reglab/housing_qa huggingface dataset:
MT Code § 81-23-103 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 1. General Administration|81-23-103. General powers of department and board

  81-23-103. General powers of department and board. (1) Except for milk produced from a small dairy as defined in 81-21-101, the board shall supervise, regulate, and control the milk industry of this state, including the production, processing, storage, distribution, and sale of milk sold for consumption in this state. The board shall conduct hearings and make determinations under this chapter and under board rules and orders promulgated pursuant to this chapter. This chapter does not affect the status, force, or operation of any provision of public health laws, county board of health rules, or municipal ordinances for the promotion or protection of the public health.  (2) The department may cooperate with the department of public health and human services, a county or city board of health, or the department of agriculture in enforcing this chapter.   (3) The department shall assist the board by investigating all matters pertaining to the production, processing, storage, distribution, and sale of milk in this state and by bringing proceedings to enforce the orders of the board. The department, in exercising its enforcement duties, may subpoena milk dealers, their records, books, and accounts, and any other person from whom information may be desired or considered necessary to carry out the purposes and intent of this chapter. The department may take depositions of witnesses who are sick or absent from the state or who cannot otherwise appear in person before the department at its offices. The department shall give at least 10 days' notice to the proposed witness.   (4) The department shall provide staff to the board as provided in 2-15-121 to assist in technical, enforcement, and regulatory activities.   History: En. Sec. 5, Ch. 204, L. 1939; amd. Sec. 3, Ch. 192, L. 1959; amd. Sec. 4, Ch. 4, L. 1967; amd. Sec. 1, Ch. 267, L. 1975; amd. Sec. 90, Ch. 431, L. 1975; amd. Sec. 1, Ch. 19, L. 1977; R.C.M. 1947, 27-405; amd. Sec. 3, Ch. 333, L. 1995; amd. Sec. 359, Ch. 418, L. 1995; amd. Sec. 558, Ch. 546, L. 1995; amd. Sec. 3, Ch. 361, L. 2009; amd. Sec. 30, Ch. 320, L. 2021.
MT Code § 81-23-104 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 1. General Administration|81-23-104. Rules and orders

  81-23-104. Rules and orders. The board may adopt and enforce rules and orders necessary to carry out the provisions of this chapter and any orders adopted under it by the board. A rule or order must be posted for public inspection in the main office of the department for 30 days, and a copy must be filed in the office of the department. A copy must also be sent by registered or certified letter to the secretary of each area, except in the case of an order directed only to a person or persons named in it, which must be served by personal delivery of a copy or by mailing a copy to each person to whom the order is directed or, in the case of a corporation, to any officer or agent of the corporation upon whom a summons may be served in accordance with laws of this state. The posting, in the main office of the department, of a rule or order not required to be personally served as provided in this section and the filing in the office of the department is sufficient notice to all persons affected by the rule or order. A rule or order when properly posted and filed or served, as provided in this section, has the force of law.   History: En. Sec. 13, Ch. 204, L. 1939; amd. Sec. 97, Ch. 431, L. 1975; R.C.M. 1947, 27-413; amd. Sec. 4, Ch. 361, L. 2009.
MT Code § 81-23-105 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 1. General Administration|81-23-105. Testing of milk

  81-23-105. Testing of milk. (1) For the purpose of determining the value of milk supplied by producers during routine audits of milk processing plants that receive raw milk directly from producers, the department may establish a program of testing raw milk.   (2) The department may levy an assessment on licensed producers to secure the necessary funds to administer this program. This assessment is in addition to those provided in 81-23-202.   (3) All personnel employed in the sampling and testing program must be licensed by the animal health division of the department.   (4) The department may conduct all types of sampling, grading, and testing techniques that the department considers necessary to carry out the intent of this section.   History: En. 27-430 by Sec. 1, Ch. 245, L. 1977; R.C.M. 1947, 27-430; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 1, Ch. 316, L. 1985; amd. Sec. 4, Ch. 333, L. 1995.
MT Code § 81-23-106 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 1. General Administration|81-23-106. Application

  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.   History: En. Sec. 23, Ch. 204, L. 1939; amd. Sec. 106, Ch. 431, L. 1975; R.C.M. 1947, 27-423(2).
MT Code § 81-23-201 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 2. Licensing|81-23-201. Licenses to producers, producer-distributors, distributors, and jobbers

  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.   History: En. Sec. 8, Ch. 204, L. 1939; amd. Sec. 4, Ch. 107, L. 1971; amd. Sec. 93, Ch. 431, L. 1975; R.C.M. 1947, 27-408; amd. Sec. 2708, Ch. 56, L. 2009; amd. Sec. 5, Ch. 361, L. 2009.
MT Code § 81-23-203 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 2. Licensing|81-23-203. Application for licenses

  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.   History: En. Sec. 10, Ch. 204, L. 1939; amd. Sec. 7, Ch. 192, L. 1959; amd. Sec. 6, Ch. 107, L. 1971; amd. Sec. 95, Ch. 431, L. 1975; R.C.M. 1947, 27-410; amd. Sec. 6, Ch. 333, L. 1995; amd. Sec. 7, Ch. 361, L. 2009.
MT Code § 81-23-204 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 2. Licensing|81-23-204. Declining, suspending, and revoking licenses -- penalties in lieu of suspension or revocation

  81-23-204. Declining, suspending, and revoking licenses -- penalties in lieu of suspension or revocation. (1) The board may refuse to grant a license or may suspend or revoke a license already granted for due cause upon due notice and after hearing. The violation of any provisions of this chapter or of any lawful order or rule of the board, the failure or refusal to make required statements or reports, or failure to pay license or assessment fees are causes for which the board may suspend or revoke a license.   (2) In place of suspension or revocation of a license, the board may assess a civil penalty not to exceed $500 per day for each daily failure to comply with or each daily violation of the provisions of this chapter or of any lawful order or rule of the board. A penalty may not be assessed until after the cause of the penalty has been upheld following the notice and hearing requirements of subsection (1). If the person against whom a civil penalty is assessed fails to pay the civil penalty immediately, the board shall collect the civil penalty by a civil proceeding in the district court of the first judicial district. This penalty must be construed as civil and not criminal in nature. Any money received by the board as a result of collection of civil penalties must be paid into the state special revenue fund as provided by 81-23-403.   History: En. Sec. 11, Ch. 204, L. 1939; amd. Sec. 7, Ch. 107, L. 1971; amd. Sec. 96, Ch. 431, L. 1975; R.C.M. 1947, 27-411; amd. Sec. 3, Ch. 23, L. 1983; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 8, Ch. 361, L. 2009.
MT Code § 81-23-205 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 2. Licensing|81-23-205. Repealed

  81-23-205. Repealed. Sec. 7, Ch. 23, L. 1983.   History: En. Sec. 10, Ch. 192, L. 1959; amd. Sec. 7, Ch. 4, L. 1967; amd. Sec. 108, Ch. 431, L. 1975; R.C.M. 1947, 27-426.
MT Code § 81-23-301 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 3. Regulation of Milk Prices|81-23-301. Repealed

  81-23-301. Repealed. Sec. 7, Ch. 23, L. 1983.   History: En. Sec. 6, Ch. 204, L. 1939; amd. Sec. 4, Ch. 192, L. 1959; amd. Sec. 2, Ch. 107, L. 1971; amd. Sec. 91, Ch. 431, L. 1975; R.C.M. 1947, 27-406.
MT Code § 81-23-303 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 3. Regulation of Milk Prices|81-23-303. Rules of fair trade practices

  81-23-303. Rules of fair trade practices. (1) The board may adopt reasonable rules governing fair trade practices as they pertain to the transaction of business among licensees under this chapter and among licensees and the general public. Except for provisions regarding the requirement for first call on Montana milk supplies, as provided in 81-23-302(10), rules adopted pursuant to 81-23-302(11), and as provided in subsection (2), fair trade practice rules must contain but are not limited to provisions prohibiting the following methods of doing business that are unfair, unlawful, and not in the public interest:  (a) the payment, allowance, or acceptance of secret rebates, secret refunds, or unearned discounts by a person, whether in the form of money or otherwise;   (b) the giving of milk, cream, dairy products, services, or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of a customer;   (c) the extension to certain customers of special prices or services not available to all customers who purchase milk of like quantity under like terms and conditions; and   (d) the payment of a price lower than the applicable producer price, established by the board, by a distributor to a producer for milk that is distributed to any person, including agencies of the federal, state, or local government.   (2) A payment subject to a milk price forward contract that is less than the minimum producer price is not a violation of this section.   History: En. Sec. 14, Ch. 204, L. 1939; amd. Sec. 8, Ch. 192, L. 1959; amd. Sec. 98, Ch. 431, L. 1975; R.C.M. 1947, 27-414; amd. Sec. 5, Ch. 23, L. 1983; amd. Sec. 5, Ch. 242, L. 1995; amd. Sec. 75, Ch. 7, L. 2001; amd. Sec. 10, Ch. 361, L. 2009; amd. Sec. 2, Ch. 189, L. 2021.
MT Code § 81-23-304 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 3. Regulation of Milk Prices|81-23-304. Repealed

  81-23-304. Repealed. Sec. 17, Ch. 361, L. 2009.   History: En. Sec. 8, Ch. 107, L. 1971; amd. Sec. 99, Ch. 431, L. 1975; R.C.M. 1947, 27-414.1; amd. Sec. 6, Ch. 23, L. 1983.
MT Code § 81-23-305 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 3. Regulation of Milk Prices|81-23-305. Repealed

  81-23-305. Repealed. Sec. 17, Ch. 361, L. 2009.   History: En. Sec. 9, Ch. 107, L. 1971; amd. Sec. 100, Ch. 431, L. 1975; R.C.M. 1947, 27-414.2.
MT Code § 81-23-401 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 4. Enforcement|81-23-401. Entry, inspection, and investigation

  81-23-401. Entry, inspection, and investigation. Except for the premises of a small dairy as defined in 81-21-101, the department may enter, at all reasonable hours, all places where milk is produced, processed, bottled, handled, or stored or where the books, papers, records, or documents relative to those transactions are kept, and may inspect and copy them in any place in this state. The department may administer oaths and take testimony for the purpose of ascertaining facts which, in the judgment of the department, are necessary to administer this chapter.  History: En. Sec. 15, Ch. 204, L. 1939; amd. Sec. 6, Ch. 4, L. 1967; amd. Sec. 101, Ch. 431, L. 1975; R.C.M. 1947, 27-415; amd. Sec. 11, Ch. 361, L. 2009; amd. Sec. 31, Ch. 320, L. 2021.
MT Code § 81-23-402 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 4. Enforcement|81-23-402. Reports of dealers -- accounting system -- records

  81-23-402. Reports of dealers -- accounting system -- records. (1) (a) The department may require licensees to file reports with it at reasonable or regular times that the board may require, showing the licensee's production, sale, or distribution of milk and any information considered necessary by the board that pertains to the production, sale, or distribution of milk, either under oath or otherwise, as the board may direct. Failure or refusal to file a report when directed to do so is grounds for the revocation of the license and is a violation for which the licensee may be fined as provided by this chapter, one or both, at the discretion of the board.   (b) The department and the board may request only the records necessary for establishing milk prices pursuant to this chapter. The department shall provide licensees with information concerning procedures a licensee may use to assert a claim of confidentiality with respect to constitutionally protected information that must be submitted to the department, such as trade secret or proprietary information.   (2) The board shall adopt a uniform system of accounting to be used by the distributor to account for the usage of all milk received by the distributor.   (3) A distributor and producer-distributor shall keep:   (a) a record of all milk, cream, or dairy products received, detailed as to location, names and addresses of suppliers, prices paid, deductions or charges made, and the use to which the milk or cream was put;   (b) a record of the quantity of each kind of milk or dairy product manufactured and the quantity and price of milk or dairy products sold;   (c) a complete record of all milk, cream, or dairy products sold, classified as to kind and grade, showing where sold, and the amount received in payment;   (d) a record of the wastage or loss of milk or dairy products;   (e) a record of the items of handling expense;   (f) a record of all refrigeration facilities sold for storage purposes to any person, showing types, sizes, and location of the facilities and the original or duplicate original of all agreements covering sales for them;   (g) other records that the board considers necessary for the proper enforcement of this chapter.   History: En. Sec. 16, Ch. 204, L. 1939; amd. Sec. 9, Ch. 192, L. 1959; amd. Sec. 102, Ch. 431, L. 1975; R.C.M. 1947, 27-416; amd. Sec. 12, Ch. 361, L. 2009.
MT Code § 81-23-403 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 4. Enforcement|81-23-403. Disposition of fines

  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.   History: En. Sec. 17, Ch. 204, L. 1939; amd. Sec. 158, Ch. 147, L. 1963; amd. Sec. 103, Ch. 431, L. 1975; R.C.M. 1947, 27-417; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 58, Ch. 557, L. 1987; amd. Sec. 2710, Ch. 56, L. 2009.
MT Code § 81-23-404 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 4. Enforcement|81-23-404. Cooperation with other governmental agencies

  81-23-404. Cooperation with other governmental agencies. In order to secure a uniform system of milk control, the board shall confer and cooperate with the proper authorities of other states and of the United States, including the secretary of agriculture of the United States, and for those purposes, the board may conduct joint hearings, issue joint or concurrent orders, and exercise all its powers under this chapter.   History: En. Sec. 21, Ch. 204, L. 1939; amd. Sec. 104, Ch. 431, L. 1975; R.C.M. 1947, 27-421; amd. Sec. 13, Ch. 361, L. 2009.
MT Code § 81-23-405 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 4. Enforcement|81-23-405. Violations made misdemeanors -- penalties

  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.   History: En. Sec. 22, Ch. 204, L. 1939; amd. Sec. 105, Ch. 431, L. 1975; R.C.M. 1947, 27-422; amd. Sec. 14, Ch. 361, L. 2009; amd. Sec. 32, Ch. 320, L. 2021.
MT Code § 81-23-406 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 4. Enforcement|81-23-406. Additional remedies

  81-23-406. Additional remedies. The board may begin any proceeding at law or in equity as may appear necessary to enforce compliance with this chapter or to enforce compliance with an order or rule of the board or department adopted under this chapter or to obtain a judicial interpretation of any of them. In addition to any other remedy, the board may apply to the district court of the district where the action arises for relief by injunction, mandamus, or any other appropriate remedy in equity without being compelled to allege or prove that an adequate remedy at law does not otherwise exist. The board may not be required to post bond in an action to which it is a party whether upon appeal or otherwise. All legal actions may be brought by or against the board or department in the name of the department, and it is not necessary in an action to which the department is a party that the action be brought by or against this state on relation of the department. The board may sue by its own attorney, and it may also call upon a county attorney to represent it in the district court of the county attorney's county or the attorney general to represent it on appeal to the supreme court, or it may associate its own attorney with either in court.   History: En. Sec. 24, Ch. 204, L. 1939; amd. Sec. 107, Ch. 431, L. 1975; R.C.M. 1947, 27-424; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 8, Ch. 333, L. 1995; amd. Sec. 15, Ch. 361, L. 2009.
MT Code § 81-23-407 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 23. Milk Price Control|Part 4. Enforcement|81-23-407. Appeal of action or decision

  81-23-407. Appeal of action or decision. An entity receiving notice of a violation of a provision of this chapter may within 60 days of receiving the notice from the department or board submit a request to the board for a contested case proceeding pursuant to Title 2, chapter 4, part 6. Upon receiving a request, the board shall appoint a hearings examiner to conduct the hearing and issue a proposal for decision. The board shall issue a final decision within 90 days of receiving the proposal for decision.   History: En. Sec. 16, Ch. 361, L. 2009.
MT Code § 81-29-101 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 29. Resource and Property Protection|Part 1. Feral Swine|81-29-101. Definitions

  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.   History: En. Sec. 1, Ch. 429, L. 2015.
MT Code § 81-29-102 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 29. Resource and Property Protection|Part 1. Feral Swine|81-29-102. Control of feral swine

  81-29-102. Control of feral swine. A person, a state agency, or a federal agency authorized by the state or the federal government is allowed to control or eradicate feral swine.   History: En. Sec. 2, Ch. 429, L. 2015.
MT Code § 81-29-103 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 29. Resource and Property Protection|Part 1. Feral Swine|81-29-103. Presence of feral swine -- notification -- immediate threat

  81-29-103. Presence of feral swine -- notification -- immediate threat. (1) Except as provided in subsection (2), a person who believes feral swine are present on private or public property shall notify the board and, if authorized, assist in the control or eradication of the feral swine.   (2) A person or the person's agent who encounters feral swine on property owned or leased by that person may immediately eradicate the feral swine if the feral swine:   (a) poses an immediate threat of harm to a person or property; or   (b) will expand its range without immediate eradication.   (3) A person who eradicates a feral swine pursuant to subsection (2) shall notify the board as soon as practicable, but no later than the limit established by board rule. The person shall follow instructions provided by the board, including but not limited to the handling, preservation for testing, or disposal of the carcass.   History: En. Sec. 5, Ch. 429, L. 2015.
MT Code § 81-29-104 (2021)
2021 Montana Code Annotated|Title 81. Livestock|Chapter 29. Resource and Property Protection|Part 1. Feral Swine|81-29-104. Prohibitions

  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.   History: En. Sec. 4, Ch. 429, L. 2015.