reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-811. Action for damages and injunctive relief

30-11-811. Action for damages and injunctive relief.
If any grantor violates this part, a dealer may bring an action against such grantor in any court of competent jurisdiction for damages sustained as a consequence of the grantor's violation, together with the actual costs of the action, including reasonable attorney fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change of competitive circumstances.
History: En. Sec. 4, Ch. 45, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-901. Definitions

30-11-901. Definitions.
As used in this part, the following definitions apply:
(1) "Community of interest" means a continuing financial interest that the grantor and grantee have in common.
(2) "Construction equipment" means any vehicle, machine, or attachment designed or adapted and used in construction, heavy construction, highway construction, and remodeling work.
(3) "Dealer" means a person who is a grantee of a construction equipment dealership situated in this state.
(4) "Dealership" means a contract or agreement, expressed or implied, whether oral or written, including a franchise as defined in 61-4-201, by which a person is granted the right to sell or distribute construction equipment, in which there is a community of interest in the business of offering, selling, or distributing construction equipment.
(5) "Department" means the department of labor and industry established in 2-15-1701.
(6) "Designated family member" means the spouse, child, grandchild, parent, brother, or sister of a dealer.
(7) "Designated successor" means a person designated in writing by the retiring dealer to succeed in the dealership or, in the case of an incapacitated dealer, a person appointed by a court as the legal representative of the dealer's property or the appointed and qualified personal representative and the testamentary trustee of a deceased dealer.
(8) (a) "Good cause", when used in 30-11-902, 30-11-903, and 30-11-909, means:
(i) failure by a dealer to comply substantially with essential and reasonable requirements imposed upon the dealer by the grantor or sought to be imposed by the grantor, which requirements are not discriminatory as compared with requirements imposed on other similarly situated dealers either by the terms of the requirements or in the manner of their enforcement; or
(ii) bad faith by the dealer in carrying out the terms of the dealership.
(b) Good cause, when used in 30-11-904 through 30-11-908, means a showing that succession to a dealership would be detrimental to the public interest or to the representation of the grantor.
(9) "Grantor" means a person who grants a dealership.
(10) "Person" means any individual, partnership, association, corporation, or other entity.
History: En. Sec. 1, Ch. 180, L. 2001; amd. Sec. 221(1), Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-902. Cancellation and alteration of dealerships

30-11-902. Cancellation and alteration of dealerships.
A grantor may not, directly or indirectly, terminate, cancel, fail to renew, or substantially change the competitive circumstances of a dealership agreement without good cause. The burden of proving good cause is on the grantor.
History: En. Sec. 2, Ch. 180, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-903. Notice of termination or change in dealership

30-11-903. Notice of termination or change in dealership.
(1) Except as provided in subsections (2) and (3), a grantor shall provide a dealer at least 90 days' prior written notice by certified mail of termination, cancellation, nonrenewal, or substantial change in competitive circumstances. The notice must state all the reasons for termination, cancellation, nonrenewal, or substantial change in competitive circumstances and must provide that the dealer has 60 days from receipt of the notice in which to rectify any claimed deficiency. If the deficiency is rectified within 60 days, the notice is void.
(2) If the reason for termination, cancellation, nonrenewal, or substantial change in competitive circumstances is nonpayment of sums due under the dealership, the dealer is entitled to 10 days' prior written notice by certified mail. If the dealer does not remedy the default within 10 days after receipt of the notice, the notice is effective according to its terms.
(3) The notice provisions of this section do not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.
History: En. Sec. 3, Ch. 180, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-904. Transfer

30-11-904. Transfer.
A grantor may not unreasonably withhold consent to any transfer of the dealer's business or transfer of the stock or other interest in the dealership to a designated family member, to the principal owner of the dealership, or to a person whom the dealer wishes to designate as a designated successor. The grantor may require that the designated successor or designated family member meet the reasonable requirements of the grantor. The requirements must be specified and made available to any dealer upon request but may not extend beyond business, financial, character, and experience qualifications. If a grantor determines that a proposed transferee does not meet the requirements, the grantor shall give the dealer written notice stating the specific reasons for withholding consent.
History: En. Sec. 4, Ch. 180, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-905. Refusal to honor succession to ownership -- notice required

30-11-905. Refusal to honor succession to ownership -- notice required.
(1) If a grantor believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member or by a designated successor under the existing franchise agreement, the grantor may, within 30 days of receipt of notice of the designated family member's or designated successor's intent to succeed the dealer in the ownership and operation of the dealership, serve upon the designated family member or designated successor and the department notice of the grantor's refusal to honor the succession and of the grantor's intent to discontinue the existing franchise agreement with the dealership no sooner than 60 days from the date the notice is served.
(2) The notice must state the specific grounds for the refusal to honor the succession and the intent to discontinue the existing franchise agreement with the dealership no sooner than 60 days from the date the notice is served.
(3) If notice of refusal and discontinuance is not timely served upon the designated family member or designated successor and the department or if the department rules in favor of the complainant in a hearing held pursuant to 30-11-906, the franchise agreement must continue in effect subject to termination only as otherwise permitted by law.
History: En. Sec. 5, Ch. 180, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-906. Procedure to determine right to succeed

30-11-906. Procedure to determine right to succeed.
(1) A designated family member or designated successor who receives notice of the grantor's refusal to honor succession to the ownership and operation of the dealership may, within the 60-day period provided for in 30-11-905, file with the department a verified complaint for a hearing and determination by the department on whether good cause exists for refusal and discontinuance.
(2) The grantor shall establish good cause for refusal to honor the succession to ownership.
(3) The franchise agreement must continue in effect until the final determination of the issues raised in the complaint.
(4) If the grantor prevails, the department shall include in its order approving the termination of the franchise agreement reasonable conditions affording the complainant an opportunity to receive fair and reasonable compensation for the value of the dealership.
(5) Any decision by the department may be reviewed pursuant to Title 2, chapter 4, part 7.
History: En. Sec. 6, Ch. 180, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-907. Written designation of succession unaffected

30-11-907. Written designation of succession unaffected.
Sections 30-11-904 through 30-11-908 do not preclude a dealer from designating any person as the dealer's successor by written instrument filed with the grantor.
History: En. Sec. 7, Ch. 180, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-908. Civil damages

30-11-908. Civil damages.
A dealer suffering pecuniary loss due to a violation of 30-11-904 through 30-11-908 or 30-11-914 who prevails in a civil action for the loss is entitled to damages equal to the pecuniary loss, together with court costs and reasonable attorney fees.
History: En. Sec. 8, Ch. 180, L. 2001; amd. Sec. 4, Ch. 181, L. 2017.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 9. Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements › 30-11-909. Action for damages and injunctive relief

30-11-909. Action for damages and injunctive relief.
If any grantor violates this part, a dealer may bring an action against the grantor in any court of competent jurisdiction for damages sustained as a consequence of the grantor's violation, together with the actual costs of the action, including reasonable attorney fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change of competitive circumstances.
History: En. Sec. 9, Ch. 180, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 1. General Provisions › 30-12-102. Systems of weights and measures

30-12-102. Systems of weights and measures.
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems may be used for all commercial purposes in the state of Montana. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the national institute of standards and technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
History: En. Sec. 2, Ch. 99, L. 1969; R.C.M. 1947, 90-154; amd. Sec. 2, Ch. 442, L. 1989.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 1. General Provisions › 30-12-103. State standards of weight and measure

30-12-103. State standards of weight and measure.
Those weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by this state for use as state standards are, when they have been certified as being satisfactory for use as such by the national institute of standards and technology, the state standards of weight and measure. The state standards must be kept in a safe and suitable place in the office or laboratory of the department. They may not be removed from there except for repairs or for certification.
History: En. Sec. 4, Ch. 99, L. 1969; amd. Sec. 147, Ch. 431, L. 1975; R.C.M. 1947, 90-156; amd. Sec. 3, Ch. 442, L. 1989.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 1. General Provisions › 30-12-104. Field standards and equipment

30-12-104. Field standards and equipment.
In addition to the state standards provided for in 30-12-103, there shall be supplied by the state such "field standards" and such equipment as may be found necessary to carry out the provisions of parts 1 through 5 of this chapter. The field standards shall be verified upon their initial receipt and at least once each year thereafter by comparison with the state standards.
History: En. Sec. 5, Ch. 99, L. 1969; R.C.M. 1947, 90-157.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 1. General Provisions › 30-12-105. Use of metric sizes in sale of commodities -- department to make rules

30-12-105. Use of metric sizes in sale of commodities -- department to make rules.
Metric sizes as defined by the department of labor and industry by rule will be permitted if there is compliance with all labeling requirements of the state.
History: En. Sec. 1, Ch. 75, L. 1979; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 133, Ch. 575, L. 1981; amd. Sec. 65, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 1. General Provisions › 30-12-106. Fractional parts -- construction of contracts

30-12-106. Fractional parts -- construction of contracts.
Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in 30-12-101 and 30-12-102, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
History: En. Sec. 33, Ch. 99, L. 1969; R.C.M. 1947, 90-185; MCA 1979, 30-12-501; redes. 30-12-106 by Code Commissioner, 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 1. General Provisions › 30-12-107. Split weighing of commodities allowed -- disclosure -- rules

30-12-107. Split weighing of commodities allowed -- disclosure -- rules.
(1) The net weight of a commodity, including raw logs, grain, and quarried rock, transported by any combination of truck, truck tractor, trailer, or semitrailer, as those terms are defined in 61-1-101, may be determined by split weighing the combination if:
(a) the vendor and the purchaser agree in writing to the split weighing; and
(b) either the vendor or the purchaser who is a party to the agreement is responsible for paying the cost of the shipment and any freight charges.
(2) The weigh ticket, weight slip, or other documentation certifying the net weight of the commodity and accompanying delivery of the commodity must clearly disclose that the net weight of the commodity as delivered was determined by split weighing.
(3) The written agreement between the vendor and the purchaser to allow for split weighing must accompany delivery of the commodity.
(4) The department shall adopt rules consistent with this section to provide for the implementation and administration of split weighing. The rules must require, at a minimum that:
(a) the name of the person operating a scale to split weigh and the date and location of the scale be reported to the department and be stated on the weigh ticket, weight slip, or other documentation; and
(b) the person operating the scale shall certify that:
(i) each axle of the vehicle or combination of vehicles rests on a straight surface that is level with the deck of the vehicle scale or, if not level, the amount by which the deck of the scale is not level does not exceed 1/3 inch per foot of distance between the deck of the vehicle scale and the axle;
(ii) the brakes of the vehicle or combination of vehicles are not used while the vehicle is being weighed; and
(iii) the transmission of the vehicle or combination of vehicles is in neutral.
History: En. Sec. 1, Ch. 296, L. 2013.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-201. General powers and duties of department

30-12-201. General powers and duties of department.
The department has the custody of the state standards of weight and measure and of the other standards and equipment provided for by parts 1 through 5 and shall keep accurate records of them. The department shall enforce the provisions of parts 1 through 5. It shall supervise the weights and measures used in commerce or trade that are offered for sale, sold, or in use in this state.
History: En. Sec. 7, Ch. 99, L. 1969; amd. Sec. 148, Ch. 431, L. 1975; R.C.M. 1947, 90-159; amd. Sec. 4, Ch. 442, L. 1989.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-202. Specific powers and duties of department -- rules

30-12-202. Specific powers and duties of department -- rules.
(1) The department shall adopt from time to time reasonable rules for the enforcement of parts 1 through 5, and the rules have the effect of law. These rules may include:
(a) schedules of fees for licensing, testing, and certification;
(b) standards of net weight, measure, or count and reasonable standards of fill for any commodity in package form;
(c) rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by the department in the discharge of its official duties;
(d) exemptions from the sealing or marking requirements of 30-12-209 with respect to weights and measures of a character or size that sealing or marking would be inappropriate, impracticable, or damaging to the apparatus involved; and
(e) rules governing the voluntary registration of service providers and service agencies.
(2) The rules described in subsection (1) must include specifications, tolerances, and other technical requirements for weights and measures subject to inspection and testing under 30-12-205, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those:
(a) that are not accurate;
(b) that are not reasonably permanent in their adjustment or will not repeat their indications correctly; or
(c) that facilitate the perpetration of fraud.
(3) The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, together with amendments to the specifications, as recommended by the national institute of standards and technology and published in national institute of standards and technology Handbook 44 and supplements to that handbook or in any publication revising or superseding Handbook 44, are the specifications, tolerances, and other technical requirements for commercial weighing and measuring devices of this state, except as specifically modified, amended, or rejected by a rule issued by the department.
(4) An apparatus is considered to be "correct" when it conforms to all applicable requirements adopted as specified in this section. Other apparatus are considered to be "incorrect".
History: En. Sec. 8, Ch. 99, L. 1969; amd. Sec. 149, Ch. 431, L. 1975; R.C.M. 1947, 90-160; amd. Sec. 5, Ch. 442, L. 1989; amd. Sec. 944, Ch. 56, L. 2009; amd. Sec. 1, Ch. 228, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-203. Licensing of weighing devices

30-12-203. Licensing of weighing devices.
(1) A person may not knowingly operate or use an unlicensed weighing device in trade or commerce for ascertaining the weight of any commodity.
(2) A license must be obtained by applying to the department on a form provided by the department. Each license must require at least one inspection a year.
(3) (a) An application must be accompanied by the proper fee, as established by this section and subject to subsection (3)(b), except that fees may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party.
WEIGHING DEVICES
Capacity Fees
499 pounds or less $20
500 pounds through 1,999 pounds $33
2,000 pounds through 7,999 pounds $64
8,000 pounds through 60,000 pounds $165
60,001 pounds or more $280
(b) The department may increase fees in subsection (3)(a) every 2 years by rule, provided the fees are commensurate with the cost of issuing a license and the fee increase does not exceed 15%.
(4) The capacity of a weighing device must be determined by the manufacturer's rated capacity.
(5) (a) All licenses are annual and, except for those described in subsection (5)(b), expire on the anniversary date established by rule by the board of review established in 30-16-302.
(b) Licenses for on-farm scales expire at the end of the calendar year.
(6) (a) A late renewal fee equal to 50% of the renewal license fee established in subsection (3) must be assessed if the fee is not paid:
(i) for on-farm scales, before the first day of the sixth month of the year in which the license fee is due; or
(ii) for all other licenses, within 60 days of the anniversary date.
(b) If the fee is not paid by the respective due date listed in subsection (6)(a), the weighing device may be sealed and removed from service by the department.
(c) A person may not use a weighing device that has been removed from service or break the seal on a device removed from service until all fees have been paid.
(7) The fees must be deposited to the state special revenue fund of the department for use in the administration and enforcement of this part.
(8) The department shall report biennially to the economic affairs interim committee in accordance with 5-11-210 concerning license fees and cost increases under this section.
History: En. 90-160.1 by Sec. 1, Ch. 244, L. 1973; R.C.M. 1947, 90-160.1; amd. Sec. 1, Ch. 591, L. 1983; amd. Sec. 1, Ch. 615, L. 1993; amd. Sec. 4, Ch. 366, L. 1997; amd. Sec. 2, Ch. 34, L. 2005; amd. Sec. 1, Ch. 196, L. 2007; amd. Sec. 1, Ch. 356, L. 2013; amd. Sec. 2, Ch. 228, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-204. Testing at state-supported institutions

30-12-204. Testing at state-supported institutions.
The department shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting its findings in writing to the executive officer of the institution concerned.
History: En. Sec. 9, Ch. 99, L. 1969; amd. Sec. 150, Ch. 431, L. 1975; R.C.M. 1947, 90-161.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-205. General testing

30-12-205. General testing.
(1) When not otherwise provided by law, the department may inspect and test all weights and measures kept, offered, or exposed for sale to determine if they are correct.
(2) The department, within a 12-month period or less frequently if in accordance with a schedule issued by it, and as often as it considers necessary, shall inspect and test, to ascertain if they are correct, all weights and measures commercially used:
(a) in determining the weight, measurement, or count of commodities or things sold or offered or exposed for sale on the basis of weight, measure, or count; or
(b) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count.
(3) With respect to single-service devices designed to be used commercially only once and to be then discarded and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of the devices. The lots of which the samples are representative must be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples.
(4) An itinerant peddler or hawker using weights and measures shall register the peddler's or hawker's name and address with the department so that the peddler's or hawker's equipment can be tested in accordance with the provisions of this law.
History: En. Sec. 10, Ch. 99, L. 1969; amd. Sec. 151, Ch. 431, L. 1975; R.C.M. 1947, 90-162; amd. Sec. 945, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-206. Investigations

30-12-206. Investigations.
The department shall investigate complaints made to it concerning violations of parts 1 through 5. It shall, upon its own initiative, conduct those investigations it considers appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of parts 1 through 5 and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
History: En. Sec. 11, Ch. 99, L. 1969; amd. Sec. 152, Ch. 431, L. 1975; R.C.M. 1947, 90-163.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-207. Inspection of packages

30-12-207. Inspection of packages.
(1) The department shall adopt by rule and implement a schedule to weigh or measure and inspect packages or amounts of commodities kept, offered, exposed for sale, sold, or in the process of delivery to determine whether they contain the amounts represented and whether they are kept, offered, exposed for sale, or sold in accordance with law. The schedule adopted must provide for random inspection of packages and commodities at randomly selected inspection sites. When those packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered, or exposed for sale in violation of law, the department may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the department may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of that lot.
(2) A person may not:
(a) sell or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless the package or amount of commodity has been brought into full compliance with all legal requirements; or
(b) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner, except with the specific approval of the department.
History: En. Sec. 12, Ch. 99, L. 1969; amd. Sec. 153, Ch. 431, L. 1975; R.C.M. 1947, 90-164; amd. Sec. 6, Ch. 442, L. 1989.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-208. Stop-use, stop-removal, and removal orders

30-12-208. Stop-use, stop-removal, and removal orders.
The department may issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being or susceptible of being commercially used and issue stop-removal orders and removal orders with respect to packages or amounts or commodities kept, offered, or exposed for sale, sold, or in process of delivery whenever in the course of enforcement of parts 1 through 5 it considers it necessary or expedient to issue those orders. A person may not use, remove from the premises specified, or fail to remove from the premises specified any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under this section.
History: En. Sec. 13, Ch. 99, L. 1969; amd. Sec. 154, Ch. 431, L. 1975; R.C.M. 1947, 90-165.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-209. Disposition of correct and incorrect apparatus

30-12-209. Disposition of correct and incorrect apparatus.
(1) The department shall approve for use and seal or mark with appropriate devices those weights and measures which it finds upon inspection and test to be "correct" as defined in 30-12-202 and shall reject and mark or tag as "rejected" those weights and measures which it finds, upon inspection or test, to be "incorrect" as defined in 30-12-202 but which in its best judgment are susceptible of satisfactory repair.
(2) The department shall condemn, and may seize and destroy, weights and measures found to be incorrect which, in its best judgment, are not susceptible of satisfactory repair.
(3) Weights and measures that have been rejected may be confiscated and may be destroyed by the department if not corrected as required by 30-12-211 or if used or disposed of contrary to the requirements of 30-12-211.
(4) Sealing or marking are not required with respect to those weights and measures which may be exempted therefrom by a rule of the department issued under 30-12-202.
History: En. Sec. 14, Ch. 99, L. 1969; amd. Sec. 155, Ch. 431, L. 1975; R.C.M. 1947, 90-166.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-210. Police powers

30-12-210. Police powers.
In enforcing the provisions of parts 1 through 5 or any other law pertaining to weights and measures, the department may, in the manner provided by law for peace officers, arrest violators, conduct searches and inspections, and seize for use as evidence incorrect or unsealed weights and measures or packages of commodities unlawfully used, possessed, offered, or exposed for sale or unlawfully sold.
History: En. Sec. 15, Ch. 99, L. 1969; amd. Sec. 156, Ch. 431, L. 1975; R.C.M. 1947, 90-167.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-211. Duty of owners of incorrect apparatus

30-12-211. Duty of owners of incorrect apparatus.
(1) Weights and measures that have been rejected under the authority of the department remain subject to the control of the department until suitable repair or disposition of them has been made as required by this section.
(2) The owner of rejected weights and measures shall correct them within 30 days or a longer period that may be authorized by the department.
(3) Instead of correction, the owner may dispose of the weights and measures, but only in a manner specifically authorized by the department.
(4) Weights and measures that have been rejected may not again be used commercially until they have been officially reexamined and found to be correct, until specific written permission for that use is issued by the department, or until the rejection tag has been removed and the rejected device has been repaired and placed in service by a person properly registered to perform those acts under a rule issued by the department for the registration of weights and measures service providers and service agencies.
History: En. Sec. 17, Ch. 99, L. 1969; amd. Sec. 157, Ch. 431, L. 1975; R.C.M. 1947, 90-169; amd. Sec. 946, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 2. Authority of Department of Labor and Industry › 30-12-212. Noncommercial inspections -- fees

30-12-212. Noncommercial inspections -- fees.
Subject to the availability of resources and upon payment of a fee commensurate with the costs of inspection, the department may inspect noncommercial weighing and measuring devices. Fees collected under this section must be deposited in the state general fund.
History: En. Sec. 7, Ch. 442, L. 1989.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 3. Method of Sale of Commodities › 30-12-301. Method of sale of commodities -- general

30-12-301. Method of sale of commodities -- general.
(1) Commodities in liquid form may be sold only by liquid measure or by weight, and, except as otherwise provided in parts 1 through 5, commodities not in liquid form may be sold only by weight, by measure of length or area, or by count. Liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if those methods give accurate information as to the quantity of commodity sold. This section does not apply to:
(a) commodities when sold for immediate consumption on the premises where sold;
(b) vegetables when sold by the head or bunch;
(c) commodities in containers standardized by a law of this state or by federal law;
(d) commodities in package form when there exists a general consumer usage to express the quantity in some other manner;
(e) concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure;
(f) unprocessed vegetable and animal fertilizer when sold by cubic measure;
(g) cottage food products as defined in 50-50-102; or
(h) homemade food or homemade food products sold pursuant to Title 50, chapter 49, part 2.
(2) The department may adopt reasonable rules necessary to ensure that amounts of commodity sold are determined in accordance with good commercial practice and are determined and represented as to be accurate and informative to all parties at interest.
History: En. Sec. 18, Ch. 99, L. 1969; amd. Sec. 158, Ch. 431, L. 1975; R.C.M. 1947, 90-170; amd. Sec. 5, Ch. 239, L. 2015; amd. Sec. 4, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 3. Method of Sale of Commodities › 30-12-302. Method of sale of commodities -- packages -- declarations of quantity and origin -- variations -- exemptions

30-12-302. Method of sale of commodities -- packages -- declarations of quantity and origin -- variations -- exemptions.
(1) Except as otherwise provided in parts 1 through 5, a commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain, and conspicuous declarations of:
(a) the identity of the commodity in the package unless it can easily be identified through the wrapper or container;
(b) the net quantity of the contents in terms of weight, measure, or count; and
(c) in the case of any package kept, offered, or exposed for sale or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by rules adopted by the department.
(2) In connection with the declaration required under subsection (1)(b), neither the qualifying term "when packed" nor words of similar import nor any term qualifying a unit of weight, measure, or count (for example, "jumbo", "giant", "full", and the like) that tends to exaggerate the amount of commodity in a package may be used.
(3) Under subsection (1)(b), the department shall by rule establish:
(a) reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure;
(b) exemptions as to small packages; and
(c) exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.
(4) The marking provisions of this section do not apply to unwrapped loaves of bread or to berries and small fruits sold in conformance with part 4.
History: En. Sec. 19, Ch. 99, L. 1969; amd. Sec. 159, Ch. 431, L. 1975; R.C.M. 1947, 90-171.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 3. Method of Sale of Commodities › 30-12-303. Declarations of unit price on random packages

30-12-303. Declarations of unit price on random packages.
In addition to the declarations required by 30-12-302, any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.
History: En. Sec. 20, Ch. 99, L. 1969; R.C.M. 1947, 90-172.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 3. Method of Sale of Commodities › 30-12-304. Misleading packages

30-12-304. Misleading packages.
A commodity in package form may not be wrapped or in a container made, formed, or filled so as to mislead the purchaser as to the quantity of the contents of the package. The contents of a container may not fall below a reasonable standard of fill which may be prescribed for that commodity by the department.
History: En. Sec. 21, Ch. 99, L. 1969; amd. Sec. 160, Ch. 431, L. 1975; R.C.M. 1947, 90-173.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 3. Method of Sale of Commodities › 30-12-305. Advertising packages for sale

30-12-305. Advertising packages for sale.
Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as required by law or regulation to appear on the package, provided:
(1) that where the law or regulation requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure (the declaration that is required to appear first and without parenthesis on the package) need appear in the advertisement; and
(2) that there shall not be included as part of the declaration required under this section such qualifying terms as "when packed", "minimum", "not less than", or any other terms of similar import or any term qualifying a unit of weight, measure, or count (for example, "jumbo", "giant", "full", and the like) that tends to exaggerate the amount of commodity in the package.
History: En. Sec. 22, Ch. 99, L. 1969; R.C.M. 1947, 90-174.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 3. Method of Sale of Commodities › 30-12-306. Sale by net weight

30-12-306. Sale by net weight.
(1) If a commodity is sold on the basis of weight, the net weight of the commodity must be employed and all contracts concerning commodities must be construed on the basis of net weight.
(2) The net weight of a commodity being transported by any combination of truck, truck tractor, trailer, or semitrailer, as those terms are defined in 61-1-101, may be determined by split weighing the combination pursuant to 30-12-107. All disclosure, reporting, or listing of the net weight of a commodity determined by split weighing must state that the net weight was determined by split weighing.
History: En. Sec. 23, Ch. 99, L. 1969; amd. Sec. 161, Ch. 431, L. 1975; R.C.M. 1947, 90-175; amd. Sec. 2, Ch. 296, L. 2013.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 3. Method of Sale of Commodities › 30-12-307. Misrepresentation of price

30-12-307. Misrepresentation of price.
Whenever any commodity or service is sold or is offered, exposed, or advertised for sale by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of the numerals representing the whole cents.
History: En. Sec. 24, Ch. 99, L. 1969; R.C.M. 1947, 90-176.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-401. Meat, poultry, and seafood

30-12-401. Meat, poultry, and seafood.
Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts), and all seafood, except shellfish, offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight. When meat, poultry, or seafood is combined with or associated with some other food element or elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight and the quantity representation may be the total weight of the product or combination and a quantity representation need not be made for each of the several elements of the product or combination.
History: En. Sec. 25, Ch. 99, L. 1969; R.C.M. 1947, 90-177.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-402. Repealed

30-12-402. Repealed.
Sec. 1, Ch. 15, L. 1999.
History: En. Sec. 26, Ch. 99, L. 1969; amd. Sec. 162, Ch. 431, L. 1975; R.C.M. 1947, 90-178.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-403. Repealed

30-12-403. Repealed.
Sec. 1, Ch. 15, L. 1999.
History: En. Sec. 27, Ch. 99, L. 1969; R.C.M. 1947, 90-179.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-404. Repealed

30-12-404. Repealed.
Sec. 1, Ch. 15, L. 1999.
History: En. Sec. 28, Ch. 99, L. 1969; amd. Sec. 1, Ch. 76, L. 1977; R.C.M. 1947, 90-180.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-405. Repealed

30-12-405. Repealed.
Sec. 1, Ch. 15, L. 1999.
History: En. Sec. 29, Ch. 99, L. 1969; R.C.M. 1947, 90-181.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-406. Bulk deliveries sold in terms of weight and delivered by vehicle

30-12-406. Bulk deliveries sold in terms of weight and delivered by vehicle.
(1) When a vehicle delivers to an individual purchaser a commodity in bulk and the commodity is sold in terms of weight units, the delivery must be accompanied by a duplicate delivery ticket with the following information clearly stated in ink or by means of other indelible marking equipment and in clarity equal to type or printing:
(a) the name and address of the vendor;
(b) the name and address of the purchaser;
(c) the net weight of the delivery expressed in pounds; and
(d) if the net weight was determined by split weighing pursuant to 30-12-107 or 30-12-306.
(2) If the net weight is derived from determinations of gross and tare weights, the gross and tare weights must also be stated in terms of pounds. One of the delivery tickets must be retained by the vendor, and the other must be delivered to the purchaser at the time of delivery of the commodity or must be surrendered on demand to the department. If the department desires to retain it as evidence, the department shall issue a weight slip in place of the ticket for delivery to the purchaser. If the purchaser carries away the purchase, the vendor is only required to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to the purchaser.
History: En. Sec. 30, Ch. 99, L. 1969; amd. Sec. 163, Ch. 431, L. 1975; R.C.M. 1947, 90-182; amd. Sec. 947, Ch. 56, L. 2009; amd. Sec. 3, Ch. 296, L. 2013.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-407. Furnace and stove oil

30-12-407. Furnace and stove oil.
All furnace and stove oil shall be sold by liquid measure or by net weight in accordance with the provisions of 30-12-301. In the case of each delivery of such liquid fuel not in package form and in an amount greater than 10 gallons in the case of sale by liquid measure or 100 pounds in the case of sale by weight, there shall be rendered to the purchaser, either at the time of delivery or within a period mutually agreed upon in writing or otherwise between the vendor and the purchaser, a delivery ticket or a written statement on which, in ink or by means of other indelible marking equipment and in clarity equal to type or printing, there shall be clearly stated:
(1) the name and address of the vendor;
(2) the name and address of the purchaser;
(3) the identity of the type of fuel comprising the delivery;
(4) the unit price (that is, the price per gallon or per pound, as the case may be) of the fuel delivered;
(5) in the case of sale by liquid measure, the liquid volume of the delivery, together with any meter readings from which such liquid volume has been computed, expressed in terms of the gallon and its binary or decimal subdivisions; and
(6) in the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which such net weight has been computed, expressed in terms of tons or pounds avoirdupois.
History: En. Sec. 31, Ch. 99, L. 1969; R.C.M. 1947, 90-183.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-408. Berries and small fruits

30-12-408. Berries and small fruits.
Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint, or 1 dry quart.
History: En. Sec. 32, Ch. 99, L. 1969; amd. Sec. 164, Ch. 431, L. 1975; R.C.M. 1947, 90-184.