reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-261. Inspection of public markets

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.
History: En. Sec. 20, Ch. 566, L. 1979; amd. Sec. 2679, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-262. Sale of animals of unknown ownership

81-8-262. Sale of animals of unknown ownership.
(1) If there is any question respecting the ownership of livestock sold, the livestock inspector may take possession of the livestock. The livestock inspector shall notify the person in charge of the market and conducting the sales and the person who has purchased the livestock at the sale within a reasonable time.
(2) Whenever livestock is sold, the ownership of which is not known or cannot be determined by the livestock inspector, it may be sold as strays and the net proceeds derived from the sale shall be handled as provided in 81-8-263.
History: En. Sec. 22, Ch. 566, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-263. Duties when ownership in doubt

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.
History: En. Sec. 23, Ch. 566, L. 1979; amd. Sec. 2680, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-264. Livestock video auction -- license to transact business -- license fee -- contract -- renewal

81-8-264. Livestock video auction -- license to transact business -- license fee -- contract -- renewal.
(1) A livestock video auction may transact business in this state only through a licensed livestock dealer or through a livestock market that is domiciled in the state. The livestock video auction is subject to the same regulation as the domiciled livestock market.
(2) A livestock dealer or a livestock market that proposes to transact business with a livestock video auction pursuant to subsection (1) shall file an application for a license with the department on a form prescribed by the department with the following information:
(a) the nature of the business for which a license is requested;
(b) the name and address of the livestock dealer or the livestock market;
(c) the name and address of the livestock video auction; and
(d) any additional information that the department may require.
(3) The application must be accompanied by:
(a) a fee established by the department commensurate with the costs of administering 81-8-265 and this section;
(b) evidence that the department may require indicating that the livestock video auction is financially responsible and bonded to transact business and has established a custodial account for shippers' proceeds; and
(c) a copy of the contract between the licensed livestock dealer or the livestock market and the livestock video auction. The contract must provide:
(i) for reasonable access by the department to all records and documents relating to the activities of the livestock video auction; and
(ii) that the livestock dealer or the livestock market and the livestock video auction are jointly and severally liable, with the right of contribution, for all business transacted within the state.
(4) If the contract described in subsection (3)(c) is terminated, rescinded, breached, or materially altered, the livestock dealer or the livestock market shall immediately notify the department. Failure to notify the department is considered to be:
(a) a failure to keep and maintain suitable records with the department; and
(b) a false entry or statement of fact in an application filed with the department.
(5) On or before May 1 of each year, a livestock dealer or a livestock market shall renew the license by fulfilling the requirements of subsections (1) through (4).
(6) The license fee must be remitted to the state treasurer to the credit of the department.
History: En. Sec. 2, Ch. 160, L. 1995; amd. Sec. 4, Ch. 37, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-265. Refusal to issue or renew license -- suspension or revocation

81-8-265. Refusal to issue or renew license -- suspension or revocation.
(1) The department may refuse to issue or renew a license in accordance with the provisions of 81-8-273.
(2) The department may suspend or revoke a license in accordance with the provisions of 81-8-274.
(3) If the contract between the livestock dealer or the livestock market and the livestock video auction is terminated, rescinded, breached, or otherwise materially altered by either party, the department may refuse to renew the license or may suspend or revoke the license.
History: En. Sec. 3, Ch. 160, L. 1995; amd. Sec. 5, Ch. 37, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-271. License to operate as livestock dealer -- application

81-8-271. License to operate as livestock dealer -- application.
(1) A person may not operate as a livestock dealer without a license. A person who wishes to operate as a livestock dealer shall file with the department an application for a license to transact business on a form prescribed by the department, stating the type of license sought and the following information:
(a) the names of the persons applying for the license, together with their permanent addresses and, if the applicant is a firm, association, partnership, or corporation, the names of its directors, officers, and members, if applicable;
(b) the post-office address and principal place of business of the applicant;
(c) if the applicant is a foreign corporation, its principal place of business outside the state, the name of the state in which it is incorporated, and a statement showing that it has complied with the laws of this state relating to foreign corporations and its right to do business in this state; and
(d) proof of acquisition of a bond or its equivalent from the packers and stockyards administration of the United States department of agriculture.
(2) An application fee of $50 must be submitted with each application for a livestock dealer's license. The fee is the first annual fee if the license is granted.
(3) A person who purports to act as an agent for a livestock dealer in the purchase or sale of livestock may not engage in those business activities without a livestock dealer's license.
History: En. Sec. 25, Ch. 566, L. 1979; amd. Sec. 9, Ch. 52, L. 1985; amd. Sec. 2, Ch. 401, L. 1989; amd. Sec. 3, Ch. 11, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-272. Issuance of livestock dealer's license

81-8-272. Issuance of livestock dealer's license.
When an applicant has paid the fee and met the requirements of 81-8-271, the department shall issue to the applicant a license which entitles the licensee to operate as a livestock dealer for a period of 1 year unless the license is suspended or revoked under this part.
History: En. Sec. 25, Ch. 566, L. 1979; amd. Sec. 10, Ch. 52, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-273. Refusal to issue or renew license

81-8-273. Refusal to issue or renew license.
(1) The department shall refuse to issue or renew a license if the applicant:
(a) has failed to maintain a financial condition of total assets in excess of total liabilities, including total current assets in excess of total current liabilities;
(b) is in violation of any of the provisions of this part;
(c) has knowingly made false or misleading statements as to the health or physical condition of livestock or practiced fraud or misrepresentation in connection with the buying or receiving of livestock or the selling, exchanging, soliciting, or negotiating of the sale of livestock or the weighing of the same;
(d) has failed to keep records of all purchases and sales or refused to grant inspection of such records by authorized agents of the department;
(e) is in violation of the rules adopted by the department;
(f) has failed to comply with a lawful order of the department;
(g) has been found by the department to have failed to pay, without reasonable cause, obligations incurred in connection with livestock transactions;
(h) has been suspended by the order of the secretary of agriculture of the United States department of agriculture under provisions of the Packers and Stockyards Act, 1921, as amended, 7 U.S.C. 181, et seq.; or
(i) employs a person required to be licensed whose license cannot be renewed or whose license is under suspension or revocation by the department or the United States department of agriculture.
(2) An applicant refused a license or license renewal may not apply again for 1 year following refusal unless the department determines that the applicant has met the requirements of this part.
History: En. Sec. 26, Ch. 566, L. 1979; amd. Sec. 11, Ch. 52, L. 1985; amd. Sec. 3, Ch. 401, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-274. Suspension or revocation of license

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.
History: En. Sec. 29, Ch. 566, L. 1979; amd. Sec. 12, Ch. 52, L. 1985; amd. Sec. 2681, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-275. Termination of license

81-8-275. Termination of license.
A license issued under this part terminates at the close of business on May 1 of each year following the issuance of the license unless the annual fee has been paid.
History: En. Sec. 30, Ch. 566, L. 1979; amd. Sec. 4, Ch. 401, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-276. Annual fee and financial statement

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.
History: En. Sec. 25, Ch. 566, L. 1979; amd. Sec. 16, Ch. 444, L. 1983; amd. Sec. 13, Ch. 52, L. 1985; amd. Sec. 5, Ch. 401, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-277. Repealed

81-8-277. Repealed.
Sec. 7, Ch. 401, L. 1989.
History: En. Sec. 27, Ch. 566, L. 1979; amd. Sec. 14, Ch. 52, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-278. Records

81-8-278. Records.
A livestock dealer shall maintain records that disclose all purchases and sales of livestock. A livestock dealer shall, at all reasonable times, give the department access to and let the department copy any of the records relating to the dealer's business.
History: En. Sec. 28, Ch. 566, L. 1979; amd. Sec. 15, Ch. 52, L. 1985; amd. Sec. 2682, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-279. Penalties

81-8-279. Penalties.
(1) A person who violates any provision of 81-8-271 through 81-8-273, 81-8-276, or 81-8-278 or rules adopted by the department to implement those sections is guilty of a misdemeanor and upon conviction shall be fined not less than $250 or more than $1,000 or imprisoned for not more than 6 months, or both.
(2) Of all fines assessed and collected under this section, except those assessed and collected in a justice's court, 50% shall be paid into the state treasury and credited to the special revenue fund for the use of the department and 50% shall be paid into the general revenue fund of the county in which the conviction occurred.
History: En. Sec. 31, Ch. 566, L. 1979; amd. Sec. 16, Ch. 52, L. 1985; amd. Sec. 57, Ch. 557, L. 1987; amd. Sec. 6, Ch. 401, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-301. Notices of security agreements -- renewals -- assignments

81-8-301. Notices of security agreements -- renewals -- assignments.
(1) The department of livestock shall accept and file notices of security agreements, renewals, assignments, and satisfactions covering livestock owned by a person, firm, corporation, or association and bearing its recorded brand and shall list the notices on the official records of marks and brands kept by it. The department shall transfer a copy of the notices and their accompanying brands to the central livestock markets. All forms on which the notices are given shall be prescribed by the department and furnished by the secured party who gives the notice. A livestock market to which livestock is shipped may not be held liable to any secured party for the proceeds of livestock sold through the livestock market by the debtor unless notice of the security agreement is filed and a copy is transferred as hereinbefore provided. The department of livestock may not be held liable to any secured party for the proceeds of livestock sold through a livestock market by the debtor.
(2) Notices of security agreements must be renewed every 5 years commencing on January 1, 1983, by notifying the department in a manner prescribed by it and by paying the fee set pursuant to 81-8-304 not more than 30 days before or 90 days after January 1.
(3) Assignments of security interests must be renewed every 5 years commencing on January 1, 1983, by notifying the department and paying the fee set pursuant to 81-8-304 not more than 30 days before or 90 days after January 1.
(4) Failure to comply with the provisions of subsection (2) or (3) will result in the termination of the notice on the 91st day following the applicable January 1 without notification by the department.
(5) Satisfactions of security agreements must be filed immediately with the department of livestock.
History: En. Sec. 1, Ch. 91, L. 1935; re-en. Sec. 3308.1, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1949; amd. Sec. 11-138, Ch. 264, L. 1963; amd. Sec. 191, Ch. 310, L. 1974; R.C.M. 1947, 52-319; amd. Sec. 1, Ch. 449, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-302. Contents of notices

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.
History: En. Sec. 2, Ch. 91, L. 1935; re-en. Sec. 3308.2, R.C.M. 1935; amd. Sec. 11-139, Ch. 264, L. 1963; amd. Sec. 192, Ch. 310, L. 1974; R.C.M. 1947, 52-320; amd. Sec. 4, Ch. 11, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-303. Duty of secured parties to file satisfactions of security agreements

81-8-303. Duty of secured parties to file satisfactions of security agreements.
The secured parties, who filed notices of security agreements, renewals, and assignments with the department of livestock, as provided for in this part, shall file notices of satisfaction of the security agreements with the department immediately upon the satisfaction of the security agreement.
History: En. Sec. 3, Ch. 91, L. 1935; re-en. Sec. 3308.3, R.C.M. 1935; amd. Sec. 11-140, Ch. 264, L. 1963; amd. Sec. 193, Ch. 310, L. 1974; R.C.M. 1947, 52-321.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-304. Fees

81-8-304. Fees.
The department shall charge a fee for filing and listing the notices of security agreements for each recorded brand listed in each security agreement and for filing and listing each notice of satisfaction, renewal, or assignment of the security agreement for each recorded brand listed. The fees shall be set by rules adopted pursuant to the Montana Administrative Procedure Act, upon the basis of actual cost to the department for each brand listed. All fees shall be paid into the state special revenue fund for the use of the department.
History: En. Sec. 4, Ch. 91, L. 1935; re-en. Sec. 3308.4, R.C.M. 1935; amd. Sec. 1, Ch. 135, L. 1953; amd. Sec. 96, Ch. 147, L. 1963; amd. Sec. 11-141, Ch. 264, L. 1963; amd. Sec. 1, Ch. 12, L. 1969; amd. Sec. 194, Ch. 310, L. 1974; amd. Sec. 1, Ch. 11, L. 1977; R.C.M. 1947, 52-322; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 17, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-305. Department of livestock not responsible for collection or payment of money under security agreements

81-8-305. Department of livestock not responsible for collection or payment of money under security agreements.
The department of livestock, its agents and employees, are not responsible or liable to either debtor or secured party for the collection or payment of any money due the holder of any security agreement covering livestock or renewals, satisfactions, or assignments thereof as provided in this part, if this part is carried out in good faith.
History: En. Sec. 5, Ch. 91, L. 1935; re-en. Sec. 3308.5, R.C.M. 1935; amd. Sec. 11-142, Ch. 264, L. 1963; amd. Sec. 195, Ch. 310, L. 1974; R.C.M. 1947, 52-323.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-311. Range stock -- taking possession under process

81-8-311. Range stock -- taking possession under process.
Whenever it is necessary for an officer or person charged with the service of process out of any of the courts of this state to take possession of any cattle or horses running at large and commonly known as range stock, between November 1 and the next succeeding May 15, it is a sufficient service of such process for the officer or person within 15 days after receiving the process for service to file a copy thereof with the county clerk of the county wherein such property is running at large, with a notice appended thereto stating the number as near as may be and a description of the stock by marks and brands, and stating that such property or a portion thereof, as the case may be, is attached or levied upon in pursuance of such process. Such officer or person shall make due return of the service of process.
History: En. Sec. 1, p. 111, L. 1885; re-en. Sec. 223, 1st Div. Comp. Stat. 1887; re-en. Sec. 940, C. Civ. Proc. 1895; re-en. Sec. 6693, Rev. C. 1907; re-en. Sec. 9296, R.C.M. 1921; re-en. Sec. 9296, R.C.M. 1935; R.C.M. 1947, 93-4343; amd. Sec. 9, Ch. 14, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-312. Possession under a mortgage -- how acquired

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.
History: En. Sec. 2, p. 111, L. 1885; re-en. Sec. 224, 1st Div. Comp. Stat. 1887; re-en. Sec. 941, C. Civ. Proc. 1895; re-en. Sec. 6694, Rev. C. 1907; re-en. Sec. 9297, R.C.M. 1921; re-en. Sec. 9297, R.C.M. 1935; amd. Sec. 11-163, Ch. 264, L. 1963; R.C.M. 1947, 93-4344; amd. Sec. 2683, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-313. Limitation of period of possession

81-8-313. Limitation of period of possession.
When the copy of the process or instrument, with the proper notice appended thereto, is filed as hereinbefore provided, it has the same effect as if actual possession of said cattle and horses had been taken by the officer or person charged with the execution of such process, or the party required under said instrument to take the same, and shall continue to have such effect until actual possession of such property has been taken or had by the officer, person, or party aforesaid; provided, that such actual possession be had or taken prior to August 1 next succeeding.
History: En. Sec. 3, p. 112, L. 1885; re-en. Sec. 225, 1st Div. Comp. Stat. 1887; re-en. Sec. 942, C. Civ. Proc. 1895; re-en. Sec. 6695, Rev. C. 1907; re-en. Sec. 9298, R.C.M. 1921; re-en. Sec. 9298, R.C.M. 1935; R.C.M. 1947, 93-4345.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-314. Duty of county clerk and recorder of marks and brands to record papers

81-8-314. Duty of county clerk and recorder of marks and brands to record papers.
It is the duty of the county clerk and of the general recorder of marks and brands to file all papers deposited with them for that purpose, and required to be filed under the provisions of 81-8-311 through 81-8-313, and preserve the same as other records of their offices are preserved, and furnish to persons making inquiry about such files all necessary information concerning the same.
History: En. Sec. 4, p. 112, L. 1885; re-en. Sec. 226, 1st Div. Comp. Stat. 1887; re-en. Sec. 943, C. Civ. Proc. 1895; re-en. Sec. 6696, Rev. C. 1907; re-en. Sec. 9299, R.C.M. 1921; re-en. Sec. 9299, R.C.M. 1935; amd. Sec. 11-164, Ch. 264, L. 1963; R.C.M. 1947, 93-4346.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 3. Security Interests Concerning Livestock › 81-8-315. Sale of property under supplementary writ

81-8-315. Sale of property under supplementary writ.
When an officer into whose hands a writ of execution is placed has served the writ in accordance with 81-8-311 and made a return in accordance with the facts, at any time after service and return, within the time limited as provided in 81-8-313 to hold the property taken or levied upon under the writ, another writ of execution may be issued, which must be supplementary to the first writ, and in pursuance of which the officer or person charged with the service of the substitute writ may sell the property held by the first writ as provided in this part.
History: En. Sec. 5, p. 113, L. 1885; re-en. Sec. 227, 1st Div. Comp. Stat. 1887; re-en. Sec. 944, C. Civ. Proc. 1895; re-en. Sec. 6697, Rev. C. 1907; re-en. Sec. 9300, R.C.M. 1921; re-en. Sec. 9300, R.C.M. 1935; R.C.M. 1947, 93-4347; amd. Sec. 2684, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 4. Sale of Baby Animals › 81-8-401. Certain dealings in baby animals unlawful

81-8-401. Certain dealings in baby animals unlawful.
(1) Except as provided in subsection (2), it is unlawful for any person, firm, or corporation to:
(a) sell, offer for sale, barter, or give away for commercial purposes baby chickens, ducklings, or other fowl, under 3 weeks of age, or rabbits under 2 months of age, as pets, toys, premiums, or novelties;
(b) color, dye, stain, or otherwise change the natural color of baby chickens, ducklings, or other fowl or rabbits; or
(c) bring or transport the same into the state.
(2) This section shall not be construed to prohibit the sale, dyeing, staining, or otherwise changing of the natural color, or display of such baby chickens, ducklings, or other fowl or such rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of breeding and raising.
History: En. 3-2110 by Sec. 1, Ch. 233, L. 1974; R.C.M. 1947, 3-2110; amd. Sec. 1, Ch. 143, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 4. Sale of Baby Animals › 81-8-402. Penalties

81-8-402. Penalties.
Violation of 81-8-401 is a misdemeanor and any person, firm, or corporation, other than one excepted in 81-8-401(2), violating any of the provisions thereof is, upon conviction, subject to a fine not exceeding the sum of $100 or imprisonment for a period not exceeding 30 days, or both.
History: En. 3-2111 by Sec. 2, Ch. 233, L. 1974; R.C.M. 1947, 3-2111; amd. Sec. 2, Ch. 143, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 5. Sale of Registered Livestock › 81-8-501. Sale of animals under false registration certificates -- changing markings -- auctioneer

81-8-501. Sale of animals under false registration certificates -- changing markings -- auctioneer.
(1) No person, company, or corporation shall:
(a) sell to another person or persons any animal with a certificate of registration or breeding that does not belong to said animal;
(b) change in any way the certificate of registration or breeding of any animal;
(c) falsely represent any production record of any cow or of any dam specified in any registration certificate;
(d) change the markings of any animal with the intent to deceive the purchaser.
(2) This section shall not apply to any auctioneer or agent acting in good faith under the direction of the owner.
History: En. Sec. 5, Ch. 6, L. 1913; re-en. Sec. 3355, R.C.M. 1921; amd. Sec. 1, Ch. 68, L. 1933; re-en. Sec. 3355, R.C.M. 1935; R.C.M. 1947, 46-1205.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 5. Sale of Registered Livestock › 81-8-502. Penalty

81-8-502. Penalty.
Any person, persons, company, or corporation violating 81-8-501 shall be punished by a fine of not less than $25 or more than $500 or by imprisonment of not less than 10 days or more than 6 months or by both fine and imprisonment.
History: En. Sec. 6, Ch. 6, L. 1913; re-en. Sec. 3356, R.C.M. 1921; re-en. Sec. 3356, R.C.M. 1935; R.C.M. 1947, 46-1206.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 5. Sale of Registered Livestock › 81-8-503. Expenditures for purebred livestock shows and sales

81-8-503. Expenditures for purebred livestock shows and sales.
A board of county commissioners may expend annually from the general fund of the county an amount for the purpose of conducting special purebred livestock shows and special purebred livestock sales within the county.
History: En. Sec. 1, Ch. 60, L. 1945; R.C.M. 1947, 46-2201; amd. Sec. 238, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 5. Sale of Registered Livestock › 81-8-504. Tax levy authorized

81-8-504. Tax levy authorized.
For the purpose of defraying the costs of purebred livestock shows and purebred livestock sales, the county commissioners may, subject to 15-10-420, levy a tax on the taxable value of all taxable property in the county. The taxes must be paid into the general fund of the county.
History: En. Sec. 2, Ch. 60, L. 1945; R.C.M. 1947, 46-2202; amd. Sec. 150, Ch. 584, L. 1999; amd. Sec. 239, Ch. 574, L. 2001; amd. Sec. 20, Ch. 453, L. 2005.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-601. Repealed

81-8-601. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3101 by Sec. 1, Ch. 484, L. 1975; R.C.M. 1947, 46-3101.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-602. Repealed

81-8-602. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3102 by Sec. 2, Ch. 484, L. 1975; R.C.M. 1947, 46-3102.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-603. Repealed

81-8-603. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3103 by Sec. 4, Ch. 484, L. 1975; R.C.M. 1947, 46-3103; amd. Sec. 18, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-604. Repealed

81-8-604. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3104 by Sec. 5, Ch. 484, L. 1975; R.C.M. 1947, 46-3104.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-605. Repealed

81-8-605. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3105 by Sec. 6, Ch. 484, L. 1975; R.C.M. 1947, 46-3105; amd. Sec. 1, Ch. 291, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-606. Repealed

81-8-606. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3106 by Sec. 7, Ch. 484, L. 1975; R.C.M. 1947, 46-3106.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-607. Repealed

81-8-607. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3107 by Sec. 8, Ch. 484, L. 1975; R.C.M. 1947, 46-3107; amd. Sec. 2, Ch. 291, L. 1981; amd. Sec. 1, Ch. 180, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-608. Repealed

81-8-608. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3108 by Sec. 9, Ch. 484, L. 1975; R.C.M. 1947, 46-3108.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-609. Repealed

81-8-609. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3109 by Sec. 10, Ch. 484, L. 1975; R.C.M. 1947, 46-3109; amd. Sec. 10, Ch. 14, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-610. Repealed

81-8-610. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3110 by Sec. 11, Ch. 484, L. 1975; R.C.M. 1947, 46-3110; amd. Sec. 3, Ch. 291, L. 1981; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 2, Ch. 180, L. 1985; amd. Sec. 13, Ch. 700, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-611. Repealed

81-8-611. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3111 by Sec. 12, Ch. 484, L. 1975; R.C.M. 1947, 46-3111.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-612. Repealed

81-8-612. Repealed.
Sec. 1, Ch. 21, L. 1995.
History: En. 46-3112 by Sec. 13, Ch. 484, L. 1975; R.C.M. 1947, 46-3112.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 6. Pork Research and Marketing (Repealed) › 81-8-613. Repealed

81-8-613. Repealed.
Sec. 4, Ch. 291, L. 1981.
History: En. 46-3113 by Sec. 14, Ch. 484, L. 1975; R.C.M. 1947, 46-3113.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 7. Quality Label › 81-8-701. Definitions

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.
History: En. Sec. 5, Ch. 290, L. 1947; amd. Sec. 43, Ch. 310, L. 1974; R.C.M. 1947, 3-2505.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 7. Quality Label › 81-8-702. Montana quality label

81-8-702. Montana quality label.
The department of livestock may make use of an outline map of the state of Montana and the word "Montana", printed, lithographed, inscribed, engraved, or otherwise impressed on the labels, tags, seals, or containers of agricultural or food products by a person who has taken advantage of the continuous official inspection service offered by the department of livestock as an indication that the product has been inspected by the officers, agents, or licensed inspectors of the department and that the products are of the quality and description as indicated on the label, tag, seal, or container. The outline map with the word "Montana", when made use of under this part, is known as the "Montana quality label". When an authorized department, agent, or officer of the United States collaborates with the department of livestock in the inspection of a product, the Montana quality label may, with the consent of the appropriate department, agency, or officer of the United States, be superimposed on an outline map of the United States on the label, tag, seal or container, indicating inspectional collaboration between the department of livestock and the department, agency, or officer of the United States.
History: En. Sec. 1, Ch. 290, L. 1947; amd. Sec. 39, Ch. 310, L. 1974; R.C.M. 1947, 3-2501; amd. Sec. 2685, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 7. Quality Label › 81-8-703. Limitation on use of label

81-8-703. Limitation on use of label.
The Montana quality label may not be used except under the rules made for its use by the department of livestock, and it may not be used on the label, tag, seal, container, or product of a farm, factory, mill, or other producing, processing, packing, preparing, or dressing establishment unless the product is produced, processed, packed, prepared, or dressed under continuous official inspection.
History: En. Sec. 2, Ch. 290, L. 1947; amd. Sec. 40, Ch. 310, L. 1974; R.C.M. 1947, 3-2502.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 7. Quality Label › 81-8-704. Procurement and use of labels -- information concerning -- disposal of moneys

81-8-704. Procurement and use of labels -- information concerning -- disposal of moneys.
The department of livestock may make, print, or otherwise prepare a quantity of labels, tags, and seals with the Montana quality label printed, lithographed, inscribed, engraved, or impressed on them sufficient to supply the demand for them. The department may furnish labels, tags, and seals at reasonable prices to a producer, processor, packer, or dresser who has been granted the continuous official inspection service. This part does not preclude the department from permitting, under its rules, a producer, processor, packer, or dresser to make, prepare, or cause to be made or prepared the labels, tags, or seals to be used on the person's own product or to print, stamp, or otherwise place or cause to be placed the Montana quality label on products or containers that have been subject to continuous inspection if the labels, tags, seals, stamps, or other devices are of a design that the department prescribes. The department may, in cooperation with the United States department of agriculture or otherwise, make use of available and appropriate means to disseminate information concerning the Montana quality label and the products that may lawfully bear it and to popularize its use. All money derived from furnishing the labels, tags, and seals or from permitting the use of the Montana quality label must be deposited in the state treasury to the credit of the general fund.
History: En. Sec. 3, Ch. 290, L. 1947; amd. Sec. 44, Ch. 147, L. 1963; amd. Sec. 41, Ch. 310, L. 1974; R.C.M. 1947, 3-2503; amd. Sec. 2686, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 7. Quality Label › 81-8-705. Wrongful use of label -- penalty -- injunction -- prosecutions

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.
History: En. Sec. 4, Ch. 290, L. 1947; amd. Sec. 42, Ch. 310, L. 1974; R.C.M. 1947, 3-2504.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 8. Beef Research and Marketing (Repealed) › 81-8-804. Repealed

81-8-804. Repealed.
Sec. 21, Ch. 166, L. 1989.
History: En. Sec. 4, Ch. 491, L. 1981; amd. Sec. 1, Ch. 140, L. 1987.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 8. Beef Research and Marketing (Repealed) › 81-8-805. Repealed

81-8-805. Repealed.
Sec. 21, Ch. 166, L. 1989.
History: En. Sec. 5, Ch. 491, L. 1981; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 14, Ch. 700, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 9. Beef Promotion and Marketing › 81-8-901. Beef promotion and marketing -- powers and duties of department -- contract

81-8-901. Beef promotion and marketing -- powers and duties of department -- contract.
(1) The department shall:
(a) enter into a contract with the Montana beef council to collect on behalf of the beef council an assessment of $1 for each head of Montana cattle sold as established in the national Beef Promotion and Research Act of 1985, 7 U.S.C. 2901 through 2911, also referred to as the national beef checkoff, and 7 CFR, part 1260, subpart A;
(b) adopt rules necessary for the administration of this section.
(2) (a) Except as provided in subsection (2)(b), the contract agreed to under this section between the department and the Montana beef council must include a provision that the beef council shall pay a fee, not to exceed 5% of the total checkoff funds collected by department employees and deposited in the state treasury, to reimburse the department for all expenses directly incurred through collection of the checkoff as verified by the legislative auditor during regularly scheduled financial compliance audits.
(b) The department is not obligated under this section or any other state law to contract for collection of the fee if the department's direct collection costs as verified by the legislative auditor exceed 5% of the checkoff funds collected by department employees and deposited in the state treasury.
History: En. Sec. 1, Ch. 102, L. 1995; amd. Sec. 2, Ch. 417, L. 2011; amd. Sec. 1, Ch. 100, L. 2013.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 9. Beef Promotion and Marketing › 81-8-902. Department not liable for collection of assessment -- inspection

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.
History: En. Sec. 2, Ch. 102, L. 1995; amd. Sec. 3, Ch. 417, L. 2011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-101. Repealed

81-9-101. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: En. Sec. 1, Ch. 172, L. 1931; re-en. Sec. 3298.16, R.C.M. 1935; amd. Sec. 1, Ch. 42, L. 1943; amd. Sec. 86, Ch. 310, L. 1974; R.C.M. 1947, 46-501; amd. Sec. 1, Ch. 234, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-102. Repealed

81-9-102. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: (1) thru (5)En. Sec. 2, Ch. 172, L. 1931; re-en. Sec. 3298.17, R.C.M. 1935; amd. Sec. 2, Ch. 42, L. 1943; Sec. 46-502, R.C.M. 1947; (6)En. Sec. 3, Ch. 172, L. 1931; re-en. Sec. 3298.18, R.C.M. 1935; amd. Sec. 1, Ch. 78, L. 1941; amd. Sec. 1, Ch. 67, L. 1959; Sec. 46-504, R.C.M. 1947; R.C.M. 1947, 46-502, 46-504(part).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-103. Repealed

81-9-103. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: En. Sec. 8, Ch. 172, L. 1931; re-en. Sec. 3298.23, R.C.M. 1935; R.C.M. 1947, 46-512.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-111. Hide certificates -- inspection of hides before disposal -- person slaughtering cattle or horses to exhibit hides

81-9-111. Hide certificates -- inspection of hides before disposal -- person slaughtering cattle or horses to exhibit hides.
(1) A person or persons, firm, corporation, or association slaughtering cattle or horses for its own use shall before selling, destroying, or otherwise disposing of the hide or hides from the cattle or horses have the hide or hides inspected by an officer authorized to make the inspection and secure a certificate of inspection as provided for in this part.
(2) A person or persons, firm, corporation, or association may not sell, offer for sale, destroy, or otherwise dispose of a hide or hides from slaughtered cattle or horses that have not been inspected and identified by an authorized inspector.
(3) It is the duty of a person or persons, firm, corporation, or association slaughtering cattle or horses for personal use or otherwise, upon demand of an authorized inspector, to exhibit for inspection the cattle or horse hide or hides, a certificate issued by a hide buyer, or evidence of inspection by an authorized inspector.
History: En. Sec. 4, Ch. 172, L. 1931; re-en. Sec. 3298.19, R.C.M. 1935; amd. Sec. 1, Ch. 47, L. 1939; amd. Sec. 2, Ch. 37, L. 1961; R.C.M. 1947, 46-508; amd. Sec. 2687, Ch. 56, L. 2009; amd. Sec. 8, Ch. 416, L. 2009.