurization of any product. These records must at all times be open to the inspection of the department, the department of public health and human services, and all other state, county, and municipal officers charged with the enforcement of laws and ordinances respecting dairy products or the public health.

(2) Pasteurizing equipment that records temperatures or controls the time of holding must be timed, set, and sealed by the department. The seals may not be removed or broken without first notifying the department.
Mont. Code Ann. § 81-2-706 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-706
81-2-706 Consignment requirements
Status: in_force

81-2-706 . Consignment requirements. (1) All animals, animal semen, or animal biologics brought into Montana, other than transitory cargo, must be consigned to or in the care of a person, entity, or authorized agent of either located in Montana.

(2) The person, entity, or authorized agent must notify the department of its intent to receive any animals, animal semen, or animal biologics and is responsible for acquiring all required permits and ensuring that they are accompanied by all required health certificates.

(3) No person consigning, transporting, or receiving animals, animal semen, or animal biologics into Montana may authorize, order, or carry out any diversion of them or any portion thereof to a destination or consignee other than as set forth on the permit or health certificate without first obtaining written permission from the department.
Mont. Code Ann. § 81-4-410 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-410
81-4-410 Provisions mandatory
Status: in_force

81-4-410 . Provisions mandatory. The provisions of this part are mandatory, and the owner of livestock may not lose title or right of possession to the owner's stock unless the provisions of this part are strictly complied with.
Mont. Code Ann. § 81-4-214 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-214
81-4-214 Branding animals running at large -- running irons prohibited
Status: in_force

81-4-214 . Branding animals running at large -- running irons prohibited. Every person except an owner, and the owner only when branding on the owner's own premises and in the presence of two responsible citizens, who marks or brands any calf or cattle that are running at large between December 1 and May 10 of the next ensuing year and every person who shall at any time brand or cause to be branded or marked any horse, mule, cattle or head of cattle, sheep, llama, alpaca, bison, swine, or other animal, 1 year old or older, with any piece of metal or implement, other than a branding iron, which branding iron must be of the same design as the brand or mark owned by the party using it, or who marks or brands or causes to be marked or branded any of the animals listed in this section with any piece or pieces of iron called "running irons", such as bars, rings, half or quarter circles, is punishable by imprisonment in the county jail for not exceeding 6 months or by a fine of not less than $25 or more than $500, or both.
Mont. Code Ann. § 81-8-217 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-217
81-8-217 Jurisdiction
Status: in_force

81-8-217 . Jurisdiction. The justices' courts have jurisdiction of all misdemeanor and civil violations of this part.
Mont. Code Ann. § 81-7-703 — MT Code / Title 81 / Chapter 7 / Part 7 / Section 81-7-703
81-7-703 County commissioners permitted to require per capita license fee on goats
Status: in_force

81-7-703 . County commissioners permitted to require per capita license fee on goats. (1) To defray the expense of protection, the board of county commissioners may require all owners or persons in possession of a goat 9 months of age or older in the county on the regular assessment date of each year, as provided in 15-24-903 , to pay a per capita license fee in an amount to be determined by the board. All owners or persons in possession of a goat 9 months of age or older coming into the county after the regular assessment date and subject to the per capita levy under the provisions of Title 15, chapter 24, part 9, are subject to payment of the license fee.

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

(3) The fees must be placed in a predatory animal control fund, separate from the funds provided for in 81-7-303 and 81-7-603 . The money in the predatory animal control fund may be expended by the board of county commissioners for predatory animal control, including bounties paid pursuant to Title 81, chapter 7, part 2. Interest earned on money in the fund must be deposited in the fund.

(4) Money from any source may be deposited in the predatory animal control fund provided for in this section to carry out the provisions of this part.
Mont. Code Ann. § 81-4-213 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-213
81-4-213 Penalty
Status: in_force

81-4-213 . Penalty. Any person or persons, firm, company, or corporation violating any of the provisions of 81-4-210 through 81-4-213 shall be guilty of a misdemeanor punishable as provided in 46-18-212 .
Mont. Code Ann. § 81-8-252 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-252
81-8-252 Hearing on application for certificate -- decision
Status: in_force

81-8-252 . Hearing on application for certificate -- decision. (1) Upon the filing of an application for a certificate of public convenience pursuant to 81-8-251 , the department shall fix a time and place for a hearing on the application, which may not be less than 10 days after the filing. The department shall have a copy of the application, excluding the financial statement described in 81-8-251 (2)(g), and notice of the hearing served by mail on:

(a) the operators of any other livestock markets that in the opinion of the department might be affected by the granting of the certificate;

(b) the secretaries of the Montana stockgrowers association and the Montana woolgrowers association;

(c) the secretary of the district livestock association, if any;

(d) the secretary of the livestock association or associations, if any, within the vicinity of the proposed livestock market, if known to the department; and

(e) any railroad company operating into or through the town or city in which the proposed livestock market will be located.

(2) If, after the hearing on the application, the department finds from the evidence that public convenience and necessity require the authorization of the proposed livestock market, a certificate must be issued to the applicant. In determining whether public convenience and necessity require the livestock market, the department shall give reasonable consideration to the service rendered by other existing livestock markets in this state and the effect on them if the proposed livestock market is authorized and shall give due consideration to the likelihood of the proposed service being permanent and continuous throughout 12 months of the year.
Mont. Code Ann. § 81-7-206 — MT Code / Title 81 / Chapter 7 / Part 2 / Section 81-7-206
81-7-206 Existing bounty laws not affected
Status: in_force

81-7-206 . Existing bounty laws not affected. Nothing in this part contained shall be construed as interfering with, in any way, or repealing any part of the existing laws of the state relative to the levying of taxes for and paying of the bounties on predatory animals under such state laws.
Mont. Code Ann. § 81-9-233 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-233
81-9-233 Cooperation with state and federal authorities
Status: in_force

81-9-233 . Cooperation with state and federal authorities. (1) In carrying out the provisions of 81-9-216 through 81-9-220 , 81-9-226 through 81-9-234 , and 81-9-236 , the chief shall consult with the department of environmental quality and any appropriate state laboratory in matters relating to the potability of water, to sewage systems, and to other sanitary conditions of slaughtering and meat processing establishments that might endanger public health.

(2) The board is designated as the agency responsible for cooperating with the U.S. secretary of agriculture in receiving advisory assistance in developing the state program, technical and laboratory assistance and training, and financial assistance for administration of the program.
Mont. Code Ann. § 81-7-113 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-113
81-7-113 Claim for bounty
Status: in_force

81-7-113 . Claim for bounty. (1) A sheriff, undersheriff, and deputy sheriff, to prevent fraud, shall carefully examine each skin presented. If the examination discloses that the scalp and ears with the skin from the entire head of the animal have not been severed, punched, patched, or marked, the officer shall, in the presence of the person presenting the skin, mark the skin by severing the skin from the head, including the ears, and then redeliver the skin to the person presenting it. The officer shall require an affidavit from the claimant that the claimant killed the animal. The affidavit must be on forms prescribed by the department and contain information the department requires.

(2) The officer shall require affidavits from two residents residing in the vicinity in which the animal was killed, setting forth that they are residents paying fees on livestock, giving their post-office addresses, and stating that they are personally acquainted with the person presenting the skin and, to their knowledge, the person did kill the animal from which the skin was taken within 30 days preceding the offering of the skin for a bounty to the sheriff, undersheriff, or deputy sheriff to which it is presented. An individual who makes a false certificate or affidavit under this section in a material portion is guilty of a felony, punishable the same as for the crime of perjury.
Mont. Code Ann. § 81-4-219 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-219
81-4-219 Method of marking
Status: in_force

81-4-219 . Method of marking. For the purposes of 81-4-218 through 81-4-220 , it shall be prima facie evidence that such boundaries are properly marked if the same are defined; provided that such monuments or some tree, stump, or post adjacent thereto shall be conspicuously marked with the name of the owner or claimant of such ground and the name of the claim or the description of the land claimed.
Mont. Code Ann. § 81-7-704 — MT Code / Title 81 / Chapter 7 / Part 7 / Section 81-7-704
81-7-704 Proceeds of furs and skins taken
Status: in_force

81-7-704 . Proceeds of furs and skins taken. All furs, skins, and other portions of predatory animals taken through the expenditure of license fees must be sold and the proceeds of the sale deposited in the predatory animal control fund for use in carrying out the purpose of this part.
Mont. Code Ann. § 81-23-201 — MT Code / Title 81 / Chapter 23 / Part 2 / Section 81-23-201
81-23-201 Licenses to producers, producer-distributors, distributors, and jobbers
Status: in_force

81-23-201 . Licenses to producers, producer-distributors, distributors, and jobbers. In a market where the provisions of this chapter apply, it is unlawful for a producer, producer-distributor, distributor, or jobber to produce, transport, process, store, handle, distribute, buy, or sell milk unless the dealer is properly licensed as provided by this chapter. It is unlawful for a person to buy, sell, handle, process, or distribute milk that the person knows or has reason to believe has been previously dealt with or handled in violation of any provision of this chapter. The board may decline to grant a license or may suspend or revoke a license already granted upon due cause and after hearings.
Mont. Code Ann. § 81-8-254 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-254
81-8-254 Cancellation or suspension of certificate
Status: in_force

81-8-254 . Cancellation or suspension of certificate. (1) The department may cancel or suspend the certificate of an operator of a livestock market if it finds that the operator:

(a) is guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale, or ownership of livestock;

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

(c) is in violation of any of the rules adopted by the department; or

(d) is in violation of Title 81, chapter 3, part 2.

(2) The department on its own initiative or on written complaint may investigate a livestock market and may file a complaint against the livestock market with the board. The complaint shall be set for hearing before the board, and the department shall serve notice of the hearing on the livestock market at least 10 days before such hearing.

(3) An investigation or hearing initiated by the department under this part may be held before an examiner designated by the board. Any finding or order made by an examiner, if confirmed by the board, is the order or finding of the board.
Mont. Code Ann. § 81-22-403 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-403
81-22-403 Plans for construction, remodeling, or relocation of manufacturing plant
Status: in_force

81-22-403 . Plans for construction, remodeling, or relocation of manufacturing plant. (1) Before the construction, extensive remodeling, or relocation of a dairy products manufacturing plant, detailed plans must be submitted to the department for review and approval before construction, remodeling, or relocation begins. The plans must show:

(a) size of rooms;

(b) type of building material;

(c) lighting and electrical system;

(d) ventilation;

(e) location of water supply;

(f) sewage disposal;

(g) materials to be used in floors, walls, and ceilings;

(h) location and type of floor drains;

(i) plumbing, plumbing fixtures, equipment; and

(j) the makes, models, and serial numbers of new or used equipment or machinery being added to or replacing existing equipment or machinery.

(2) Replacement equipment must be of the NSF or 3A standard approved types unless otherwise approved by the department. Construction and materials must conform to rules of the department and of building, electrical, and plumbing codes in effect in the area.

(3) Wastewater, sewage, and air pollutants must be disposed by means approved by the department of environmental quality, and evidence must be submitted that approval has been obtained from the department of environmental quality.
Mont. Code Ann. § 81-23-101 — MT Code / Title 81 / Chapter 23 / Part 1 / Section 81-23-101
81-23-101 Definitions
Status: in_force

81-23-101 . Definitions. (1) Unless the context requires otherwise, in this chapter, the following definitions apply:

(a) "Board" means the board of milk control provided for in 2-15-3105 .

(b) (i) "Class" refers to the classes of utilization of milk that the board defines by rule.

(ii) In adopting rules under this subsection (1)(b), the board shall use the current definitions of classes of utilization of milk that are found in 7 CFR, part 1000.40, except that the board may combine any of the classes of milk provided for in the federal definitions into a single class.

(c) "Consumer" means a person or an agency, other than a dealer, who purchases milk for consumption or use.

(d) "Dealer" means a producer, distributor, producer-distributor, jobber, or independent contractor.

(e) (i) "Distributor" means a person purchasing milk from any source, either in bulk or in packages, and distributing it for consumption in this state. The term includes what are commonly known as jobbers and independent contractors.

(ii) The term does not include a person purchasing milk from a dealer licensed under this chapter for resale over the counter at retail or for consumption on the premises.

(f) "Licensee" means a person who holds a license from the board.

(g) "Market" means an area of the state designated by the board as a natural marketing area.

(h) "Milk" means the lacteal secretion of a dairy animal or animals, including those secretions when raw and when cooled, pasteurized, standardized, homogenized, recombined, concentrated fresh, or otherwise processed and all of which are designated as grade A by a constituted health authority and including those secretions that are in any manner rendered sterile or aseptic, notwithstanding whether they are regulated by any health authority of this or any other state or nation.

(i) "Milk price forward contract" means a voluntary agreement between a distributor and a producer to establish a mechanism to adjust a future producer price on a future delivery of milk at a future date, as a means of hedging the future milk price received by the producer.

(j) "Person" means an individual, firm, corporation, or cooperative association or the dairy operated by the department of corrections at the Montana state prison.

(k) "Producer" means a person who produces milk for consumption in this state and sells it to a distributor.

(l) "Producer prices" means those prices at which milk owned by a producer is sold in bulk to a distributor.

(m) "Producer-distributor" means a person both producing and distributing milk for consumption in this state.

(n) "Retailer" means a person selling milk in bulk or in packages over the counter at retail or for consumption on the premises and includes but is not limited to retail stores of all types, restaurants, boardinghouses, fraternities, sororities, confectioneries, public and private schools, including colleges and universities, and both public and private institutions and instrumentalities of all types and description.

(2) The board may assign new milk products not provided for under 7 CFR, part 1000.40, to the class that the board considers proper.
Mont. Code Ann. § 81-22-602 — MT Code / Title 81 / Chapter 22 / Part 6 / Section 81-22-602
81-22-602 Deceit in grade, measure, or test of milk and cream unlawful
Status: in_force

81-22-602 . Deceit in grade, measure, or test of milk and cream unlawful. (1) No person may use a measure or grading or testing apparatus which does not comply with the standards of the department or make any false or inaccurate statement or otherwise deceive or defraud a producer or other person concerning the weight, measure, butterfat content, or other component content of milk or cream.

(2) A person, firm, or corporation who violates this section is guilty of a misdemeanor and shall be fined not more than $300 or imprisoned in the county jail for not more than 2 months or both fined and imprisoned. The department may revoke a license issued to a person, firm, or corporation upon conviction for violation of this section.
Mont. Code Ann. § 81-8-261 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-261
81-8-261 Inspection of public markets
Status: in_force

81-8-261 . Inspection of public markets. Livestock inspectors, including stock inspectors of a county or district, the sheriff of a county, or a representative of the department of livestock, may enter upon the premises where livestock are being held or sold and must be accorded every facility by the owners of the premises in determining whether a violation of the law is being committed or is likely to be committed. The inspection may not unnecessarily interfere with the conduct of the sales. Livestock sold at the market may not be delivered to the purchaser until the purchaser has first received an inspection certificate issued by one of the officers mentioned in this section, showing clearly and explicitly that the person making the inspection is satisfied as to the ownership of the livestock and the health of all livestock sold.
Mont. Code Ann. § 81-3-101 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-101
81-3-101 Recorder of marks and brands
Status: in_force

81-3-101 . Recorder of marks and brands. The department of livestock is the general recorder of marks and brands.
Mont. Code Ann. § 81-4-311 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-311
81-4-311 Duty to build and maintain fences
Status: in_force

81-4-311 . Duty to build and maintain fences. Upon creation of a herd district pursuant to 81-4-301 , 81-4-304 , or 81-4-322 , fences must be constructed by the entities creating the herd district. Upon approving an annexation to an existing herd district pursuant to 81-4-310 , fences must be constructed by the entities being annexed into the herd district. All fences must be maintained pursuant to 70-16-205 . All fences must conform with the requirements of 81-4-101 . An action to enforce the provisions of this section may be brought by the aggrieved party in the district court in the county where the land is situated.
Mont. Code Ann. § 81-6-204 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-204
81-6-204 Fee -- deposit of proceeds -- multiple-county district
Status: in_force

81-6-204 . Fee -- deposit of proceeds -- multiple-county district. The district cattle 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 district 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 in the county treasury of one of the counties in the district, selected by the district cattle protective committee, 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. § 81-7-605 — MT Code / Title 81 / Chapter 7 / Part 6 / Section 81-7-605
81-7-605 Duty of county commissioners -- petition of cattle owners -- license fees
Status: in_force

81-7-605 . Duty of county commissioners -- petition of cattle 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 cattle producers in the county. Upon petition of the resident owners of at least 51% of the cattle 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 cattle 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. Upon 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 cattle in the county file a petition with the board either for an increase in the license fee or for 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. § 81-4-408 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-408
81-4-408 Duty of officers to ascertain brands
Status: in_force

81-4-408 . Duty of officers to ascertain brands. It shall be the duty of such city or town and its officers or agents to use reasonable diligence to ascertain any and all marks and brands on such stock, and in case such animals are not branded or marked or the brand or marks are mutilated or undeterminable, such facts shall be noted in said notice.
Mont. Code Ann. § 81-9-412 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-412
81-9-412 License revocation
Status: in_force

81-9-412 . License revocation. Upon receipt of a certified copy of the judgment of conviction of any hide dealer or buyer for any violation of this part, the department may revoke the license of such person for 1 year commencing on the date of the licensee's conviction.
Mont. Code Ann. § 81-7-112 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-112
81-7-112 Bounty inspectors
Status: in_force

81-7-112 . Bounty inspectors. The sheriff of a county and undersheriffs and deputy sheriffs located at the county seat but not elsewhere shall receive and examine skins and pelts presented for bounty in their respective counties. The sheriff shall receive 10 cents for each skin examined, this amount to be paid by the owner of the skin.
Mont. Code Ann. § 81-7-123 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-123
81-7-123 Voluntary wolf mitigation account
Status: in_force

81-7-123 . Voluntary wolf mitigation account. (1) There is a voluntary wolf mitigation account in the state special revenue fund established in 17-2-102 . The account is statutorily appropriated, as provided in 17-7-502 , and must be used pursuant to subsection (3) of this section.

(2) The voluntary wolf mitigation account is funded by private donations. State agencies shall, as appropriate, facilitate private donations to the account, including but not limited to the following methods:

(a) a donation by a person of $1 or more above the price of a conservation license purchased pursuant to 87-2-202 or the price of a combination license that includes a conservation license; and

(b) a donation by a person, as defined in 2-4-102 , through the websites of the department of livestock and the department of fish, wildlife, and parks.

(3) The department of livestock shall use the money collected pursuant to this section to contract for wolf management with the United States department of agriculture wildlife services, including but not limited to flight time, collaring, and lethal control of wolves.

(4) Funds collected pursuant to this section and paid by the department of livestock to the United States department of agriculture wildlife services are in addition to and not a substitute for any funds paid by the department to the United States department of agriculture wildlife services under any contract in effect on July 1, 2019.
Mont. Code Ann. § 81-9-112 — MT Code / Title 81 / Chapter 9 / Part 1 / Section 81-9-112
81-9-112 Inspection and marking of hides and meat of slaughtered cattle or horses -- records -- bill of sale -- when inspection not necessary
Status: in_force

81-9-112 . Inspection and marking of hides and meat of slaughtered cattle or horses -- records -- bill of sale -- when inspection not necessary. (1) All slaughtering establishments required to be licensed under 81-9-201 shall maintain the hide of an animal in its entirety with tail and ears attached for each animal slaughtered until inspected by a state or deputy state stock inspector in the county where the animal was slaughtered. The inspector shall mark the hide in the manner prescribed by the department. This inspection may be waived for animals inspected by a state or deputy state stock inspector on a preslaughter inspection.

(2) The inspector shall keep a record and issue a certificate of inspection as specified by the department, giving the name and address of the establishment or person, the serial number of the inspection of the hide, the brand on the hide, if applicable, the date of inspection, and the place where the inspection was made. The inspector shall forward a copy of the inspection certificate to the department and issue one copy to the person requesting the inspection.

(3) When ownership of the hide presented is claimed on a bill of sale, the officer making the inspection shall demand and must receive the original bill of sale and shall attach it to the inspector's certificate sent to the county clerk and recorder. When the bills of sale cover cattle or horses not included in the inspection, the inspector shall issue to the owner of the bill of sale a receipt for the bill of sale. The receipt must describe the balance of the cattle or horses covered by the original bill of sale.
Mont. Code Ann. § 81-4-305 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-305
81-4-305 Changing time when herd districts will be in effect -- petition -- notice -- hearing
Status: in_force

81-4-305 . Changing time when herd districts will be in effect -- petition -- notice -- hearing. The time of year or period when any herd district heretofore or hereafter created under the provisions of the laws of this state is effective or will be in effect may be changed as herein provided, by the board of county commissioners of the county in which such herd district has been created, upon the presentation and filing with the clerk and recorder of such county a petition signed by the owners or possessors of 55% of the land in such district. Such petition shall designate the months of the year when such herd district is effective and designate the contemplated change. Upon receipt thereof, the county commissioners of such county shall set a date for hearing protests and verifying the signatures thereto and shall give not less than 20 days' notice of the same by posting five notices of hearing in five public places in the county, one of which shall be at the place such hearing is to be held and at least two of such notices to be posted within such herd district. Should it appear to the board of county commissioners after such hearing that the signatures attached to such petition are genuine, they shall immediately make an order changing the period of time such herd district will be in effect, as designated in such petition; after which the county commissioners must give notice by four weekly publications in some newspaper in the county nearest such district, stating the period such district will be in effect. The change of time shall not become effective until such notice has been published as herein provided. Upon the fourth publication of such notice, such change of time shall become effective and violation thereof shall be punished as provided under the laws of the state of Montana relative to herd districts.
Mont. Code Ann. § 81-3-106 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-106
81-3-106 Publication of notice of rerecording brands
Status: in_force

81-3-106 . Publication of notice of rerecording brands. Between January 1 and June 30 in each rerecording year, the department shall publish, in at least one issue of at least one newspaper of general circulation in each county of this state in which a newspaper is published, a notice to the effect that the year is a year for rerecording marks and brands and that no mark or brand continues of record unless rerecorded. The department shall also mail to each person in whose name a mark or brand stands of record a similar notice addressed to the person at the person's post-office address as shown by the records in the department.
Mont. Code Ann. § 81-20-201 — MT Code / Title 81 / Chapter 20 / Part 2 / Section 81-20-201
81-20-201 Wholesale egg dealer's and egg grader's licenses -- exemptions -- fee
Status: in_force

81-20-201 . Wholesale egg dealer's and egg grader's licenses -- exemptions -- fee. (1) A person may not buy, sell, or deal in eggs without first obtaining a wholesale egg dealer's license from the department for each establishment at which business is conducted.

(2) The department shall establish a license fee for dealers buying eggs for resale at wholesale. All licenses must be posted in a conspicuous place in each place of business.

(3) (a) A person buying, selling, or dealing in eggs, a major portion of which are produced by the person's own fowl or in amounts less than an average of 25 cases a month over a 12-month period, is exempt from the requirements of this section.

(b) A person buying eggs for sale at retail is not required to obtain a license from the department.

(4) Wholesale and retail dealers who handle more than an average of 25 cases of eggs a month over a 12-month period and who are supplying eggs to consumers shall sell only eggs candled by or under the supervision of experienced and licensed graders.

(5) The department shall establish a fee for a grader's license. All candlers and graders shall pass an examination required by the department.

(6) A person licensed under this section shall send to the department any information or reports that the department requires.

(7) The licenses provided for in this section expire each year on the anniversary date established by rule by the board of review established in 30-16-302 .
Mont. Code Ann. § 81-9-241 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-241
81-9-241 Judicial review of equine slaughter or processing facilities -- surety bond -- attorney fees -- venue
Status: in_force

81-9-241 . Judicial review of equine slaughter or processing facilities -- surety bond -- attorney fees -- venue. (1) (a) If an action is filed in district court to challenge the issuance of a license, permit, certificate, or other approval for an equine slaughter or processing facility pursuant to Title 75 or this chapter, the court shall require a surety bond of the person filing the action. The bond must be set at an amount representing 20% of the estimated cost of building the facility or the operational costs of an existing facility.

(b) The bonding requirements of this subsection (1) do not apply to an indigent person.

(2) If the bond required under subsection (1) is not paid within 30 days of the filing of the action, the action must be dismissed.

(3) An action to challenge a decision to issue a license, permit, certificate, or other approval must be brought in the county or district court jurisdiction in which the facility will be built. If a facility would be located in more than one county, the action may be brought in any of the counties or district court jurisdictions in which the facility would be built.

(4) If the court determines that a judicial action challenging a license, permit, certificate, or other approval for an equine slaughter or processing plant was without merit or was for an improper purpose designed to harass, cause delay, or improperly interfere with the ongoing operation of a facility, the court may award attorney fees and costs incurred in defending the action.

(5) This section does not prevent a defendant in an action brought pursuant to this section from filing an action or counterclaim for any claim for relief available by law and does not limit the recovery that may be obtained in a claim for relief.
Mont. Code Ann. § 81-6-201 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-201
81-6-201 Formation of districts in two or more counties authorized -- petition of cattle owners -- declaration by county commissioners
Status: in_force

81-6-201 . Formation of districts in two or more counties authorized -- petition of cattle owners -- declaration by county commissioners. A cattle protective district embracing all or parts of two or more counties may be formed upon the filing of petitions by the cattle growers of such counties with the boards of county commissioners of each county to be wholly or partially included in the district. Such petitions must be signed by at least 51% of the cattle owners owning 55% of cattle for the protection of which the district is to be formed residing within the area designated as part of the district in each of the counties affected. Upon receipt of such a petition, each board of county commissioners must within 30 days declare the designated portion of its county a part of such cattle protective district, and the district shall be formed immediately upon the action of the last board of county commissioners to act.
Mont. Code Ann. § 81-22-108 — MT Code / Title 81 / Chapter 22 / Part 1 / Section 81-22-108
81-22-108 Antimonopoly statutes applicable
Status: in_force

81-22-108 . Antimonopoly statutes applicable. The provisions of Title 30, chapter 14, part 2, relating to monopoly in the purchase or sale of products in general use are hereby expressly made applicable to all persons engaged in the business of buying milk, cream, or butterfat for the purpose of manufacture and those who shall violate any of the provisions of said sections. All milk, cream, butterfat, manufactured dairy products, or products made in the semblance or imitation of manufactured dairy products are hereby declared to be commodities and products in general use within the meaning of the sections aforesaid.
Mont. Code Ann. § 81-4-108 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-108
81-4-108 Disposal of proceeds of sale of wire after payment of expense
Status: in_force

81-4-108 . Disposal of proceeds of sale of wire after payment of expense. The proceeds of a sale under 81-4-107 must be used to defray the cost of collecting and selling the wire, and the balance, if any, must be placed by the county treasurer in a special fund and must be held subject to claim by any person establishing to the satisfaction of the board of county commissioners that the person was the lawful owner of the wire and entitled to the remaining proceeds of the sale. If a person does not claim the money within 1 year of the date of sale, the money must be deposited in the general fund of the county.
Mont. Code Ann. § 81-4-209 — MT Code / Title 81 / Chapter 4 / Part 2 / Section 81-4-209
81-4-209 Penalty for violations
Status: in_force

81-4-209 . Penalty for violations. An owner, person, firm, corporation, or association violating any provisions of 81-4-203 through 81-4-209 shall be guilty of a misdemeanor punishable as provided in 46-18-212 .
Mont. Code Ann. § 81-4-504 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-504
81-4-504 Notice of holding roundup -- publication -- form
Status: in_force

81-4-504 . Notice of holding roundup -- publication -- form. Notice of the roundup shall be given by the board of county commissioners at least 30 days before the date when the roundup begins. The notices shall be published at least once a week for 3 successive weeks in some newspaper of general circulation, printed and published in the county in which the roundup is to be held, if a newspaper of this type is printed and published in the county. The notice shall be posted in at least five public places outside of the county seat of the county on public highways in the county or district, as the case may be, in which the roundup is to be held. Three notices shall be posted in three public places in the county seat. One of the notices shall be posted at the front door of the courthouse. The notices posted outside of the county seat are to be posted not less than 2 miles apart, and all posted notices are to be posted at least 20 days before the date on which the roundup begins as stated in the notice. If no newspaper is printed and published in the county, publication in a newspaper is not required. At least 20 days before the date on which the roundup is to begin, a copy of the notice shall be filed with the department by the clerk of the board of county commissioners.
Mont. Code Ann. § 81-1-113 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-113
81-1-113 Livestock loss reduction restricted account
Status: in_force

81-1-113 . (Temporary) Livestock loss reduction restricted account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss reduction restricted special revenue account. The account is administered by the department.

(2) Except as provided in subsection (6), the money transferred to the account is restricted to the purposes of reducing predation on livestock by wolves and grizzly bears and reducing expenses incurred by livestock owners, including but not limited to veterinary bills, caused by wolves and grizzly bears.

(3) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for either or both of the purposes of subsection (2) must be deposited in the account provided for in subsection (1).

(4) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department for carrying out the purposes of this section.

(5) Except as provided in subsection (6), to reduce predation of livestock, the livestock loss board:

(a) shall use at least half of the money transferred into the account pursuant to subsection (2) on nonlethal, preventative measures; and

(b) may use half of the money transferred into the account pursuant to subsection (2) to contract with the United States department of agriculture wildlife services.

(6) Up to 10% of the money in the account may be used for administrative expenses. (Terminates June 30, 2029--sec. 3, Ch. 20, L. 2023.)
Mont. Code Ann. § 81-23-403 — MT Code / Title 81 / Chapter 23 / Part 4 / Section 81-23-403
81-23-403 Disposition of fines
Status: in_force

81-23-403 . Disposition of fines. (1) All fines assessed by a court, other than a justice's court, for violation of this chapter must be paid by the court to the department.

(2) All fines received by the department must be deposited with the state treasurer and must be placed by the treasurer in the state special revenue fund. Fines assessed for violations of this chapter are earmarked for the purposes of this chapter.
Mont. Code Ann. § 81-4-606 — MT Code / Title 81 / Chapter 4 / Part 6 / Section 81-4-606
81-4-606 Publication of description of estrays sold -- disposition of proceeds remaining in state treasury
Status: in_force

81-4-606 . Publication of description of estrays sold -- disposition of proceeds remaining in state treasury. A full description of estrays for which the proceeds derived from the sale remains in the hands of the treasurer unclaimed shall be published for the period of two consecutive weekly, semimonthly, or monthly issues after May 1 of each year in not more than four weekly, semimonthly, or monthly publications in this state. The publications shall be designated by the department, and when the publication has been made and the proceeds from the sale of the estrays has remained in the hands of the state treasurer for a period of 2 years, it shall be, by the treasurer, upon request of the department, immediately placed to the credit of the state special revenue fund for the use of the department.
Mont. Code Ann. § 81-8-701 — MT Code / Title 81 / Chapter 8 / Part 7 / Section 81-8-701
81-8-701 Definitions
Status: in_force

81-8-701 . Definitions. Unless the context requires otherwise, in this part the following definitions apply:

(1) "Agricultural and food product" includes a horticultural, viticultural, dairy, livestock, poultry, bee, other farm or garden product, fish or fishery product, and other foods.

(2) "Continuous official inspection" means that an employee or a licensed representative of the department of agriculture or the department of livestock or the United States department of agriculture regularly and continuously examines the commodity as it is being packed so as to have knowledge of the quality that goes into each package.

(3) "Person" includes an individual, partnership, association, union, or corporation.
Mont. Code Ann. § 81-7-105 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-105
81-7-105 Disposition of proceeds from sale of skins, hides, and specimens -- presenting to museums
Status: in_force

81-7-105 . Disposition of proceeds from sale of skins, hides, and specimens -- presenting to museums. Furs, skins, and specimens taken by hunters or trappers shall be sold by the department. The proceeds from the sales shall be credited to the state special revenue fund. The proceeds shall be used to carry out the provisions of 81-7-101 through 81-7-105 . Specimens may be presented free of charge to a state museum or institution.
Mont. Code Ann. § 81-2-113 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-113
81-2-113 Penalty
Status: in_force

81-2-113 . Penalty. Any person, persons, firm, or corporation violating any provision of parts 1 through 3 of this chapter, or the rule or order promulgated by authority of same shall be guilty of a misdemeanor. Violations shall be tried without undue delay in any court of competent jurisdiction.
Mont. Code Ann. § 81-4-327 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-327
81-4-327 Sale of horses -- disposition of proceeds
Status: in_force

81-4-327 . Sale of horses -- disposition of proceeds. (1) Prior to a sale as authorized by 81-4-326 , the sheriff shall have the horses classified as follows:

(a) Class 1 must include:

(i) horses not bearing a registered brand and that in the opinion of the stock inspector are of a value not to exceed $10 per head; and

(ii) horses bearing a registered brand but that the owner has failed to redeem as provided in this part, after notice given, and that in the opinion of the stock inspector are of a value not to exceed $10 per head.

(b) Class 2 must include horses bearing registered brands and that in the opinion of the stock inspector are of a value in excess of $10 per head.

(2) Horses in class 1 must be sold on 10 days' notice posted at the courthouse of each county in which any portion of the district lies and posted in three other public places in the county, one of which must be in that portion of the district included in the county.

(3) Horses in class 2 must be sold on notice posted for 21 days and otherwise as notices are required to be posted for the sale of horses in class 1, and the notice must be published once a week for 2 successive weeks before the sale in some newspaper published in the county seat of each county that includes any part of the district, if there is a newspaper, and if there is no newspaper published in any county comprising a part of the district, the notice must be published in any newspaper of general circulation in the county or counties that include the district. The notice required to be published for the sale of horses in class 2 must describe each horse to be sold, giving the approximate age, description, and brands, if any. The proceeds of the sale must be applied by the sheriff to the discharge of the claim and the costs of the proceedings in selling the property and enforcing the claim, and the remainder, if any, must be deposited with the county treasurer who shall keep the same in a special fund to be designated as the "horse herd district fund", giving the number of district if there is more than one district.

(4) A separate fund of the type specified in subsection (3) must be kept by the county treasurer for each of the districts created in that county. The county treasurer shall make a record of the description of each horse, the amount received for the horse, and the amount of deductions. The record must be open to public inspection, and any person making claim of ownership of a horse to the board of county commissioners at any time within 1 year from the date of sale and submitting proof of ownership to the board with the claim to the satisfaction of the board is entitled to receive the excess received from the sale of that horse. Any money received from the sale of a horse that is not claimed within 1 year after the sale must at the expiration of that period be transferred to the general fund of the county.
Mont. Code Ann. § 81-9-317 — MT Code / Title 81 / Chapter 9 / Part 3 / Section 81-9-317
81-9-317 Penalty
Status: in_force

81-9-317 . Penalty. Any person who violates any of the provisions of 81-9-311 through 81-9-317 or who willfully falsifies any of the records required by 81-9-311 through 81-9-317 to be kept shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50 or more than $250 or by imprisonment in the county jail for a period of not less than 30 days or more than 90 days or by both such fine and imprisonment.
Mont. Code Ann. § 81-4-104 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-104
81-4-104 Barbed wire fences to be kept in repair
Status: in_force

81-4-104 . Barbed wire fences to be kept in repair. The owners of barbed wire fences shall keep the same in repair, and a person who receives notice in writing that the person's barbed wire fence or any part of the fence is down or in such condition as to be likely to injure any livestock and who fails or refuses to repair the fence is liable to pay damages in an amount equal to the value of any cattle, horses, mules, or other domestic animals that may be injured by coming into contact with the fence.
Mont. Code Ann. § 81-4-324 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-324
81-4-324 Horses running at large in herd district prohibited
Status: in_force

81-4-324 . Horses running at large in herd district prohibited. All horses are hereby prohibited from running at large within any horse herd district as defined in 81-4-322 .
Mont. Code Ann. § 81-3-202 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-202
81-3-202 Rules
Status: in_force

81-3-202 . Rules. The department may adopt rules necessary to carry out this part.
Mont. Code Ann. § 81-4-601 — MT Code / Title 81 / Chapter 4 / Part 6 / Section 81-4-601
81-4-601 Estray defined
Status: in_force

81-4-601 . Estray defined. In this part, "estray" means a horse, mule, mare, gelding, colt, llama, alpaca, bison, cow, ox, bull, stag, steer, heifer, calf, sheep, or lamb:

(1) not bearing a brand and the ownership of which cannot be determined by the stock inspector of the district in which the animal is found by inquiry among reputable resident stock owners or freeholders;

(2) bearing a recorded brand, the owner of which brand cannot be located at or through the post office designated on the records of the department or which owner cannot be located by the stock inspector of the district where the estray is found by inquiry among reputable resident stock owners or freeholders; or

(3) which bears an unrecorded brand, the owner of which unrecorded brand cannot be ascertained by the stock inspector of the district in which the animal is found by inquiry among reputable resident stock owners or freeholders.
Mont. Code Ann. § 81-2-107 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-107
81-2-107 Duty to report contagious diseases
Status: in_force

81-2-107 . Duty to report contagious diseases. A person, including the owner or custodian, who has reason to suspect the existence of a dangerous, infectious, contagious, or communicable disease in livestock or the presence of animals exposed to the disease in this state shall immediately give notice to the department.
Mont. Code Ann. § 81-3-205 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-205
81-3-205 Fees for inspection and livestock transportation permits
Status: in_force

81-3-205 . Fees for inspection and livestock transportation permits. (1) For the service of inspection of all livestock except horses, mules, or asses before removal from a county or before change of ownership, the inspector making the inspections must receive a fee established by the department for each head inspected. For the issuance of a market consignment permit or transportation permit, other than a permanent permit, before removal from a county for all livestock, the inspector issuing the permits must receive a fee established by the department for each permit issued and must receive in addition the inspector's necessary actual expenses, to be paid by the owner or the person for whom the inspection is made or permit issued. For the issuance of a permanent horse transportation permit, the state stock inspector taking the application for permit shall receive a fee established by the department for each permit issued. All inspection and permit fees and expenses must be collected by the inspector at the time of inspection or issuance of permit, all the fees and expenses collected by a deputy state stock inspector must be retained by the deputy, and all fees and expenses collected by a state stock inspector must be sent 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.

(2) For the service of inspection before any livestock except a horse, mule, or ass is sold or offered for sale at a licensed livestock market or slaughtered at a licensed slaughterhouse, a state stock inspector or deputy state stock inspector making the inspection must receive a fee established by the department for each head inspected. All fees must be paid by the owner or by the person for whom the inspection is made. For releasing an animal so that it may be removed from the premises of a licensed livestock market, the state stock inspector making the release must receive a fee established by the department for each head inspected from the owner or the person for whom the release is made. All fees for inspection and release at the market must be collected at the time the inspection or release is made by the state stock inspector making the inspection or release and must be sent 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. All fees for preslaughter inspection made at a licensed slaughterhouse by the state stock inspector must 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. Preslaughter inspection fees paid to a deputy state stock inspector must be retained by the deputy.

(3) (a) For the service of inspection of horses, mules, or asses before removal from a county or before change of ownership, the inspector making the inspection must receive a fee established by the department for each head inspected and must receive in addition the inspector's necessary actual expenses, to be paid by the owner or the person for whom the inspection is made. All fees and expenses collected by a state stock inspector must be sent 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.

(b) For the service of inspection before a horse, mule, or ass is sold or offered for sale at a licensed livestock market, a state stock inspector making the inspection must receive a fee established by the department for each head inspected. All fees must be paid by the owner or the person for whom the inspection is made to the state stock inspector.

(4) All inspection and release fees and expenses must 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 unless paid to a deputy state stock inspector. State stock inspectors must be paid for their services and receive their expenses as fixed by the department.
Mont. Code Ann. § 81-8-312 — MT Code / Title 81 / Chapter 8 / Part 3 / Section 81-8-312
81-8-312 Possession under a mortgage -- how acquired
Status: in_force

81-8-312 . Possession under a mortgage -- how acquired. If it is necessary under the laws of this state for a party to any mortgage, assignment, bill of sale, or other contract, between November 1 and the succeeding May 15, to take possession of any cattle or horses in order to preserve the party's rights under a mortgage, assignment, bill of sale, or other contract, it is sufficient for the party to file a copy of the instrument under which the party claims, with a notice of the claim appended to the copy, with the general recorder of marks and brands within 5 days after it becomes necessary for the party to take custody and possession of the cattle or horses.
Mont. Code Ann. § 81-4-603 — MT Code / Title 81 / Chapter 4 / Part 6 / Section 81-4-603
81-4-603 Taking up and disposition of estrays -- advertisement
Status: in_force

81-4-603 . Taking up and disposition of estrays -- advertisement. (1) A stock inspector authorized by the department shall take into possession an estray found in the stock inspector's district and, except as provided in 81-2-120 , shall either:

(a) ship or arrange for the shipment of the estray to a licensed livestock market for sale; or

(b) hold the estray and care for the estray in the cheapest and most practicable manner for at least 10 days and not more than 30 days after public notice is published as provided in subsection (2). During the holding period, the stock inspector shall advertise that the estray is being held and that unless the estray is claimed by the owner, the stock inspector will on a date specified in the notice sell the estray at a public auction to the highest bidder for cash.

(2) The notice must be published in the newspaper doing the county printing of the county in which the estray is found and on the department's website and in each livestock market brand office and county sheriff's office in the state. This notice must be published in the newspaper at least one time and must contain a statement of the date of the sale, the place where the sale is to be held, and a general description of the estray, including the sex and the approximate age, together with an illustration of the brand and the position of the brand on the estray and a description of the place or locality where the estray was found or taken.

(3) Except as provided in 81-2-120 , the proceeds from the sale must be disposed of under 81-4-605 and 81-4-606 .

(4) The owner of the estray may appear and claim it at any time before the sale or shipment, as provided in this part, upon payment to the department of the cost of caring for the estray as determined by the department.
Mont. Code Ann. § 81-7-114 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-114
81-7-114 Certificate and record of sheriff
Status: in_force

81-7-114 . Certificate and record of sheriff. (1) Upon receiving the affidavit required pursuant to 81-7-113 , the officer shall deliver to the person claiming a bounty a certificate addressed to the county clerk of the officer's county and immediately deliver to the county clerk a duplicate of the certificate, showing the date, number, and kind of skins marked for severing and the name of the person presenting the skins. The certificate must also recite that the filing of the affidavits required by 81-7-113 has been done and the examination of the skins has been made as required. The certificate must be signed by the officer in the officer's official capacity. Each sheriff shall keep a record of all skins marked and severed, showing the date, number, and kinds and the names of the persons presenting the skins. This record is an official record. The sheriff, undersheriff, or deputy sheriff may not perform any duties under 81-7-111 through 81-7-118 and 81-7-120 through 81-7-122 except at the county seat.

(2) The sheriff shall, not later than the 15th of each month, give to the county clerk and recorder a report setting forth the names of the persons presenting skins, with the number of the certificate and the kind and number of the skins presented. The sheriff shall report for each certificate issued during the month.
Mont. Code Ann. § 81-3-103 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-103
81-3-103 Application for recording -- record of brands
Status: in_force

81-3-103 . Application for recording -- record of brands. (1) A person desiring to have recorded an artificial mark or brand for use in distinguishing or identifying the ownership of any domestic animal or livestock shall make application for the mark or brand to the department. The application must be in writing and must contain the name, residence, and post-office address of the applicant and the species of the animals on which the mark or brand is to be used. An applicant may apply for a seasonal mark or brand that is designated for use only for a specific period of time and that is subject to renewal upon termination of that period.

(2) The department shall designate for the applicant's use some practical form of mark or brand distinguishable with reasonable certainty from all other marks and brands recorded or rerecorded, within the period of 10 years immediately preceding the time of filing the application, in the name of some person other than the applicant. The department shall designate the position on the animals where the mark or brand must be placed and the species of animals on which the mark or brand may be used.

(3) The board may review applications that contain characters or images within a proposed mark or brand that is not currently recorded with the department.

(4) The department shall record each particular mark or brand, the position on the animals where the mark or brand is to be used, the species of animals on which the mark or brand is to be used, and the date of recording. The record is a public record and is prima facie evidence of the facts recorded in it.
Mont. Code Ann. § 81-8-234 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-234
81-8-234 Financial responsibility
Status: in_force

81-8-234 . Financial responsibility. (1) Every livestock market or livestock dealer shall maintain a financial condition of total assets in excess of total liability, including total current assets in excess of total current liabilities.

(2) Payment for livestock purchased shall be made upon completion of the sales transaction. Payment in all livestock transactions shall be made by cash, check, or draft, as defined in 30-3-104 ; by electronic funds transfer, as defined in 32-6-103 ; or by any other bankable instrument.
Mont. Code Ann. § 81-4-323 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-323
81-4-323 Petition to dissolve horse herd district -- hearing and notice -- order of county commissioners
Status: in_force

81-4-323 . Petition to dissolve horse herd district -- hearing and notice -- order of county commissioners. When a petition praying that any established horse 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, the 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. 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 the 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, then the said 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 said horse herd district is thereby dissolved. Forthwith upon the making and entry of any such order aforesaid the horse herd district affected thereby shall be dissolved for all purposes thereafter.
Mont. Code Ann. § 81-2-603 — MT Code / Title 81 / Chapter 2 / Part 6 / Section 81-2-603
81-2-603 Violation -- penalty
Status: in_force

81-2-603 . Violation -- penalty. Any person, firm, or corporation violating any of the provisions of this part shall be guilty of a misdemeanor and punished by a fine of not less than $25 and not more than $500 or by imprisonment for not less than 30 days and not more than 90 days or both fine and imprisonment.
Mont. Code Ann. § 81-4-310 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-310
81-4-310 Annexation into existing herd district
Status: in_force

81-4-310 . Annexation into existing herd district. (1) Owners or possessors of land that is contiguous to a herd district may petition to have their property annexed to that district. The petition must be properly signed by the owners or possessors of at least 55% of the affected land and must include the post-office address of all petition signers. The petition must state the outside boundaries and a description of the property to be annexed to the existing district. When the petition is filed with the clerk and recorder in the county in which the existing district lies, the county commissioners of that county shall set a date for hearing protests and verifying petition signatures. The county commissioners shall provide notice of the hearing by publishing the hearing date and a list of the properties proposed to be annexed, at least three times in a newspaper of general circulation in the county, not less than 20 days prior to the hearing date.

(2) At the hearing held pursuant to subsection (1), the county commissioners shall examine the petition and have a map drawn up in order to determine the shape and regularity of the boundaries of the property proposed for annexation. If the county commissioners determine that the boundaries are reasonably regular and symmetrical in shape in relation to the geographical features of the properties proposed for annexation, the county commissioners may declare that those properties are annexed into the existing herd district.

(3) If the county commissioners declare the properties annexed to the existing herd district, they shall give notice of the annexation by four weekly publications in a newspaper of general circulation in the county. Annexation does not become effective until 30 days after the declaration of annexation is made, as provided in subsection (2).
Mont. Code Ann. § 81-6-203 — MT Code / Title 81 / Chapter 6 / Part 2 / Section 81-6-203
81-6-203 Powers and duties of protective committees
Status: in_force

81-6-203 . Powers and duties of protective committees. District cattle protective committees shall be organized and have the same powers and duties as the county cattle protective committees organized under the provisions of part 1 of this chapter.
Mont. Code Ann. § 81-2-204 — MT Code / Title 81 / Chapter 2 / Part 2 / Section 81-2-204
81-2-204 Presentation of claims for indemnity
Status: in_force

81-2-204 . Presentation of claims for indemnity. Claims against the state that arise from the destruction of animals or property by order of the department must contain an affidavit by the owner or the owner's agent with knowledge of the animal or property, certifying to the ownership of the animal or property, and that the animal or property has been destroyed under the law and the rules of the department. The claims must be accompanied by a certificate of appraisal together with an account of sale showing the net proceeds from the sale of the animal, if any, paid to the owner of the animal.
Mont. Code Ann. § 81-9-219 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-219
81-9-219 Application
Status: in_force

81-9-219 . Application. The provisions of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 apply to persons, establishments, animals, and articles regulated under the Federal Meat Inspection Act, 21 U.S.C. 601 through 695, the federal Poultry Products Inspection Act, 21 U.S.C. 451 through 470, as those acts read on March 27, 2013, or the federal Humane Methods of Slaughter Act of 1978, 7 U.S.C. 1901, 1902, 1904, 1906, and 1907, as that act read on March 27, 2007, only to the extent provided for in the federal acts.
Mont. Code Ann. § 81-6-107 — MT Code / Title 81 / Chapter 6 / Part 1 / Section 81-6-107
81-6-107 Cooperation with committee by adjoining county
Status: in_force

81-6-107 . Cooperation with committee by adjoining county. The board of county commissioners of any county adjoining a county availing itself of the provisions of this part may cooperate in the administration of this part.
Mont. Code Ann. § 81-3-223 — MT Code / Title 81 / Chapter 3 / Part 2 / Section 81-3-223
81-3-223 Action by dissatisfied owner -- costs
Status: in_force

81-3-223 . Action by dissatisfied owner -- costs. If the owner of the animal seized and killed under this part is dissatisfied with the valuation made, the owner may maintain an action against the department or, if the animal is seized by a sheriff, against that sheriff's county, and if the owner fails to recover damages in any greater amount than that allowed under 81-3-222 , the owner shall bear all costs that may be incurred in the maintenance of the action.
Mont. Code Ann. § 81-7-302 — MT Code / Title 81 / Chapter 7 / Part 3 / Section 81-7-302
81-7-302 County commissioners to conduct predatory animal control program for protection of sheep
Status: in_force

81-7-302 . County commissioners to conduct predatory animal control program for protection of sheep. For the protection of sheep against depredations peculiar to such animals, the board of county commissioners of any county shall upon the recommendation of organized associations of sheep growers in the county have power, either alone or in conjunction with other counties, to conduct a predatory animal control program for the protection of sheep in such county or counties.
Mont. Code Ann. § 81-22-421 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-421
81-22-421 Labeling on manufactured dairy products to conform to requirements
Status: in_force

81-22-421 . Labeling on manufactured dairy products to conform to requirements. Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, labeling on manufactured dairy products must conform to requirements of the Food, Drug, and Cosmetic Act and to the other requirements that are adopted by the department or the department of public health and human services.
Mont. Code Ann. § 81-3-104 — MT Code / Title 81 / Chapter 3 / Part 1 / Section 81-3-104
81-3-104 Designation of years for rerecording brands
Status: in_force

81-3-104 . Designation of years for rerecording brands. Each 10th year after 1921 is the year for rerecording artificial marks and brands used to distinguish and identify the ownership of domestic animals and livestock. Subject to the provisions of 81-3-102 (3), the department shall, on the application of a person or the transferee of the person made in a year that is a year for rerecording marks and brands, rerecord a mark or brand that at the time of the application is recorded with the department in the name of the person. A mark or brand that was not originally recorded or rerecorded in the name of the person during the rerecording year last preceding the date when the application is filed or that was not originally recorded in the name of the person or the person's predecessor or predecessors in interest between the time of the application and the rerecording year last preceding the application is not of record in the department.
Mont. Code Ann. § 81-4-407 — MT Code / Title 81 / Chapter 4 / Part 4 / Section 81-4-407
81-4-407 Service by mail
Status: in_force

81-4-407 . Service by mail. Service of such notice may be made personally or by registered or certified mail, postage prepaid, properly addressed, and placed in the United States post office at least 8 days before the day fixed for the disposition of said stock.
Mont. Code Ann. § 81-4-303 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-303
81-4-303 Exclusion of government land
Status: in_force

81-4-303 . Exclusion of government land. Any tract of land embraced within any established herd district and which contains 18 sections of government land or more, so located that at least one-fourth of the perimeter of such tract coincides with the existing boundaries of such herd district, may be excluded therefrom upon proceedings had before the board of county commissioners of the county wherein the said district has been established on a like petition, notice, and hearing and by a like order as in the case of proceedings for dissolving herd districts. When the exclusion of any such tract of land from an existing herd district is sought, the petition shall describe the tract to be excluded with common certainty and shall set forth that it is signed by the owners or possessors of 55% or more of the lands lying within the boundaries of the tract to be excluded and that less than 15% of the lands included in such tract is in actual cultivation. In any such case if the board of county commissioners at the conclusion of the hearing had shall find that the tract of land to be excluded conforms to the requirements of this section and that the allegations of the petition are true, its findings to that effect shall be spread upon the minutes and the board shall thereupon enter its order in terms that by reason of such findings and of the proceedings had upon such petition the tract of land described in the petition, which shall be further set forth with common certainty in the order, is thereby excluded from such herd district for all purposes thereafter. Forthwith upon the making and entry of any such order of exclusion the tract of land therein described shall be deemed for all purposes thereafter to be excluded from and to form no part of the herd district affected thereby.
Mont. Code Ann. § 81-9-411 — MT Code / Title 81 / Chapter 9 / Part 4 / Section 81-9-411
81-9-411 Hide dealer or buyer's license fee -- disposition of proceeds
Status: in_force

81-9-411 . Hide dealer or buyer's license fee -- disposition of proceeds. Before engaging in business in this state, a hide dealer or buyer shall obtain a license from the department. The department shall establish an annual license fee to be charged for each established place of business at which the hide dealer or buyer purchases or deals in hides. The license continues in force for that calendar year. The moneys collected from the licenses shall be placed in the state special revenue fund for the department. The license must be renewed January 1 of each year.
Mont. Code Ann. § 81-9-228 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-228
81-9-228 Inspection stamps
Status: in_force

81-9-228 . Inspection stamps. (1) The board shall provide meat inspection stamps to all official establishments, including mobile slaughter facilities, which must contain the words "Montana Inspected and Passed". The inspection stamps must be designed by the board so as to be not in conflict with inspection stamps of the U.S. department of agriculture.

(2) Approved official establishments may use symbols of the inspection stamps on the processed meats and meat food products they offer for sale if they are in compliance with the provisions of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 .

(3) The meat inspection stamps must at all times be under the jurisdiction of the chief.
Mont. Code Ann. § 81-4-621 — MT Code / Title 81 / Chapter 4 / Part 6 / Section 81-4-621
81-4-621 Penalties
Status: in_force

81-4-621 . Penalties. A person who, for that person's own use or benefit and without the owner's consent, takes into possession any estray shall be guilty of a misdemeanor punishable as provided in 46-18-212 .
Mont. Code Ann. § 81-23-405 — MT Code / Title 81 / Chapter 23 / Part 4 / Section 81-23-405
81-23-405 Violations made misdemeanors -- penalties
Status: in_force

81-23-405 . Violations made misdemeanors -- penalties. (1) Except for a person operating a small dairy as defined in 81-21-101 , a person who produces, sells, distributes, or handles milk in any way, except as a consumer, without a license from the board as required by this chapter or who violates a lawful rule of the department or board is guilty of a misdemeanor punishable by a fine not exceeding $600. Each day's violation is a separate offense.

(2) The district courts have original jurisdiction in all criminal actions for violations of this chapter and in all civil actions for the recovery or enforcement of penalties provided for in this chapter. All of those actions, both criminal and civil, must be tried in the district court.

(3) The county attorneys, in their respective counties, shall diligently prosecute all violations of this chapter.
Mont. Code Ann. § 81-2-707 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-707
81-2-707 Department rulemaking power
Status: in_force

81-2-707 . Department rulemaking power. The department may promulgate, administer, and enforce rules necessary to implement this part.
Mont. Code Ann. § 81-9-231 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-231
81-9-231 Condemnation and appeal
Status: in_force

81-9-231 . Condemnation and appeal. The inspector at an official establishment shall condemn all diseased or otherwise unfit carcasses and parts of carcasses, including the viscera. The condemned parts must be removed from the slaughtering facilities of the plant in equipment designated for that purpose and must be destroyed for food purposes under the supervision of the inspector. If an establishment wishes to appeal a decision of an inspector as to carcasses or parts of carcasses that have been condemned, the establishment may appeal the decision to the chief or any veterinarian the chief may designate. If the establishment is not satisfied and wishes to make a further appeal, it may submit an appeal to the board, whose decision is final unless the person aggrieved, within 10 days after the date of the decision, appeals to the district court of the district in which the licensed premises are located.
Mont. Code Ann. § 81-8-255 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-255
81-8-255 Appeal by holder of or applicant for certificate
Status: in_force

81-8-255 . Appeal by holder of or applicant for certificate. An appeal of a decision of the department refusing to grant an application for a certificate or suspending or revoking a certificate of a livestock market shall be taken to the district court of the county in which the proposed livestock market is to be located or in which the authorized livestock market has its principal place of business. The appellant shall file a bond with the clerk of the district court in the sum of $300, to be approved by the judge, conditioned to pay all costs that may be awarded against the appellant in the event of an adverse decision or the decision of the department being affirmed. The cost of preparing transcripts shall be paid by appellant. In a case of suspension or revocation of a certificate, the filing of the notice and bond stays the order of the department until the final determination of the appeal. If the appellant fails to perfect the appeal, the stay shall automatically terminate.
Mont. Code Ann. § 81-2-708 — MT Code / Title 81 / Chapter 2 / Part 7 / Section 81-2-708
81-2-708 Penalty
Status: in_force

81-2-708 . Penalty. (1) Except as provided in subsection (2), a person convicted of violating this part shall be fined not more than $500, be imprisoned in the county jail for a term not to exceed 6 months, or both.

(2) A person convicted of violating this part by importing livestock into the state without a required health certificate, permit, or other documentation authorized by department rule shall be fined not less than $500 per animal or $5,000, whichever is greater.
Mont. Code Ann. § 81-22-201 — MT Code / Title 81 / Chapter 22 / Part 2 / Section 81-22-201
81-22-201 License required to operate manufactured dairy products plant
Status: in_force

81-22-201 . License required to operate manufactured dairy products plant. (1) It is unlawful for any person to operate a manufactured dairy products plant, concentrated, condensed, or evaporated milk and/or cream plant, milk and cream buying station, creamery, dairy producing milk for manufacturing purposes, water ice manufacturing plant, cheese plant including cottage cheese, and cream cheese, sour cream, yogurt, or frozen dessert manufacturing plant without first obtaining a license from the department.

(2) Any manufactured dairy products plant or dairy which undergoes a change of ownership must be considered a new plant or dairy for relicensing purposes, provided that changes of ownership may not be construed to include changes of stockholders.

(3) A small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, is exempt from the licensing requirements of this section.
Mont. Code Ann. § 81-1-304 — MT Code / Title 81 / Chapter 1 / Part 3 / Section 81-1-304
81-1-304 Appointment of federal veterinary inspectors
Status: in_force

81-1-304 . Appointment of federal veterinary inspectors. With the approval of either the federal veterinarian in charge in this state or the United States department of agriculture, the department of livestock may appoint federal veterinarians or federal lay inspectors stationed in this state, as deputies or agents for the department. All federal officers so appointed as deputies or agents of the department possess the powers and duties of regular deputies or agents of the department, but they shall act without compensation and hold office only at the pleasure of the department.
Mont. Code Ann. § 81-22-406 — MT Code / Title 81 / Chapter 22 / Part 4 / Section 81-22-406
81-22-406 Products to be kept at safe temperature
Status: in_force

81-22-406 . Products to be kept at safe temperature. All manufactured dairy products which are handled, displayed, transported, exposed for sale, offered for sale, or sold in Montana shall be considered perishable and potentially hazardous and shall be kept at safe temperature or below; provided, however, that:

(1) nothing in this requirement shall be construed as prohibiting higher temperatures which are necessary for curing, ripening, or aging of certain cheeses and cultured products; and

(2) this section does not apply to manufactured dairy products packaged in hermetically sealed containers or sterile manufactured dairy products which do not require refrigeration for their safekeeping.
Mont. Code Ann. § 81-4-309 — MT Code / Title 81 / Chapter 4 / Part 3 / Section 81-4-309
81-4-309 Unlawful introduction of livestock into herd district a misdemeanor -- penalty
Status: in_force

81-4-309 . Unlawful introduction of livestock into herd district a misdemeanor -- penalty. Any person not the owner or person in charge of any livestock who causes any livestock to enter any herd district established under the provisions of 81-4-301 through 81-4-309 is guilty of a misdemeanor and upon conviction thereof is subject to a fine of not less than $250 or more than $500 or confinement in the county jail not less than 60 days or both such fine and imprisonment and is liable for all damages and costs occurring from such trespass. For the purposes of this section, each separate animal so moved constitutes a separate offense.
Mont. Code Ann. § 81-5-111 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-111
81-5-111 Disposition of proceeds
Status: in_force

81-5-111 . Disposition of proceeds. (1) After deducting the expenses of retaining the vehicle, equipment, or personalty and the cost of the sale, the officer making the sale or the department, if it retains the vehicle, equipment, or personalty, shall pay all liens to the extent that the balance of sale proceeds permit, according to the lien priorities that are established by intervention or otherwise. A lien must be bona fide and have been created without the lienor having any notice or reasonable cause to believe that the vehicle, equipment, or personalty was being or was to be used for the theft or illegal transportation.

(2) The proceeds from the sale of vehicles, equipment, and personalty provided for in 81-5-110 must be deposited in the state general fund.
Mont. Code Ann. § 81-5-101 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-101
81-5-101 Moving livestock from customary range forbidden
Status: in_force

81-5-101 . Moving livestock from customary range forbidden. (1) A person who willfully moves or causes to be moved any cattle, horses, mules, swine, llamas, alpacas, domestic bison, or sheep from their owner's customary range without the permission of the owner shall upon conviction be punished by imprisonment in the county jail not exceeding 6 months or by a fine not exceeding $500, or both.

(2) A person who negligently moves or causes to be moved any cattle, horses, mules, swine, llamas, alpacas, domestic bison, or sheep from their owner's customary range without the permission of the owner shall upon conviction be punished by:

(a) a term of imprisonment in the county jail not to exceed 6 months;

(b) a fine not exceeding:

(i) $25 for a first offense;

(ii) $250 for a second offense; and

(iii) $500 for a third or subsequent offense; or

(c) both imprisonment and the appropriate fine.

(3) Prior to the imposition of the penalty provided for in subsection (1) or (2), the owner of the livestock shall file a complaint with the department. The department shall conduct an investigation to determine the circumstances under which the livestock were moved.
Mont. Code Ann. § 81-7-106 — MT Code / Title 81 / Chapter 7 / Part 1 / Section 81-7-106
81-7-106 Predatory animal state special revenue account
Status: in_force

81-7-106 . Predatory animal state special revenue account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the predatory animal special revenue account. The account is administered by the department.

(2) Money from per capita fees is transferred to the account pursuant to 15-24-925 for the purpose of protecting livestock in the state under the provisions of 81-7-101 through 81-7-104 . The department is not required to spend all money allocated to this account by the end of each fiscal year.

(3) The predatory animal special revenue account is statutorily appropriated, as provided in 17-7-502 , to the department for the purpose of protecting livestock as provided in subsection (2) of this section. (Subsection (3) terminates June 30, 2029--sec. 1, Ch. 20, L. 2023, sec. 2, Ch. 20, L. 2023.)
Mont. Code Ann. § 81-2-110 — MT Code / Title 81 / Chapter 2 / Part 1 / Section 81-2-110
81-2-110 Expense of cleaning and disinfecting carriers' facilities
Status: in_force

81-2-110 . Expense of cleaning and disinfecting carriers' facilities. The expense of cleaning and disinfecting cars, yards, or other transportation facilities of a common carrier, when required by the department, is a charge against the common carrier. Also, the expense of supervising the cleaning and disinfecting of cars for transportation of livestock, when required at a point other than disinfection points agreed on between the department and the carrier, is a charge against the common carrier.
Mont. Code Ann. § 81-4-105 — MT Code / Title 81 / Chapter 4 / Part 1 / Section 81-4-105
81-4-105 Fallen wire fencing declared nuisance -- abatement
Status: in_force

81-4-105 . Fallen wire fencing declared nuisance -- abatement. All barbed wire and other wire fencing which has sagged or fallen to the ground so as to be ineffectual for the purpose of turning stock and a menace to any person riding or walking over the same is declared to be a public nuisance and subject to abatement in the manner hereinafter provided.
Mont. Code Ann. § 81-5-103 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-103
81-5-103 Abandonment of sheep -- penalty
Status: in_force

81-5-103 . Abandonment of sheep -- penalty. A person who has, by virtue of employment as herder, driver, or otherwise, the charge or custody of sheep and who willfully abandons the sheep or allows them to stray from the person's charge or custody shall, upon conviction, be punished by a fine of not less than $100, by imprisonment of not less than 3 months or more than 1 year, or by both. However, if the person who has charge or custody of the sheep gave the owner of the sheep or the owner's authorized agent at least 5 days' notice of the intention to quit employment, the person may not be considered to have abandoned the sheep, within the meaning of this section, by leaving the sheep after the expiration of the period.
Mont. Code Ann. § 81-7-205 — MT Code / Title 81 / Chapter 7 / Part 2 / Section 81-7-205
81-7-205 County clerk to provide forms
Status: in_force

81-7-205 . County clerk to provide forms. The county clerk shall provide the necessary forms of affidavits and claims for carrying out the provisions of this part.
Mont. Code Ann. § 81-5-104 — MT Code / Title 81 / Chapter 5 / Part 1 / Section 81-5-104
81-5-104 Stolen livestock -- seizure and forfeiture of vehicle and certain other property used in theft or transportation
Status: in_force

81-5-104 . Stolen livestock -- seizure and forfeiture of vehicle and certain other property used in theft or transportation. (1) The use of a vehicle, money, equipment, or personalty for the theft or transportation of a stolen mule, horse, mare, colt, foal, filly, sheep, lamb, cow, calf, heifer, steer, bull, llama, alpaca, domestic bison, hogs, poultry, ostrich, rhea, emu, or the products of stolen livestock is unlawful. Any vehicle, money, equipment, or personalty used for the theft or unlawful transportation or upon probable cause believed to be devoted wholly or in part to the theft or unlawful transportation must be seized and held.

(2) Within 45 days after the seizure, a peace officer or officer of the agency that seizes the property shall file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurs. The clerk shall issue a summons at the request of the petitioning party, who shall serve the summons upon all owners or claimants of the property by one of the following methods:

(a) upon an owner or claimant whose address is known, by personal service of a copy of the petition and summons as provided in the Montana Rules of Civil Procedure;

(b) upon an owner or claimant whose address is unknown but who is believed to have an interest in the property, by publication of the summons in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no newspaper of general county circulation, by publication in one issue of a newspaper of general circulation in an adjoining county and by mailing a copy of the petition and summons to the most recent address of the owner or claimant, if any, shown in the records of the division of motor vehicles.

(3) A vehicle is not subject to forfeiture under this section if:

(a) it is a stolen vehicle at the time it is used for unlawful transportation; or

(b) the vehicle owner is not in collusion with the party or parties guilty of the theft.
Mont. Code Ann. § 81-9-226 — MT Code / Title 81 / Chapter 9 / Part 2 / Section 81-9-226
81-9-226 Chief meat inspector -- deputies -- qualifications
Status: in_force

81-9-226 . Chief meat inspector -- deputies -- qualifications. (1) There is a chief meat inspector, who must be appointed by the board and shall serve at its pleasure.

(2) The chief shall supervise the state meat inspection program established in 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 and shall enforce the provisions of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 to assure the public that only pure, wholesome, and unadulterated meat or meat food products are offered for sale.

(3) Upon recommendation of the chief, the board shall appoint veterinary meat inspectors and lay meat inspectors, who must be responsible to the chief and who shall conduct antemortem and postmortem inspections, enforce sanitary requirements, and perform other necessary meat inspection duties.

(4) An inspector assigned to an official establishment may not be related to the management of the establishment or have any financial interest therein.
Mont. Code Ann. § 81-4-512 — MT Code / Title 81 / Chapter 4 / Part 5 / Section 81-4-512
81-4-512 Disposition of proceeds -- abandoned horse fund -- use of fund
Status: in_force

81-4-512 . Disposition of proceeds -- abandoned horse fund -- use of fund. All money paid by reclaiming owners of any horse or horses must be paid to the county treasurer and kept in a fund to be designated as the "abandoned horse fund, roundup district No. .... (giving number of district in which the horse or horses were rounded up)". A separate fund must be kept by the county treasurer for each roundup district created in that county. All money received from the sale of horses must be paid to the county treasurer, and if the sum received from the sale of any horse does not exceed the taxes, the penalties, and the roundup fee, the whole amount must be immediately deposited in the abandoned horse fund for the district in which the horse or horses were rounded up. If the sum received from the sale of a horse exceeds the taxes, the penalties, and the roundup fee, the amount of the taxes, the penalties, and the roundup fee must be deposited in the abandoned horse fund for the district and the excess must be kept by the treasurer in a separate fund. The treasurer shall make a record of the description of the horse, the amount received for the horse, and the amount of deductions for the taxes, the penalties, and the roundup fee. The record must be open to public inspection. A person making claim to the board of county commissioners, at any time within 6 months from the date of sale, of ownership of the horse and submitting proof of ownership to the board with the claim, to the satisfaction of the board, is entitled to receive the excess received from the sale of the horse. Any money received from the sale of a horse in excess of the taxes, the penalties, and the roundup fee that is not claimed within 6 months after the sale, at the expiration of that period, becomes the property of the county and must be transferred to the abandoned horse fund for the district in which the horse was rounded up.
Mont. Code Ann. § 81-1-110 — MT Code / Title 81 / Chapter 1 / Part 1 / Section 81-1-110
81-1-110 Livestock loss reduction and mitigation accounts
Status: in_force

81-1-110 . Livestock loss reduction and mitigation accounts. (1) There are livestock loss reduction and mitigation special revenue accounts administered by the department within the state special revenue fund and the federal special revenue fund established in 17-2-102 .

(2) (a) All state proceeds allocated or budgeted for the purposes of 2-15-3110 through 2-15-3114 , 81-1-110 , and 81-1-111 , except those transferred to the account provided for in 81-1-112 or 81-1-113 or appropriated to the department of livestock, must be deposited in the state special revenue account provided for in subsection (1) of this section.

(b) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for the purposes of 2-15-3111 through 2-15-3113 must be deposited in the appropriate account provided for in subsection (1) of this section.

(c) All federal funds awarded to the state for compensation for wolf, mountain lion, black bear, or grizzly bear depredations on livestock must be deposited in the federal special revenue account provided for in subsection (1) for the purposes of 2-15-3112 .

(3) The livestock loss board may spend funds in the accounts only to carry out the provisions of 2-15-3111 through 2-15-3113 .
Mont. Code Ann. § 81-8-256 — MT Code / Title 81 / Chapter 8 / Part 2 / Section 81-8-256
81-8-256 Fee to operate livestock market
Status: in_force

81-8-256 . Fee to operate livestock market. A person operating a livestock market shall pay annually on May 1 to the department a fee established by the department. All fees shall be paid into the state treasury and credited to the state special revenue fund for the use of the department.