reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-112. Inspection and marking of hides and meat of slaughtered cattle or horses -- records -- bill of sale -- when inspection not necessary

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) Each dressed carcass of a slaughtered animal must be stamped with an ink stamp in a manner specified by the department. 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 carcass and 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.
(4) A person who kills livestock in good faith for the person's own use is not required to have the meat inspected or stamped.
History: Ap.p. 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. 37, L. 1961; amd. Sec. 87, Ch. 310, L. 1974; Sec. 46-503, R.C.M. 1947; Ap.p. 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, 46-503, 46-504(part); amd. Sec. 2, Ch. 234, L. 1979; amd. Sec. 19, Ch. 577, L. 1987; amd. Sec. 2688, Ch. 56, L. 2009; amd. Sec. 9, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-113. Fees for inspection

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.
History: En. Sec. 2, Ch. 78, L. 1941; R.C.M. 1947, 46-505; amd. Sec. 3, Ch. 234, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 19, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-114. Duty to report violations

81-9-114. Duty to report violations.
A person required to be licensed under 81-9-201 shall report any violation of 81-9-112 to the department or the sheriff of the county where the violation occurred and of which the person has knowledge. Upon failure to do so, the person's license must be revoked and a license may not again be issued to the person until the expiration of 1 year from the date of revocation.
History: En. Sec. 4, Ch. 78, L. 1941; R.C.M. 1947, 46-507; amd. Sec. 20, Ch. 577, L. 1987; amd. Sec. 1, Ch. 200, L. 1989; amd. Sec. 2689, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-115. Unlawful to purchase uninspected hide or carcass -- exception

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.
History: En. Sec. 5, Ch. 172, L. 1931; re-en. Sec. 3298.20, R.C.M. 1935; R.C.M. 1947, 46-509; amd. Sec. 21, Ch. 577, L. 1987; amd. Sec. 10, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-116. Officers' authority concerning enforcement -- seizure and sale of meat held in violation

81-9-116. Officers' authority concerning enforcement -- seizure and sale of meat held in violation.
An officer having authority to make the inspection provided for in this part may enter into and inspect meat establishments required to be licensed under 81-9-201 or places where meat is handled in quantities, for the purpose of determining whether the provisions of this part have been complied with. If meat is found that is being held in violation of the provisions of this part, the officers may seize the meat. All seized meat must be sold under the direction of a stock inspector, sheriff, or other officer authorized, at either public or private sale, for the best price obtainable, and the proceeds must be paid to the county treasurer of the county in which the meat is seized for the benefit of the general fund of the county.
History: En. Sec. 6, Ch. 172, L. 1931; re-en. Sec. 3298.21, R.C.M. 1935; R.C.M. 1947, 46-510; amd. Sec. 22, Ch. 577, L. 1987; amd. Sec. 11, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-117. Repealed

81-9-117. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: En. Sec. 7, Ch. 172, L. 1931; re-en. Sec. 3298.22, R.C.M. 1935; R.C.M. 1947, 46-511.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 1. General Provisions › 81-9-118. Penalties for violation or falsifying records

81-9-118. Penalties for violation or falsifying records.
Any person who violates any of the provisions of this part or who willfully falsifies any of the records required by this part to be kept shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for a period of not less than 30 days or more than 6 months or by such fine and imprisonment for the first offense and for each subsequent offense shall be deemed guilty of a felony and punished by a fine of not more than $50,000 or imprisonment in the state prison for not less than 1 year or more than 5 years, or both.
History: En. Sec. 9, Ch. 172, L. 1931; re-en. Sec. 3298.24, R.C.M. 1935; R.C.M. 1947, 46-513; amd. Sec. 7, Ch. 198, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-201. Meat establishment license -- fees and renewals

81-9-201. Meat establishment license -- fees and renewals.
(1) Except as provided in 50-49-303, 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.
History: En. Sec. 26, Ch. 262, L. 1921; re-en. Sec. 3285, R.C.M. 1921; re-en. Sec. 3285, R.C.M. 1935; amd. Sec. 79, Ch. 310, L. 1974; amd. Sec. 22, Ch. 12, L. 1977; R.C.M. 1947, 46-235; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 20, Ch. 444, L. 1983; amd. Sec. 23, Ch. 577, L. 1987; amd. Sec. 18, Ch. 366, L. 1997; amd. Sec. 1, Ch. 494, L. 2005; amd. Sec. 12, Ch. 416, L. 2009; amd. Sec. 12, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-202. Exceptions of certain producers of meats

81-9-202. Exceptions of certain producers of meats.
(1) The owners or operators of slaughterhouses, packinghouses, meat depots, or other places of business engaged in the production, storage, or transportation of meats or meat foods are not required to procure a license from the department of public health and human services for the business of production, storage, or transportation of these food products.
(2) This section does not limit the:
(a) supervision or regulation by the department of public health and human services of the sanitary condition of a restaurant, hotel, boardinghouse, or retail market or the products sold or offered for sale at those facilities; or
(b) duties imposed by law on the department of public health and human services to make sanitary rules for the eradication or control of an epidemic of human disease that may exist in a community.
History: En. Sec. 24, Ch. 262, L. 1921; re-en. Sec. 3283, R.C.M. 1921; re-en. Sec. 3283, R.C.M. 1935; amd. Sec. 77, Ch. 310, L. 1974; amd. Sec. 20, Ch. 12, L. 1977; R.C.M. 1947, 46-233(part); amd. Sec. 349, Ch. 418, L. 1995; amd. Sec. 549, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-203. Repealed

81-9-203. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: (1)En. Sec. 10, Ch. 262, L. 1921; re-en. Sec. 3269, R.C.M. 1921; re-en. Sec. 3269, R.C.M. 1935; amd. Sec. 62, Ch. 310, L. 1974; Sec. 46-216, R.C.M. 1947; (2) thru (4)En. Sec. 7, Ch. 130, L. 1911; re-en. Sec. 2584, R.C.M. 1921; re-en. Sec. 2584, R.C.M. 1935; Sec. 27-107, R.C.M. 1947; R.C.M. 1947, 27-107, 46-216.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-204. Repealed

81-9-204. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: En. Sec. 1, p. 163, L. 1901; re-en. Sec. 8492, Rev. C. 1907; amd. Sec. 1, Ch. 39, L. 1917; re-en. Sec. 11243, R.C.M. 1921; re-en. Sec. 11243, R.C.M. 1935; Sec. 94-35-172, R.C.M. 1947; redes. 46-247 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 199, Ch. 310, L. 1974; R.C.M. 1974, 46-247.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-205. Repealed

81-9-205. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: En. 46-210.1 by Sec. 1, Ch. 190, L. 1977; R.C.M. 1947, 46-210.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-206. Repealed

81-9-206. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: (1)En. Sec. 29, Ch. 262, L. 1921; re-en. Sec. 3288, R.C.M. 1921; re-en. Sec. 3288, R.C.M. 1935; amd. Sec. 23, Ch. 12, L. 1977; Sec. 46-238, R.C.M. 1947; (2)En. Sec. 2, Ch. 39, L. 1917; re-en. Sec. 11244, R.C.M. 1921; re-en. Sec. 11244, R.C.M. 1935; 94-35-173, R.C.M. 1947; redes. 46-248 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 26, Ch. 12, L. 1977; Sec. 46-248, R.C.M. 1947; R.C.M. 1947, 46-238, 46-248.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-207. Repealed

81-9-207. Repealed.
Sec. 24, Ch. 577, L. 1987.
History: En. Sec. 30, Ch. 262, L. 1921; re-en. Sec. 3289, R.C.M. 1921; re-en. Sec. 3289, R.C.M. 1935; amd. Sec. 81, Ch. 310, L. 1974; amd. Sec. 24, Ch. 12, L. 1977; R.C.M. 1947, 46-239.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-216. Short title

81-9-216. Short title.
Sections 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 may be cited as the "Meat and Poultry Inspection Act".
History: En. Sec. 1, Ch. 577, L. 1987.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-218. Exemptions

81-9-218. Exemptions.
(1) The following persons are exempt from 81-9-201, 81-9-216 through 81-9-220, and 81-9-226 through 81-9-236:
(a) a person who slaughters livestock or poultry or prepares or processes livestock or poultry products for the person's own personal or household use;
(b) a person who transports dead, dying, or diseased animals or poultry for the purpose of treatment, burial, or disposal in a manner that would prevent the carcasses from being used as human food; and
(c) a producer as defined in 50-49-202 who sells homemade food or slaughters fewer than 1,000 poultry birds a year pursuant to 50-49-303 except that the producer is subject to the requirements of 9 CFR 381.10(c) and the recordkeeping requirements of 9 CFR 381.175.
(2) A person engaged in the custom slaughtering of livestock or poultry delivered by the owner for custom slaughter or a person engaged in the preparation of the carcasses and parts and meat food products of the livestock or poultry when slaughtered or prepared for exclusive use in the owner's household by the owner or members of the owner's household or the owner's nonpaying guests or employees is exempt from 81-9-216, 81-9-217, 81-9-220, and 81-9-226 through 81-9-236 if the carcasses, parts, or meat food products or containers of the articles are:
(a) kept separate from carcasses, parts, or meat food products prepared for sale;
(b) plainly marked "Not for Sale" immediately after being slaughtered or prepared and remain plainly marked until delivered to the owner; and
(c) prepared and packaged in a sanitary manner and in a sanitary facility.
History: En. Sec. 11, Ch. 577, L. 1987; amd. Sec. 2, Ch. 200, L. 1989; amd. Sec. 2690, Ch. 56, L. 2009; amd. Sec. 13, Ch. 320, L. 2021; amd. Sec. 1, Ch. 98, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-219. Application

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.
History: En. Sec. 16, Ch. 577, L. 1987; amd. Sec. 1, Ch. 65, L. 2007; amd. Sec. 1, Ch. 92, L. 2013.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-220. Rules

81-9-220. Rules.
The board, upon the recommendation of the chief, shall adopt rules consistent with the requirements of the rules of the U.S. department of agriculture governing meat inspection. The rules must:
(1) require antemortem and postmortem inspections, quarantines, segregation, and reinspections with respect to the slaughter of livestock and poultry and the preparation of livestock and poultry products at all official establishments;
(2) require the identification of livestock and poultry and the marking and labeling of livestock or poultry products as "Montana Inspected and Passed" if they are found upon inspection not to be adulterated;
(3) require the destruction for food purposes of all livestock, poultry, livestock products, and poultry products that have been found to be adulterated;
(4) set standards for ingredients of livestock products, meat, and poultry products;
(5) set standards for labeling, marking, or branding of meat, livestock products, and poultry products;
(6) set standards for the weights or measures of meats, livestock products, and poultry products not inconsistent with standards established under Title 30, chapter 12;
(7) set standards for the filling of containers for meat, livestock products, and poultry products;
(8) regulate the false or fraudulent advertising of meat, livestock products, and poultry products;
(9) provide for periodic investigations of the sanitary conditions of each official establishment and withdraw or otherwise refuse to license and inspect those establishments where the sanitary conditions are such as to render adulterated any meat products prepared or handled in that establishment;
(10) prescribe sanitation requirements for all official establishments;
(11) require all persons subject to 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 to maintain full and complete records of all transactions involving meat, livestock products, or poultry products and to make the records available on request to the chief or the chief's inspectors at any reasonable time;
(12) prescribe additional standards, methods, and procedures that are necessary to effect the purposes of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236; and
(13) provide for the licensing and inspection of mobile slaughter facilities to ensure that the requirements of this part are met with respect to all operations conducted at mobile slaughter facilities.
History: En. Sec. 4, Ch. 577, L. 1987; amd. Sec. 3, Ch. 494, L. 2005; amd. Sec. 2691, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-226. Chief meat inspector -- deputies -- qualifications

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.
History: En. Sec. 3, Ch. 577, L. 1987; amd. Sec. 3, Ch. 200, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-227. Application for state meat inspection service -- assignment of establishment number

81-9-227. Application for state meat inspection service -- assignment of establishment number.
(1) Any meat establishment or mobile slaughter facility operator licensed under 81-9-201 may apply to the board for state meat and poultry inspection service. The application must include:
(a) the name and address of the establishment or, in the case of a mobile slaughter facility, the name and address of the owner of the mobile slaughter facility and a description of any mobile unit to be used as part of the mobile slaughter facility;
(b) the type of establishment, whether mobile or in a fixed location;
(c) a complete description of the facilities and equipment;
(d) the day of the week and hours of the day when the establishment is in operation; and
(e) other information required by the chief.
(2) (a) The chief, upon receipt of the application, shall inspect the applicant's facilities and equipment, including any mobile unit to be used as part of a mobile slaughter facility. If the establishment or mobile slaughter facility is found to be clean and sanitary and if it meets the requirements of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236, the board shall authorize the granting of state meat inspection service to the applicant. The board shall then assign an official establishment number to the approved establishment or mobile slaughter facility to be used to mark the meat of the carcasses and parts of carcasses that are offered for sale.
(b) In the case of mobile slaughter facilities, a separate establishment number is required for each mobile unit owned and operated by the applicant. The board shall assign an official establishment number to each approved mobile unit, which must be used to mark the meat of carcasses and parts of carcasses that are offered for sale from that mobile unit.
History: En. Sec. 5, Ch. 577, L. 1987; amd. Sec. 4, Ch. 494, L. 2005.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-228. Inspection stamps

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.
History: En. Sec. 6, Ch. 577, L. 1987; amd. Sec. 77, Ch. 83, L. 1989; amd. Sec. 5, Ch. 494, L. 2005.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-229. Assignment of inspectors

81-9-229. Assignment of inspectors.
(1) The chief shall assign inspectors to each official establishment and may assign one inspector to two or more establishments.
(2) No establishment may slaughter or process cattle, buffalo, horses, sheep, swine, goats, or poultry unless an assigned inspector is present. The hours of the day and days of each week, including holidays or weekends, when the establishment is slaughtering or processing meat must be satisfactorily arranged between the chief and each establishment. Establishments shall pay overtime fees to the board when services are rendered in excess of 8 hours a day or on holidays or weekends.
History: En. Sec. 7, Ch. 577, L. 1987; amd. Sec. 13, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-230. Antemortem and postmortem inspection required

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.
History: En. Sec. 8, Ch. 577, L. 1987; amd. Sec. 2692, Ch. 56, L. 2009; amd. Sec. 14, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-231. Condemnation and appeal

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.
History: En. Sec. 9, Ch. 577, L. 1987.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-232. Regulation of equine carcasses or products

81-9-232. Regulation of equine carcasses or products.
(1) Equines and their carcasses, parts of carcasses, and meat food products must be slaughtered and prepared in establishments separate from establishments where cattle, buffalo, sheep, swine, or goats are slaughtered or their carcasses, parts of carcasses, or meat food products are prepared.
(2) The board may by rule otherwise limit the entry of equine carcasses, parts of carcasses, meat food products, and other materials into any establishment where inspection under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 is maintained under conditions it may prescribe to ensure that allowing the entry of the articles into inspected establishments will be consistent with the purposes of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236.
History: En. Sec. 10, Ch. 577, L. 1987; amd. Sec. 74, Ch. 7, L. 2001; amd. Sec. 1, Ch. 48, L. 2013.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-233. Cooperation with state and federal authorities

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.
History: En. Sec. 12, Ch. 577, L. 1987; amd. Sec. 350, Ch. 418, L. 1995; amd. Sec. 550, Ch. 546, L. 1995; amd. Sec. 1, Ch. 86, L. 2019.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-234. Violations -- penalties

81-9-234. Violations -- penalties.
(1) Except as provided in 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236, no person may:
(a) slaughter livestock or poultry or prepare livestock products or poultry products for human consumption;
(b) sell or transport adulterated, misbranded, condemned, or uninspected meats, livestock products, or poultry products;
(c) falsely represent that an article has been inspected and passed or is exempted under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 or knowingly make a false statement in any certificate provided for by rules prescribed by the board;
(d) sell or transport slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed;
(e) fail to keep any records required by 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236;
(f) forge an official stamp, mark, or certificate;
(g) use, alter, deface, detach, or destroy an official stamp, mark, or certificate without authorization;
(h) fail to use or fail to detach, deface, or destroy an official stamp, mark, or certificate contrary to rules prescribed by the board;
(i) knowingly possess a counterfeit certificate, stamp, or label or the carcass or parts of the carcass of an animal bearing a counterfeit or improperly altered official mark;
(j) sell or transport an equine carcass or parts thereof unless they are conspicuously marked or otherwise identified to show the kind of animal from which they were derived;
(k) buy, sell, or transport livestock products or poultry products not intended for human food unless they are naturally inedible by humans or are denatured or identified as required by rules prescribed by the board;
(l) engage in the business of buying, selling, or transporting dead, dying, disabled, or diseased animals or parts of the carcasses of animals that died otherwise than by slaughter, or buy, sell, or transport dead, dying, disabled, or diseased livestock or poultry or the products of such livestock or poultry that died otherwise than by slaughter unless in accordance with rules adopted under 81-9-302 to assure that such livestock or poultry or the unwholesome parts or products thereof will be prevented from being used for human food purposes.
(2) A person who violates 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 or rules adopted under 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 for which no other criminal penalty is provided is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than 1 year or by a fine of not more than $1,000, or both. If the violation involves intent to defraud or any distribution or attempted distribution of an article that is adulterated, such person is guilty of a felony and upon conviction is punishable by imprisonment for not more than 3 years or by a fine of not more than $10,000, or both.
History: En. Sec. 13, Ch. 577, L. 1987.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-235. Repealed

81-9-235. Repealed.
Sec. 2, Ch. 86, L. 2019.
History: En. Sec. 14, Ch. 577, L. 1987; amd. Sec. 2693, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-236. Injunction

81-9-236. Injunction.
In addition to remedies provided in 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236, the board is authorized to apply to the district court for and the court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating a provision of 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236, whether or not there exists an adequate remedy at law.
History: En. Sec. 15, Ch. 577, L. 1987.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-240. Equine slaughter or processing facilities -- no injunction to stop -- damages allowed for delay

81-9-240. Equine slaughter or processing facilities -- no injunction to stop -- damages allowed for delay.
(1) A court of this state may not issue an injunction stopping or delaying the construction of an equine slaughter or processing facility licensed pursuant to 81-9-201 based on a challenge or appeal of a permit, license, certificate, or other approval issued in conjunction with a proposed equine slaughter or processing facility based on the provisions of:
(a) Title 75, chapter 1, parts 1 through 3;
(b) Title 75, chapter 2, parts 1 through 4;
(c) Title 75, chapter 5, part 4;
(d) Title 75, chapter 10, part 1 and parts [3] through 13; or
(e) this part.
(2) If a person files an action against the operation of an equine slaughter or processing facility and does not prevail, the person is liable for all financial losses the facility suffers if the court issues an injunction that halts operations while the action is pending.
History: En. Sec. 1, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 2. Slaughterhouses Meat and Poultry Inspection › 81-9-241. Judicial review of equine slaughter or processing facilities -- surety bond -- attorney fees -- venue

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.
History: En. Sec. 2, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-301. Licensing of rendering or disposal plants

81-9-301. Licensing of rendering or disposal plants.
(1) It is unlawful to operate in this state a rendering or disposal plant or establishment that is intended to be operated for the disposal of bodies or parts of bodies of animals or fowl in any manner, except for human consumption, without first securing a license from the department of livestock.
(2) The license expires on December 31 of the year in which it is issued. The department shall establish a fee to be charged for licenses issued under 81-9-301 through 81-9-306.
(3) All license fees collected shall be paid into the state special revenue fund for the use of the department.
History: En. Sec. 1, Ch. 148, L. 1949; amd. Sec. 159, Ch. 310, L. 1974; R.C.M. 1947, 46-2401; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 21, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-302. Power of department to adopt and enforce rules

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.
History: En. Sec. 2, Ch. 148, L. 1949; amd. Sec. 160, Ch. 310, L. 1974; R.C.M. 1947, 46-2402.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-303. Power of department to restrain operation of rendering plant

81-9-303. Power of department to restrain operation of rendering plant.
(1) The department may restrain the operation of a rendering or disposal plant or establishment engaged in the collection or handling of the bodies or parts of bodies of dead animals or fowl, where the operation is carried on in violation of the laws of this state or the rules or orders of the department, after a hearing held on 5 days' written notice of the hearing to the licensee. The restraining order may be issued without notice of hearing where in the discretion of the department the violation constitutes a menace to public health requiring immediate and summary abatement.
(2) The licensee may appeal to the district court on giving written notice of appeal to the restraining authority within 10 days after service of the restraining order, whether the order is made on hearing or summarily. The written notice of appeal does not stay execution of the restraining order when the restraining order is issued without hearing to restrain a menace to public health requiring immediate and summary abatement.
(3) Where the restraining order is issued after a hearing, the hearing before the district court is on the record, together with any additional evidence offered. Where the order is issued without hearing, the hearing before the district court is on evidence offered at the hearing.
(4) Where the appeal is from an order issued after hearing, the appellant shall pay the cost of the transcript, which must be filed not more than 30 days from the date of filing the notice of appeal. However, the court may, in its discretion, extend the time for filing the transcript.
History: En. Sec. 3, Ch. 148, L. 1949; amd. Sec. 161, Ch. 310, L. 1974; R.C.M. 1947, 46-2403.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-304. Power of department to revoke license of rendering plant

81-9-304. Power of department to revoke license of rendering plant.
A license to operate a rendering or disposal plant may be revoked at any time by the department when it determines that a person to whom the license is issued has failed to comply with any statute of this state or rules or orders of the department and on hearing before the department, after 10 days' written notice. Service and filing of a notice of appeal to a district court stays execution of the order.
History: En. Sec. 4, Ch. 148, L. 1949; amd. Sec. 162, Ch. 310, L. 1974; R.C.M. 1947, 46-2404.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-305. Power to administer oaths, subpoena witnesses, and receive evidence

81-9-305. Power to administer oaths, subpoena witnesses, and receive evidence.
Hearings held under 81-9-301 through 81-9-306 for either revocation of licenses or to restrain operation shall be held by the department, and the department or its agent may administer oaths, subpoena witnesses, and receive evidence in order to carry out 81-9-301 through 81-9-306.
History: En. Sec. 5, Ch. 148, L. 1949; amd. Sec. 163, Ch. 310, L. 1974; R.C.M. 1947, 46-2405.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-306. Penalty for violation

81-9-306. Penalty for violation.
Operation of a rendering or disposal plant or establishment without a license from the department or operation of a rendering or disposal plant or establishment in violation of a restraining order or after revocation of a license constitutes a misdemeanor, punishable by a fine of not less than $50 or more than $250 for each day of illegal operation.
History: En. Sec. 6, Ch. 148, L. 1949; amd. Sec. 164, Ch. 310, L. 1974; R.C.M. 1947, 46-2406.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-311. Dead or fallen animal rendering plants -- definitions

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.
History: En. Sec. 1, Ch. 87, L. 1949; amd. Sec. 165, Ch. 310, L. 1974; R.C.M. 1947, 46-2407.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-312. Identification tags

81-9-312. Identification tags.
Licensed rendering plants shall provide themselves with serially-numbered metal identification tags of a size and design prescribed by the department and in a number series assigned by the department.
History: En. Sec. 2, Ch. 87, L. 1949; amd. Sec. 166, Ch. 310, L. 1974; R.C.M. 1947, 46-2408.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-313. Dead or fallen animal records

81-9-313. Dead or fallen animal records.
(1) When a licensed renderer or the renderer's agent receives a dead or fallen animal, the renderer or agent shall present a dead or fallen animal record to the person, corporation, or association that has requested the renderer or agent to remove the dead or fallen animal. The record must be on forms prescribed by the department and contain information the department may, by rule, require.
(2) The report must be executed in quadruplicate. The original copy must accompany the carcass and hide until the hide is officially inspected for marks and brands. The duplicate must be retained by the licensed renderer for the time that the department in its discretion requires. The triplicate must be filed within 7 days after its execution and without cost in the office of the county clerk and recorder of the county in which the animal is received by the licensed renderer or the renderer's agent. The quadruplicate must be retained by the person, corporation, or association that requested removal of the dead or fallen animal.
History: En. Sec. 3, Ch. 87, L. 1949; amd. Sec. 167, Ch. 310, L. 1974; R.C.M. 1947, 46-2409; amd. Sec. 2694, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-314. Animals to be tagged

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.
History: En. Sec. 4, Ch. 87, L. 1949; R.C.M. 1947, 46-2410; amd. Sec. 2695, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-315. Production of dead or fallen animal record on demand -- animal not to be removed during transportation -- investigation

81-9-315. Production of dead or fallen animal record on demand -- animal not to be removed during transportation -- investigation.
(1) On demand of a livestock inspector, sheriff, undersheriff, deputy sheriff, or other peace officer, a licensed renderer or the renderer's agent who has received a dead or fallen animal shall produce for inspection an executed dead or fallen animal record identifying each dead or fallen animal that the renderer or agent is transporting when the demand is made. Failure to produce the executed dead or fallen animal record on demand constitutes a misdemeanor punishable as provided in 81-9-317.
(2) Under no circumstances may a licensed renderer or the renderer's agent endanger the public health by removing or being required to remove any dead or fallen animals from the vehicle in which they are being transported until the vehicle arrives at a licensed rendering plant where the dead or fallen animal must be handled and disposed of in conformity with the rules of the department.
(3) If a livestock inspector, sheriff, undersheriff, deputy sheriff, or other peace officer has probable cause to believe the dead or fallen animals being transported by a licensed renderer or the renderer's agent were obtained by a commission of a felony, the officer may take the licensed renderer or the renderer's agent, as well as the vehicle, into custody and proceed with the licensed renderer or the renderer's agent to the rendering plant of the licensed renderer, where inspection of marks and brands and immediate investigation must be made.
History: En. Sec. 5, Ch. 87, L. 1949; amd. Sec. 168, Ch. 310, L. 1974; R.C.M. 1947, 46-2411; amd. Sec. 2696, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-316. Disposal of hides -- inspection -- filing of record

81-9-316. Disposal of hides -- inspection -- filing of record.
When a licensed renderer or the renderer's agent disposes of the hides from dead or fallen animals, the hides must be handled and inspected for marks and brands in conformity with Title 81, chapter 9, part 4. The sheriff, deputy sheriff, person designated by the board of county commissioners, or agent of the department who makes the inspection for marks and brands in conformity with Title 81, chapter 9, part 4, shall complete the original dead or fallen animal record that accompanies the hide by inserting the person's inspector's tag number. The person shall file the completed original dead or fallen animal record without cost in the office of the county clerk and recorder, together with the duplicate certificate of inspection required to be filed under Title 81, chapter 9, part 4.
History: En. Sec. 6, Ch. 87, L. 1949; amd. Sec. 169, Ch. 310, L. 1974; amd. Sec. 55, Ch. 12, L. 1977; R.C.M. 1947, 46-2412; amd. Sec. 2697, Ch. 56, L. 2009.