reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-208. Licenses and schedule of license fees

81-22-208. Licenses and schedule of license fees.
(1) Licenses and license fees required under this part must be established by the department for the following facilities and activities:
(a) a manufactured dairy products plant. However, a plant license is not required of a retail food establishment licensed as provided in Title 50, chapter 50, and a license is not required to manufacture nondairy products when only nondairy products are manufactured.
(b) a cream station. However, a license is not required if the cream station is owned and operated by a licensed plant, but the milk and cream, equipment, premises, and means of transporting milk or cream are subject to official inspection.
(c) a dairy producing milk for manufacturing purposes. However, a dairy license is not required if the dairy farm is licensed by the department to produce and sell milk or cream in the form in which it is originally produced as required by 81-21-102.
(d) a grader-weigher-sampler, tester, and hauler. However, a separate grader-weigher-sampler, tester, and hauler license is required whether a person performing these activities owns and operates the plant, is employed by the plant, or is self-employed.
(2) (a) A license is valid on the date issued and expires on December 31 of that year unless suspended or revoked by the department. A license must be renewed by the first January 31 following the expiration date. A license renewal application form may be supplied by the department. The license renewal application form when returned to the department must be accompanied by the correct license fee.
(b) A license must be posted in conspicuous view at the place of business.
(c) A license is not transferable from place to place or from person to person.
(3) A penalty fee in an amount established by rule by the department may be imposed on a person who fails to apply for renewal of a license if under this part that person is required to be licensed.
(4) All license fees collected under this section must be deposited in the general fund.
History: En. Sec. 1, Ch. 451, L. 1973; R.C.M. 1947, 3-24-112.1; amd. Sec. 28, Ch. 444, L. 1983; amd. Sec. 352, Ch. 418, L. 1995; amd. Sec. 552, Ch. 546, L. 1995; amd. Sec. 30, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-209. License requirements applicable

81-22-209. License requirements applicable.
The licenses required under this part apply only to those licenses issued by the department. This part does not repeal or abrogate the authority of or the issuance of licenses by the department of public health and human services.
History: En. Sec. 42, Ch. 413, L. 1971; amd. Sec. 36, Ch. 310, L. 1974; R.C.M. 1947, 3-24-129; amd. Sec. 353, Ch. 418, L. 1995; amd. Sec. 553, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 3. Inspection › 81-22-301. Tests and analyses -- admissibility as evidence

81-22-301. Tests and analyses -- admissibility as evidence.
(1) The department may require a chemist, biologist, microbiologist, serologist, or other qualified employee of the department of public health or other laboratory approved by the department to test or analyze samples of milk, cream, manufactured dairy products, or products made in the semblance or imitation of these products.
(2) (a) The following tests or analyses may be used:
(i) an appropriate test method listed in Standard Methods for the Examination of Dairy Products, current edition--American Public Health Association, Inc., or in Standard Methods for the Examination of Water and Waste Water, current edition--American Public Health Association, Inc.;
(ii) the methods in the Official Methods of Analysis of the Association of Official Analytical Chemists, current edition as published by the association of official analytical chemists; or
(iii) any other appropriate tests approved by the department.
(b) The results of these tests or analyses are admissible as prima facie evidence of the facts disclosed in a court, hearing, or proceeding arising under this chapter when the tests or analyses are identified by the sample numbers and verified by the department representative and analyst handling them. These tests and analyses must be designated and referred to as "official tests".
History: En. Sec. 11, Ch. 413, L. 1971; amd. Sec. 18, Ch. 310, L. 1974; amd. Sec. 5, Ch. 12, L. 1977; R.C.M. 1947, 3-2498; amd. Sec. 354, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 3. Inspection › 81-22-302. Taking and preservation of samples

81-22-302. Taking and preservation of samples.
(1) A person purchasing or sampling milk or cream for manufacture, sale, or shipment and paying for the milk or cream on the basis of the butterfat, protein, solids, or other compound components contained in the milk or cream as determined by official test, when receiving the milk or cream, shall take a sample of the milk or cream.
(2) All samples taken shall be plainly marked or labeled on the records of the purchaser or sampler to correspond with the name of the person from whom the purchase was made or sample obtained. The record of purchase shall also show the weight of the milk or cream, the results of the analysis, the date of sampling, and the amount paid. All milk and cream samples on which payment for butterfat, protein, solids, or other components is based shall be kept and suitably preserved by the purchaser for a minimum of 14 days following testing in the case of milk and for at least 2 days in the case of cream. These samples are subject to retest by the department.
(3) This section does not prohibit the weighing or measuring of milk in and sampling of milk from farm bulk milk tanks or the use of composite or single samples of milk according to rules adopted by the department or the test procedures prescribed in this chapter.
History: En. Sec. 12, Ch. 413, L. 1971; amd. Sec. 19, Ch. 310, L. 1974; R.C.M. 1947, 3-2499.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 3. Inspection › 81-22-303. Sampling and testing by department

81-22-303. Sampling and testing by department.
(1) Except as provided in subsection (2), the department has the authority to sample, test, or retest samples of milk or cream or their products at any dairy, at the premises of any supplier of milk or cream for manufacturing purposes, or at any manufactured dairy products plant, milk plant, or cream buying or receiving station.
(2) The department may not sample, test, or retest milk or cream sold as homemade food pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 16, Ch. 413, L. 1971; R.C.M. 1947, 3-24-103; amd. Sec. 20, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 3. Inspection › 81-22-304. Department's right of entry into dairy or plants for inspection -- penalty

81-22-304. Department's right of entry into dairy or plants for inspection -- penalty.
(1) The department or its authorized agent has the right of entry during normal business hours, including Sundays and holidays, into a dairy supplying milk or cream for manufacturing purposes, manufactured dairy products plant, milk plant, cream receiving station, transportation facility, or any premises where dairy products, dairy manufactured products, or their substitutes or imitations are produced, manufactured, sold, offered for sale, or stored while in transit to inspect the dairy or plant, its facilities and products, or to obtain samples for testing or analysis. It is unlawful for a person to interfere with the department or its authorized agent in the performance of its duty to enter, inspect, or obtain samples.
(2) Violation of this section is a misdemeanor and subjects the offender to a fine of not less than $50 and not more than $500 or to imprisonment in the county jail for not less than 1 or more than 30 days or both such fine and imprisonment.
(3) The department's right of entry under this section does not apply to small dairies selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 27, Ch. 413, L. 1971; amd. Sec. 30, Ch. 310, L. 1974; R.C.M. 1947, 3-24-114; amd. Sec. 21, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 3. Inspection › 81-22-305. Cooperative agreements with other agencies

81-22-305. Cooperative agreements with other agencies.
(1) The department may enter into cooperative working agreements with state, county, city, and town departments and their political or departmental subdivisions to facilitate the performance of its functions or duties.
(2) This section permits the department to establish cooperative working agreements with health departments, sanitarians, or health officers when special investigations, sampling, or analyses are considered advisable.
History: En. Sec. 28, Ch. 413, L. 1971; amd. Sec. 31, Ch. 310, L. 1974; R.C.M. 1947, 3-24-115.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-401. Grading of milk -- condemnation of unsafe milk

81-22-401. Grading of milk -- condemnation of unsafe milk.
Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, milk or cream purchased for use in milk plants or for use in a manufactured dairy product in this state must be graded by licensed graders, weighers, and samplers. It is unlawful to sell, purchase, or use milk or cream for a food purpose if the milk or cream is found to be musty, adulterated, rancid, dirty, with marked undesirable odors or flavors, or to contain foreign objects, fragments, substances, or excessive bacteria. The milk or cream grader or the department shall condemn the milk or cream and may add to the milk or cream a nontoxic coloring substance or rennet and return it to or leave it with the producer with an explanation of the cause for rejection.
History: En. Sec. 17, Ch. 413, L. 1971; amd. Sec. 23, Ch. 310, L. 1974; R.C.M. 1947, 3-24-104; amd. Sec. 22, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-402. Employment of grader, weigher, and sampler -- revocation of operator's license

81-22-402. Employment of grader, weigher, and sampler -- revocation of operator's license.
(1) Persons receiving or purchasing milk or cream and persons collecting milk or cream on milk or cream routes shall provide a licensed grader, weigher, and sampler at each receiving station or for each route.
(2) A person who knowingly employs an unlicensed person as a grader, weigher, and sampler or one whose license has been revoked or suspended is subject to revocation of that person's own license to operate a manufactured dairy products plant or cream or milk receiving station or to the penalties prescribed in this chapter.
History: En. Sec. 18, Ch. 413, L. 1971; amd. Sec. 24, Ch. 310, L. 1974; R.C.M. 1947, 3-24-105(1), (3); amd. Sec. 2706, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-403. Plans for construction, remodeling, or relocation of manufacturing plant

81-22-403. Plans for construction, remodeling, or relocation of manufacturing plant.
(1) Before the construction, extensive remodeling, or relocation of a dairy products manufacturing plant, detailed plans must be submitted to the department for review and approval before construction, remodeling, or relocation begins. The plans must show:
(a) size of rooms;
(b) type of building material;
(c) lighting and electrical system;
(d) ventilation;
(e) location of water supply;
(f) sewage disposal;
(g) materials to be used in floors, walls, and ceilings;
(h) location and type of floor drains;
(i) plumbing, plumbing fixtures, equipment; and
(j) the makes, models, and serial numbers of new or used equipment or machinery being added to or replacing existing equipment or machinery.
(2) Replacement equipment must be of the NSF or 3A standard approved types unless otherwise approved by the department. Construction and materials must conform to rules of the department and of building, electrical, and plumbing codes in effect in the area.
(3) Wastewater, sewage, and air pollutants must be disposed by means approved by the department of environmental quality, and evidence must be submitted that approval has been obtained from the department of environmental quality.
History: En. Sec. 23, Ch. 413, L. 1971; amd. Sec. 27, Ch. 310, L. 1974; R.C.M. 1947, 3-24-110; amd. Sec. 355, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-404. Removal or destruction of products in case of potential health hazards

81-22-404. Removal or destruction of products in case of potential health hazards.
(1) When epidemiological evidence indicates or the likelihood exists that a dairy or manufactured dairy products plant is producing, manufacturing, storing, handling, or offering for sale milk or a manufactured dairy product that is adulterated or that may be detrimental to the health or safety of the consumer, the department may request the department of public health and human services to remove the product from the market or to hold, dispose of, destroy, or treat the product so that it no longer constitutes a potential health hazard.
(2) It is unlawful for a person to violate an order that requires the product's removal from the market or its retention, disposal, destruction, or treatment. Violation is punishable as a misdemeanor, and each violation is subject to a fine of not less than $25 or more than $250 or to imprisonment in the county jail for not more than 30 days, or both fine and imprisonment.
History: En. Sec. 26, Ch. 413, L. 1971; amd. Sec. 29, Ch. 310, L. 1974; R.C.M. 1947, 3-24-113; amd. Sec. 356, Ch. 418, L. 1995; amd. Sec. 554, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-405. Labeling of cheese containers

81-22-405. Labeling of cheese containers.
Except for a small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, it is unlawful and punishable as a misdemeanor for any person to offer for sale, expose for sale, or sell any cheese in any container or wrapper unless such container or wrapper bears a legible label or inscription indicating the net weight, type or style of cheese, and the manufacturer's or distributor's name and address or plant number.
History: En. Sec. 30, Ch. 413, L. 1971; R.C.M. 1947, 3-24-117(part); amd. Sec. 23, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-406. Products to be kept at safe temperature

81-22-406. Products to be kept at safe temperature.
All manufactured dairy products which are handled, displayed, transported, exposed for sale, offered for sale, or sold in Montana shall be considered perishable and potentially hazardous and shall be kept at safe temperature or below; provided, however, that:
(1) nothing in this requirement shall be construed as prohibiting higher temperatures which are necessary for curing, ripening, or aging of certain cheeses and cultured products; and
(2) this section does not apply to manufactured dairy products packaged in hermetically sealed containers or sterile manufactured dairy products which do not require refrigeration for their safekeeping.
History: En. Sec. 30, Ch. 413, L. 1971; R.C.M. 1947, 3-24-117(part).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-407. Sanitary regulation of imported products

81-22-407. Sanitary regulation of imported products.
(1) All manufactured dairy products or imitations or products made in semblance thereof, covered by this chapter, shipped into Montana for sale, display, or use must be produced under the same or equivalent sanitary regulations and requirements as govern the production of such products in Montana.
(2) Unless the sanitary conditions of manufacture and standards of identity conform to the same or equivalent standards required by the laws or regulations of this state, such products shall not be sold, given away, displayed, transported into, or used in Montana.
History: En. Sec. 31, Ch. 413, L. 1971; R.C.M. 1947, 3-24-118.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-408. Manufacturer's and wholesaler's or retailer's names to appear on package -- use of codes and numbers permitted

81-22-408. Manufacturer's and wholesaler's or retailer's names to appear on package -- use of codes and numbers permitted.
(1) All manufactured dairy products sold, offered, displayed, or exposed for sale at wholesale or retail in this state, wherever manufactured, must be packaged in a protective wrapper or package and must have the manufacturer's and wholesaler's or retailer's names clearly printed in a conspicuous place on the package or wrapper in which it is sold.
(2) If a manufactured dairy product is packaged in a plant other than that of the plant whose name appears on the package or wrapper, the package or wrapper shall also show the name of the plant at which the product was packaged or wrapped.
(3) This section does not prevent the use of codes or numbers which designate the packaging or wrapping plant if these codes or numbers are registered with the department.
History: En. Sec. 32, Ch. 413, L. 1971; amd. Sec. 33, Ch. 310, L. 1974; R.C.M. 1947, 3-24-119; amd. Sec. 14, Ch. 14, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-409. Adulterating milk or cream unlawful

81-22-409. Adulterating milk or cream unlawful.
(1) It shall be unlawful for any person to adulterate milk or cream produced or sold for manufacturing purposes or for any manufactured dairy product to contain an adulterant. For purposes of this chapter, the presence of any antimicrobial substance, pesticide residuals, unapproved coloring, food additives, or foreign substances added directly to or assimilated into such products which are not explicitly allowed in the Code of Federal Regulations, except for the addition of adulterants for rejection purposes, shall be deemed adulterated. Violations of this subsection shall be misdemeanors and shall be punishable by fine or imprisonment, or both, as provided in this chapter.
(2) It shall be unlawful for any person to sell, manufacture, exchange, display, or offer or expose for sale or exchange, as milk or cream, any impure, colored, adulterated, or unwholesome milk or cream or any substance in the semblance or imitation of milk or cream, nor shall any such impure, colored, adulterated, or unwholesome milk or cream be used in the manufacture of any article of food for human beings.
History: (1)En. Sec. 37, Ch. 413, L. 1971; Sec. 3-24-124, R.C.M. 1947; (2)En. Sec. 33, Ch. 413, L. 1971; Sec. 3-24-120, R.C.M. 1947; R.C.M. 1947, 3-24-120, 3-24-124.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-410. Manufacture, sale, or importation of products containing extraneous fats

81-22-410. Manufacture, sale, or importation of products containing extraneous fats.
It shall be unlawful for any person to manufacture, mix, compound with, or add to milk, cream, or any manufactured dairy products or to transport into Montana any manufactured dairy product containing foreign animal fats or foreign animal or vegetable oils or products containing nonapproved ingredients with the intent to sell the same as milk, cream, or manufactured dairy products except as allowed under the law and/or regulations of Montana, nor shall any person possess, solicit orders for display, or sell any such article, substance, or compound as or for milk, cream, or manufactured dairy products.
History: En. Sec. 34, Ch. 413, L. 1971; R.C.M. 1947, 3-24-121.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-411. Filled dairy products unlawful -- exceptions

81-22-411. Filled dairy products unlawful -- exceptions.
(1) Filled dairy products resemble genuine dairy products so closely that they lend themselves readily to substitution for and confusion with such dairy products and in many cases cannot be distinguished from genuine dairy products by the ordinary consumer or ordinary laboratory procedures. The manufacture, sale, exchange, purveying, transportation, possession, or offering for sale or exchange or purveyance of filled dairy products lends itself to substitution, confusion, deception, and fraud and if permitted, tends to interfere with the orderly and fair marketing of foods essential to the well-being of the people of this state. It is hereby declared to be the purpose of this chapter to:
(a) correct, prevent, and eliminate the condition above referred to;
(b) protect the public from confusion, fraud, and deception;
(c) prohibit practices inimical to the general welfare; and
(d) promote the orderly and fair marketing of essential foods.
(2) It is unlawful:
(a) for any person to manufacture, sell, exchange, display, purvey, transport, or possess any filled dairy product or to offer or expose for sale or exchange or to be purveyed any such product in intrastate commerce;
(b) for any person owning or operating a bakery, confectionery shop, factory, or other place where food products are prepared or manufactured for sale, exchange, or purveyance to the public in intrastate commerce to utilize any filled dairy product as an ingredient in any food product so manufactured or prepared;
(c) for any person knowingly to sell, exchange, purvey, transport, or possess any food product in intrastate commerce in which any filled dairy product is an ingredient.
(3) The term "filled dairy product" does not mean or include:
(a) oleomargarine;
(b) any distinctive proprietary food compound not readily mistaken for a dairy product where such compound is customarily used on the order of a physician and is prepared and designed for medicinal or special dietary use and prominently so labeled;
(c) any frozen dessert containing animal fat (other than butterfat) or vegetable fat when the container is properly labeled;
(d) any dairy product flavored with chocolate or cocoa where the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used; or
(e) any dairy product in which the vitamin content has been increased and food oil utilized as a carrier of such vitamins provided the quantity of such food oil does not exceed 1/100 of 1% of the weight of the finished dairy product.
History: En. Sec. 35, Ch. 413, L. 1971; amd. Sec. 6, Ch. 12, L. 1977; R.C.M. 1947, 3-24-122.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-412. Manufactured products to conform to standards of identity

81-22-412. Manufactured products to conform to standards of identity.
Except for a small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, it is unlawful for any person to manufacture, display, transport, sell, or offer for sale in Montana as a manufactured dairy product any substance or product which does not conform to the standards of identity for such product as defined in the Code of Federal Regulations or to the standard of identity established by the department.
History: En. Sec. 36, Ch. 413, L. 1971; R.C.M. 1947, 3-24-123; amd. Sec. 24, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-413. Pasteurization required

81-22-413. Pasteurization required.
(1) All milk and cream used in the manufacture of any dairy product or products made in semblance or imitation of dairy products sold, offered for sale, purveyed, stored, displayed, or transported in Montana must be pasteurized. However, cheese held, stored, or aged for at least 60 days at not less than 35 degrees F is not required to be made from pasteurized milk or cream but must be labeled "made from raw or unpasteurized milk or unpasteurized cream", as the case may be. Other cultured raw or unpasteurized dairy products that can be made safe by aging must be similarly aged and labeled as required above.
(2) The pasteurization and labeling requirements of this section do not apply to milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 39, Ch. 413, L. 1971; R.C.M. 1947, 3-24-126; amd. Sec. 15, Ch. 14, L. 1979; amd. Sec. 25, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-414. Pasteurization apparatus and records

81-22-414. Pasteurization apparatus and records.
(1) The department may adopt rules that it considers necessary to ensure proper control and use of all equipment used in the process of pasteurization. The department may require the operation of devices and apparatus that are needed to accurately record and indicate temperatures to which and the length of time for which the pasteurized product has been heated, including those periods and temperatures when the equipment is cleaned and sanitized by C.I.P. method. A person using pasteurizing equipment in this state shall properly record and have available to the department for the preceding 2 months all records pertaining to the pasteurization of any product. These records must at all times be open to the inspection of the department, the department of public health and human services, and all other state, county, and municipal officers charged with the enforcement of laws and ordinances respecting dairy products or the public health.
(2) Pasteurizing equipment that records temperatures or controls the time of holding must be timed, set, and sealed by the department. The seals may not be removed or broken without first notifying the department.
History: En. Sec. 40, Ch. 413, L. 1971; amd. Sec. 34, Ch. 310, L. 1974; amd. Sec. 7, Ch. 12, L. 1977; R.C.M. 1947, 3-24-127; amd. Sec. 357, Ch. 418, L. 1995; amd. Sec. 555, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-415. Pasteurization labeling

81-22-415. Pasteurization labeling.
It is unlawful for a person to sell, offer for sale, exchange, or have in the person's possession milk, cream, or a manufactured dairy product in a container or package marked or labeled or in any way designating the contents of the container or package as "pasteurized" unless it has been treated by an approved process of pasteurization as required by the department.
History: En. Sec. 41, Ch. 413, L. 1971; amd. Sec. 35, Ch. 310, L. 1974; R.C.M. 1947, 3-24-128; amd. Sec. 2707, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-416. Milk and manufactured dairy products to conform to standards

81-22-416. Milk and manufactured dairy products to conform to standards.
Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, all milk and cream used in manufactured dairy products, and the manufactured dairy products, must conform to the standards of purity, quality, and wholesomeness as provided in this chapter or in the regulations promulgated under the authority of this chapter.
History: En. Sec. 44, Ch. 413, L. 1971; R.C.M. 1947, 3-24-131; amd. Sec. 26, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-417. Making or selling products in violation of chapter prohibited -- penalty

81-22-417. Making or selling products in violation of chapter prohibited -- penalty.
It is unlawful for a person, firm, or corporation or its servant or agent to manufacture, sell, or expose or offer for sale or exchange butter or other substance or commodity defined in this chapter containing less butterfat or other ingredient than required by this chapter. A violator is guilty of a misdemeanor and is punishable under 81-22-601.
History: En. Sec. 4, Ch. 93, L. 1929; amd. Sec. 1, Ch. 39, L. 1931; re-en. Sec. 2620.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1937; amd. Sec. 8, Ch. 310, L. 1974; amd. Sec. 1, Ch. 12, L. 1977; R.C.M. 1947, 3-2404(18).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-418. Posting prices of butterfat required

81-22-418. Posting prices of butterfat required.
All persons who buy milk or cream for manufacturing purposes shall post the current prices for butterfat or other component content of milk or cream in a conspicuous place in the factory or place of business. Such price schedule may be based upon butterfat, protein, solids, or other components of milk or cream and shall indicate upon which of such basis payment is made.
History: En. Sec. 45, Ch. 413, L. 1971; R.C.M. 1947, 3-24-132.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-419. Requirements for containers and equipment

81-22-419. Requirements for containers and equipment.
All containers and equipment used in the manufacture, storage, holding display, and transportation of any manufactured dairy product shall be nontoxic, easily cleanable, and free from dents, cracks, crevices, rust, and any other condition which would prevent cleaning and sanitizing.
History: En. Sec. 47, Ch. 413, L. 1971; R.C.M. 1947, 3-24-134.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-420. Labeling of animal or vegetable fat contents on frozen desserts

81-22-420. Labeling of animal or vegetable fat contents on frozen desserts.
(1) Any frozen dessert made in the semblance of or in imitation of ice cream in this chapter, which contains any amount of animal fat (other than milk fat) or vegetable fat or oil (other than any such fat or oil which is naturally present in any flavoring ingredient), must be labeled as an animal fat product or vegetable fat product, or a combination of both, as the case may be. Such animal fat or vegetable fat products must be manufactured from a pasteurized mix which has been processed in a licensed manufacturing dairy product plant. All persons manufacturing, offering for sale or exchange, or selling such animal fat or vegetable fat frozen desserts are subject to the sanitary, reporting, and licensing regulations of this chapter and of the regulations promulgated under the authority of this chapter.
(2) No representation may be made by statement, word, grade designation, design, symbol, device, or in any other manner on any container, package, or wrapper or on any advertising media that such animal fat or vegetable fat product, or combination thereof, is ice cream, sherbet, or any of their low-fat counterparts or derivatives or any other products which are prohibited from containing animal or vegetable fats.
(3) The container, package, or wrapper containing such animal fat or vegetable fat frozen dessert must be clearly and plainly marked, labeled, or printed on the outside in boldfaced letters with the words, "animal fat product", "vegetable fat product", "animal-vegetable fat product", or "vegetable-animal fat product", as the case may be, and shall bear thereon the common or usual name of each of the ingredients therein, including the fats or oils, except that spices, flavorings, or colorings may be designated as such without naming each.
(4) The labeling requirements of this section do not apply to milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 48, Ch. 413, L. 1971; R.C.M. 1947, 3-24-135; amd. Sec. 27, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 4. Sanitation, Quality, and Labeling Requirements › 81-22-421. Labeling on manufactured dairy products to conform to requirements

81-22-421. Labeling on manufactured dairy products to conform to requirements.
Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, labeling on manufactured dairy products must conform to requirements of the Food, Drug, and Cosmetic Act and to the other requirements that are adopted by the department or the department of public health and human services.
History: En. Sec. 49, Ch. 413, L. 1971; amd. Sec. 37, Ch. 310, L. 1974; R.C.M. 1947, 3-24-136; amd. Sec. 358, Ch. 418, L. 1995; amd. Sec. 556, Ch. 546, L. 1995; amd. Sec. 28, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 5. Records and Reports › 81-22-501. Required records and reports -- examination

81-22-501. Required records and reports -- examination.
The department may require dairies and dairy product manufacturers to maintain and produce for examination or to report the records necessary for carrying out its duties under this chapter.
History: En. Sec. 5, Ch. 413, L. 1971; amd. Sec. 13, Ch. 310, L. 1974; R.C.M. 1947, 3-2492.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 5. Records and Reports › 81-22-502. Monthly report of plant operator -- penalty

81-22-502. Monthly report of plant operator -- penalty.
A person operating a manufactured dairy products plant in this state shall send to the department once a month, not later than the 10th day of the month, a full report of the amounts of butter, cheese, frozen dessert, ice cream, low-fat ice cream, sherbet, water ices, ice milk, freezer-made milk shakes, or other dairy products handled or manufactured during the preceding month, as requested by the department. Any person failing to render the report required by this section or failing to make the report by the date due is guilty of a misdemeanor and subject to the penalties provided in this chapter.
History: En. Sec. 24, Ch. 413, L. 1971; amd. Sec. 28, Ch. 310, L. 1974; R.C.M. 1947, 3-24-111.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 5. Records and Reports › 81-22-503. Buyers and plants to make records available to department

81-22-503. Buyers and plants to make records available to department.
(1) Persons, including cooperatives, who buy or sell milk or cream on the basis of butterfat, protein, solids, or other component content of milk or cream shall make available to the department, on its request, records showing the amounts of milk or cream sold or purchased, the price per pound, the amount paid, the sampling period for which the amount was paid, and the name and address of the person to whom payment was made or from whom payment was received.
(2) A manufactured dairy product plant, on request by the department, shall make available production records of dairy manufactured products covered by this chapter and manufactured products made in semblance or imitation of these dairy products.
(3) Small dairies selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, are exempt from the recordkeeping requirements of this section.
History: En. Sec. 29, Ch. 413, L. 1971; amd. Sec. 32, Ch. 310, L. 1974; R.C.M. 1947, 3-24-116; amd. Sec. 29, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 6. Penalties › 81-22-601. Penalties for violations

81-22-601. Penalties for violations.
(1) A person who violates this chapter, fails to comply with the rules adopted under this chapter, or fails or neglects to obey a lawful order of the department made under this chapter, is guilty of a misdemeanor.
(2) Unless a specific penalty is provided in this chapter or rules for the offense, the offender shall be fined not less than $25 and not more than $500 or imprisoned in the county jail for not to exceed 6 months or both fined and imprisoned.
History: En. Sec. 50, Ch. 413, L. 1971; amd. Sec. 38, Ch. 310, L. 1974; R.C.M. 1947, 3-24-137.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 6. Penalties › 81-22-602. Deceit in grade, measure, or test of milk and cream unlawful

81-22-602. Deceit in grade, measure, or test of milk and cream unlawful.
(1) No person may use a measure or grading or testing apparatus which does not comply with the standards of the department or make any false or inaccurate statement or otherwise deceive or defraud a producer or other person concerning the weight, measure, butterfat content, or other component content of milk or cream.
(2) A person, firm, or corporation who violates this section is guilty of a misdemeanor and shall be fined not more than $300 or imprisoned in the county jail for not more than 2 months or both fined and imprisoned. The department may revoke a license issued to a person, firm, or corporation upon conviction for violation of this section.
History: (1)En. Sec. 1, Ch. 182, L. 1931; amd. Sec. 1, Ch. 169, L. 1933; re-en. Sec. 3572.1, R.C.M. 1935; Sec. 3-113, R.C.M. 1947; amd. and redes. 3-24-138 by Sec. 3, Ch. 218, L. 1974; amd. Sec. 8, Ch. 12, L. 1977; Sec. 3-24-138, R.C.M. 1947; (2)En. Sec. 2, Ch. 182, L. 1931; amd. Sec. 2, Ch. 169, L. 1933; re-en. Sec. 3572.2, R.C.M. 1935; Sec. 3-114, R.C.M. 1947; amd. and redes. 3-24-139 by Sec. 4, Ch. 218, L. 1974; Sec. 3-24-139; R.C.M. 1947; R.C.M. 1947, 3-24-138, 3-24-139.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 1. General Administration › 81-23-103. General powers of department and board

81-23-103. General powers of department and board.
(1) Except for milk produced from a small dairy as defined in 81-21-101, the board shall supervise, regulate, and control the milk industry of this state, including the production, processing, storage, distribution, and sale of milk sold for consumption in this state. The board shall conduct hearings and make determinations under this chapter and under board rules and orders promulgated pursuant to this chapter. This chapter does not affect the status, force, or operation of any provision of public health laws, county board of health rules, or municipal ordinances for the promotion or protection of the public health.
(2) The department may cooperate with the department of public health and human services, a county or city board of health, or the department of agriculture in enforcing this chapter.
(3) The department shall assist the board by investigating all matters pertaining to the production, processing, storage, distribution, and sale of milk in this state and by bringing proceedings to enforce the orders of the board. The department, in exercising its enforcement duties, may subpoena milk dealers, their records, books, and accounts, and any other person from whom information may be desired or considered necessary to carry out the purposes and intent of this chapter. The department may take depositions of witnesses who are sick or absent from the state or who cannot otherwise appear in person before the department at its offices. The department shall give at least 10 days' notice to the proposed witness.
(4) The department shall provide staff to the board as provided in 2-15-121 to assist in technical, enforcement, and regulatory activities.
History: En. Sec. 5, Ch. 204, L. 1939; amd. Sec. 3, Ch. 192, L. 1959; amd. Sec. 4, Ch. 4, L. 1967; amd. Sec. 1, Ch. 267, L. 1975; amd. Sec. 90, Ch. 431, L. 1975; amd. Sec. 1, Ch. 19, L. 1977; R.C.M. 1947, 27-405; amd. Sec. 3, Ch. 333, L. 1995; amd. Sec. 359, Ch. 418, L. 1995; amd. Sec. 558, Ch. 546, L. 1995; amd. Sec. 3, Ch. 361, L. 2009; amd. Sec. 30, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 1. General Administration › 81-23-104. Rules and orders

81-23-104. Rules and orders.
The board may adopt and enforce rules and orders necessary to carry out the provisions of this chapter and any orders adopted under it by the board. A rule or order must be posted for public inspection in the main office of the department for 30 days, and a copy must be filed in the office of the department. A copy must also be sent by registered or certified letter to the secretary of each area, except in the case of an order directed only to a person or persons named in it, which must be served by personal delivery of a copy or by mailing a copy to each person to whom the order is directed or, in the case of a corporation, to any officer or agent of the corporation upon whom a summons may be served in accordance with laws of this state. The posting, in the main office of the department, of a rule or order not required to be personally served as provided in this section and the filing in the office of the department is sufficient notice to all persons affected by the rule or order. A rule or order when properly posted and filed or served, as provided in this section, has the force of law.
History: En. Sec. 13, Ch. 204, L. 1939; amd. Sec. 97, Ch. 431, L. 1975; R.C.M. 1947, 27-413; amd. Sec. 4, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 1. General Administration › 81-23-105. Testing of milk

81-23-105. Testing of milk.
(1) For the purpose of determining the value of milk supplied by producers during routine audits of milk processing plants that receive raw milk directly from producers, the department may establish a program of testing raw milk.
(2) The department may levy an assessment on licensed producers to secure the necessary funds to administer this program. This assessment is in addition to those provided in 81-23-202.
(3) All personnel employed in the sampling and testing program must be licensed by the animal health division of the department.
(4) The department may conduct all types of sampling, grading, and testing techniques that the department considers necessary to carry out the intent of this section.
History: En. 27-430 by Sec. 1, Ch. 245, L. 1977; R.C.M. 1947, 27-430; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 1, Ch. 316, L. 1985; amd. Sec. 4, Ch. 333, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 1. General Administration › 81-23-106. Application

81-23-106. Application.
This chapter does not apply to foreign or interstate commerce except insofar as it may be effective in compliance with the United States constitution and with the laws of the United States. It is the intention of the legislature, however, that the instant, whenever that may be, that the handling within the state by a dealer of milk produced outside of the state becomes the subject of regulation by the state in the exercise of its police powers, the provisions of this chapter affecting intrastate milk immediately apply and the powers conferred by this chapter attach thereto.
History: En. Sec. 23, Ch. 204, L. 1939; amd. Sec. 106, Ch. 431, L. 1975; R.C.M. 1947, 27-423(2).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 2. Licensing › 81-23-201. Licenses to producers, producer-distributors, distributors, and jobbers

81-23-201. Licenses to producers, producer-distributors, distributors, and jobbers.
In a market where the provisions of this chapter apply, it is unlawful for a producer, producer-distributor, distributor, or jobber to produce, transport, process, store, handle, distribute, buy, or sell milk unless the dealer is properly licensed as provided by this chapter. It is unlawful for a person to buy, sell, handle, process, or distribute milk that the person knows or has reason to believe has been previously dealt with or handled in violation of any provision of this chapter. The board may decline to grant a license or may suspend or revoke a license already granted upon due cause and after hearings.
History: En. Sec. 8, Ch. 204, L. 1939; amd. Sec. 4, Ch. 107, L. 1971; amd. Sec. 93, Ch. 431, L. 1975; R.C.M. 1947, 27-408; amd. Sec. 2708, Ch. 56, L. 2009; amd. Sec. 5, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 2. Licensing › 81-23-203. Application for licenses

81-23-203. Application for licenses.
An applicant for license to operate as a producer, producer-distributor, distributor, or jobber shall file a signed application upon a blank prepared by the department and containing the information required by the board. The application must certify the applicant to be the holder of all licenses required by the board for the conduct of the applicant's business or, in the case of milk entering this state from another state or foreign nation, compliance with the requirements of the Montana Food, Drug, and Cosmetic Act. The application must be accompanied by the license fee required to be paid.
History: En. Sec. 10, Ch. 204, L. 1939; amd. Sec. 7, Ch. 192, L. 1959; amd. Sec. 6, Ch. 107, L. 1971; amd. Sec. 95, Ch. 431, L. 1975; R.C.M. 1947, 27-410; amd. Sec. 6, Ch. 333, L. 1995; amd. Sec. 7, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 2. Licensing › 81-23-204. Declining, suspending, and revoking licenses -- penalties in lieu of suspension or revocation

81-23-204. Declining, suspending, and revoking licenses -- penalties in lieu of suspension or revocation.
(1) The board may refuse to grant a license or may suspend or revoke a license already granted for due cause upon due notice and after hearing. The violation of any provisions of this chapter or of any lawful order or rule of the board, the failure or refusal to make required statements or reports, or failure to pay license or assessment fees are causes for which the board may suspend or revoke a license.
(2) In place of suspension or revocation of a license, the board may assess a civil penalty not to exceed $500 per day for each daily failure to comply with or each daily violation of the provisions of this chapter or of any lawful order or rule of the board. A penalty may not be assessed until after the cause of the penalty has been upheld following the notice and hearing requirements of subsection (1). If the person against whom a civil penalty is assessed fails to pay the civil penalty immediately, the board shall collect the civil penalty by a civil proceeding in the district court of the first judicial district. This penalty must be construed as civil and not criminal in nature. Any money received by the board as a result of collection of civil penalties must be paid into the state special revenue fund as provided by 81-23-403.
History: En. Sec. 11, Ch. 204, L. 1939; amd. Sec. 7, Ch. 107, L. 1971; amd. Sec. 96, Ch. 431, L. 1975; R.C.M. 1947, 27-411; amd. Sec. 3, Ch. 23, L. 1983; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 8, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 2. Licensing › 81-23-205. Repealed

81-23-205. Repealed.
Sec. 7, Ch. 23, L. 1983.
History: En. Sec. 10, Ch. 192, L. 1959; amd. Sec. 7, Ch. 4, L. 1967; amd. Sec. 108, Ch. 431, L. 1975; R.C.M. 1947, 27-426.