reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 3. Rendering or Disposal Plants › 81-9-317. Penalty

81-9-317. Penalty.
Any person who violates any of the provisions of 81-9-311 through 81-9-317 or who willfully falsifies any of the records required by 81-9-311 through 81-9-317 to be kept shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50 or more than $250 or by imprisonment in the county jail for a period of not less than 30 days or more than 90 days or by both such fine and imprisonment.
History: En. Sec. 7, Ch. 87, L. 1949; R.C.M. 1947, 46-2413.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-401. Definitions

81-9-401. Definitions.
(1) "Animal hide" means the hide of a bovine, equine, mule, ass, sheep, goat, or swine of any age, sex, or breed.
(2) "Hide certificate" means a certificate showing a transfer of ownership of animal hides.
(3) "Hide dealer" or "buyer" means, for the purpose of this part, every person, firm, corporation, or association engaged in the business of buying or selling animal hides. However, licensed slaughterhouses shall not be deemed hide dealers or buyers.
(4) "Inspector" means a state stock inspector or deputy state stock inspector, as defined in 81-3-201, appointed by the department of livestock.
(5) "Seller" means a person selling or delivering animal hides for or without a pecuniary consideration.
History: (1), (2), (4), (5)En. Sec. 1, Ch. 44, L. 1961; amd. Sec. 142, Ch. 310, L. 1974; Sec. 46-1101.1, R.C.M. 1947; (3)En. Sec. 1, Ch. 151, L. 1929; re-en. Sec. 3350.7, R.C.M. 1935; amd. Sec. 1, Ch. 177, L. 1939; amd. Sec. 4, Ch. 44, L. 1961; Sec. 46-1106, R.C.M. 1947; R.C.M. 1947, 46-1101.1, 46-1106; amd. Sec. 1, Ch. 236, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-402. Hide certificate -- identification

81-9-402. Hide certificate -- identification.
(1) A seller of an animal hide shall obtain a hide certificate from the person receiving the hide. The department shall prescribe the form of the certificate, which must include the marks and brands on each hide. The party receiving the hide shall designate where it will be kept for 30 days following delivery. The certificate must be signed by the seller or the seller's agent and the person receiving the hide.
(2) The original certificate must be sent by the party receiving the hide to the department within 5 days after purchase. One copy must be retained by the seller, and one must be retained by the hide buyer. On reasonable notice, an inspector or other agent of the department or a peace officer may inspect the hide certificate copy of the seller or buyer.
(3) The department shall prescribe an identification tag to be affixed to each hide by the person receiving the hide when it is delivered. Hide certificates, tags, and glue must be furnished by the department at cost to any person requiring the certificates, tags, and glue. Only those certificates, tags, and glue distributed by the department may lawfully be used under this part.
History: En. Sec. 2, Ch. 44, L. 1961; amd. Sec. 143, Ch. 310, L. 1974; amd. Sec. 45, Ch. 12, L. 1977; R.C.M. 1947, 46-1101.2; amd. Sec. 2, Ch. 236, L. 1979; amd. Sec. 2698, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-403. Seizure and sale of hides when ownership cannot be determined -- disposition of proceeds

81-9-403. Seizure and sale of hides when ownership cannot be determined -- disposition of proceeds.
(1) A state stock inspector or other officer who has authority to make an inspection of a slaughtered beef, veal, or hide of a beef or veal may seize and hold the hide when on inspection the officer finds that the brand is so altered, obliterated, or defaced that the original brand cannot be determined by a reasonable inspection or when the inspector or officer finds that ownership cannot be established by the brand or by other satisfactory proof.
(2) If, within 15 days after the seizure of the hide, proof of ownership cannot be established either by brand, bill of sale, or otherwise, the inspector or officer may sell the hide at the best available price and remit the proceeds, less the cost of processing, storing, and selling, to the department together with a full report of the investigation. The report must contain a statement of the reason for the seizure and sale together with any tendered proof of ownership of any party. The proceeds must be deposited by the department with the state treasurer and credited to the stock estray fund, where it is subject to claim by a party showing proper proof of ownership in the same manner as provided in 81-4-605.
History: En. Sec. 1, Ch. 113, L. 1961; amd. Sec. 145, Ch. 310, L. 1974; R.C.M. 1947, 46-1114; amd. Sec. 2699, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-411. Hide dealer or buyer's license fee -- disposition of proceeds

81-9-411. Hide dealer or buyer's license fee -- disposition of proceeds.
Before engaging in business in this state, a hide dealer or buyer shall obtain a license from the department. The department shall establish an annual license fee to be charged for each established place of business at which the hide dealer or buyer purchases or deals in hides. The license continues in force for that calendar year. The moneys collected from the licenses shall be placed in the state special revenue fund for the department. The license must be renewed January 1 of each year.
History: En. Sec. 2, Ch. 151, L. 1929; re-en. Sec. 3350.8, R.C.M. 1935; amd. Sec. 2, Ch. 177, L. 1939; amd. Sec. 5, Ch. 44, L. 1961; amd. Sec. 4, Ch. 248, L. 1965; amd. Sec. 144, Ch. 310, L. 1974; amd. Sec. 48, Ch. 12, L. 1977; R.C.M. 1947, 46-1107; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 22, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-412. License revocation

81-9-412. License revocation.
Upon receipt of a certified copy of the judgment of conviction of any hide dealer or buyer for any violation of this part, the department may revoke the license of such person for 1 year commencing on the date of the licensee's conviction.
History: En. Sec. 6, Ch. 44, L. 1961; amd. Sec. 49, Ch. 12, L. 1977; R.C.M. 1947, 46-1107.1(2).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-421. Falsifying hide certificate or failure to affix tag deemed a misdemeanor

81-9-421. Falsifying hide certificate or failure to affix tag deemed a misdemeanor.
(1) Any person, firm, association, or corporation either selling or disposing of or purchasing hides in any manner who shall willfully or intentionally falsify a hide certificate covering such hides shall be deemed guilty of a misdemeanor.
(2) Any person who shall have received any hide as provided in this part without affixing the required identification tag shall be deemed guilty of a misdemeanor.
History: En. Sec. 2, Ch. 61, L. 1923; re-en. Sec. 3350.2, R.C.M. 1935; amd. Sec. 4, Ch. 177, L. 1939; amd. Sec. 3, Ch. 44, L. 1961; R.C.M. 1947, 46-1102.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-422. Acting without a license a misdemeanor

81-9-422. Acting without a license a misdemeanor.
Any person acting as a hide dealer or buyer without a license as required by this part is guilty of a misdemeanor.
History: En. Sec. 6, Ch. 44, L. 1961; amd. Sec. 49, Ch. 12, L. 1977; R.C.M. 1947, 46-1107.1(1).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-423. Mutilation or concealment of hides a felony

81-9-423. Mutilation or concealment of hides a felony.
Every person who knowingly mutilates, destroys, or conceals an animal hide for the purpose of removing evidence of ownership of such hide or the animal from which the hide was removed is guilty of a felony and punishable upon conviction thereof by a fine of not less than $500 or more than $5,000 or imprisonment in the state prison for not less than 1 year or more than 10 years, or both.
History: Ap.p. Sec. 1, Ch. 76, L. 1923; re-en. Sec. 3350.4, R.C.M. 1935; amd. Sec. 46, Ch. 12, L. 1977; Sec. 46-1103, R.C.M. 1947; Ap.p. Sec. 3, Ch. 76, L. 1923; re-en. Sec. 3350.6, R.C.M. 1935; Sec. 46-1105, R.C.M. 1947; R.C.M. 1947, 46-1103, 46-1105; amd. Sec. 3, Ch. 236, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 9. Slaughter › Part 4. Hide Dealers › 81-9-424. Repealed

81-9-424. Repealed.
Sec. 1, Ch. 105, L. 1993.
History: En. Sec. 2, Ch. 76, L. 1923; re-en. Sec. 3350.5, R.C.M. 1935; amd. Sec. 47, Ch. 12, L. 1977; R.C.M. 1947, 46-1104; amd. Sec. 11, Ch. 14, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 10. Horse Owner Amnesty › Part 1. General Provisions › 81-10-102. Horse owner amnesty for horse transferred to department -- fees

81-10-102. Horse owner amnesty for horse transferred to department -- fees.
(1) A horse owner who is unable to provide food and water of sufficient quantity and quality to sustain the animal's health may surrender ownership of a horse to the department at:
(a) a licensed livestock market, as defined in 81-8-213; or
(b) a place mutually agreed upon by the horse's owner and the department.
(2) The owner shall pay to the department a fee to be set by rule by the department.
(3) Except as provided in subsections (4) and (5), the department shall sell the horse at a public auction.
(4) A licensed veterinarian may euthanize a horse if the veterinarian determines it to be medically necessary after an inspection of the horse.
(5) The department may allow a surrendered horse to be adopted if a suitable placement can be made and after payment of:
(a) a fee to be set by the department by rule; and
(b) the costs incurred by the department or the public livestock market to maintain the horse.
(6) The fees imposed and the proceeds collected under subsections (2), (3), and (5) must be deposited in the special revenue account provided for in 81-10-103.
(7) A person surrendering a horse to the department under the provisions of this section may not be charged with or prosecuted for cruelty toward animals pursuant to 45-8-211 or 45-8-217.
History: En. Sec. 2, Ch. 390, L. 2009; amd. Sec. 1, Ch. 150, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 10. Horse Owner Amnesty › Part 1. General Provisions › 81-10-103. Horse owner amnesty special revenue account

81-10-103. Horse owner amnesty special revenue account.
(1) There is a horse owner amnesty account in the state special revenue fund. Money must be deposited in the account pursuant to 81-10-102(6) and subsection (2) of this section.
(2) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source to be used for the purposes of defraying the costs of this part must be deposited in the account.
(3) The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of livestock, which shall use the funds to defray the costs of this part.
History: En. Sec. 3, Ch. 390, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 10. Horse Owner Amnesty › Part 1. General Provisions › 81-10-104. Rulemaking

81-10-104. Rulemaking.
The department may adopt rules to administer this part, including but not limited to rules to:
(1) set fees for horse surrender and adoption;
(2) determine what, if any, proof of financial hardship may be required before an owner may surrender a horse;
(3) create procedures for the adoption of surrendered horses;
(4) reimburse licensed livestock markets for expenses incurred in the upkeep of surrendered horses; and
(5) allow a person who has surrendered a horse to buy the horse back if the person's financial circumstances change and the horse has not been sold or adopted.
History: En. Sec. 4, Ch. 390, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 1. Poultry › 81-20-101. Poultry industry -- powers and authority of department

81-20-101. Poultry industry -- powers and authority of department.
For the promotion and protection of the poultry industry and to prevent, control, and exterminate infectious, contagious, dangerous, and destructive diseases affecting poultry, the department shall:
(1) supervise the sanitary condition of poultry in this state, under the provisions of the constitution and statutes of this state and the rules adopted by the department. The department may quarantine any lot, yard, land, building, room, premises, enclosure, or other place or section in this state which is or may be used or occupied by poultry and which, in the judgment of the department, is infected or contaminated with an infectious, contagious, communicable, or dangerous disease or disease-carrying medium by which the disease may be communicated. The department may quarantine any poultry in this state when the poultry is affected with or has been exposed to disease or disease-carrying medium. The department may prescribe treatments and enforce sanitary rules which are necessary and proper to circumscribe, extirpate, control, or prevent the diseases.
(2) foster, promote, and protect the poultry industry in this state by the investigation of diseases and other subjects related to ways and means of preventing, controlling, and exterminating diseases of poultry;
(3) adopt and enforce rules for the prevention and extermination of such diseases and perform all other acts and things as may be necessary or proper in the fostering, promotion, or protection of the poultry industry in this state;
(4) adopt and enforce rules and orders necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting poultry in this state, including rules and orders necessary or proper governing inspections and tests of all poultry intended for importation into this state, before it may be imported into this state;
(5) adopt and enforce rules and orders necessary or proper for the inspection, testing, and quarantine of all poultry imported into this state.
History: En. Sec. 1, Ch. 161, L. 1929; re-en. Sec. 3267.1, R.C.M. 1935; amd. Sec. 57, Ch. 310, L. 1974; R.C.M. 1947, 46-209.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 1. Poultry › 81-20-102. Injunctive remedies

81-20-102. Injunctive remedies.
The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of this part or rules adopted under 81-20-101, notwithstanding the existence of other remedies at law. When the application of other remedies has been insufficient to compel action to control, extirpate, or prevent the spread of disease or upon a showing that an animal disease emergency exists and that other remedies probably would be insufficient to compel action to control the emergency, the department may apply for and the court may grant mandatory injunctive relief.
History: En. 46-210.1 by Sec. 1, Ch. 190, L. 1977; R.C.M. 1947, 46-210.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 1. Poultry › 81-20-103. Violation

81-20-103. Violation.
Any person, persons, firm, or corporation violating any provision of 81-20-101 or any rule or order promulgated by authority of the same or who shall obstruct or interfere with the performance of any duty or the exercise of any power hereby conferred shall be guilty of a misdemeanor.
History: En. Sec. 2, Ch. 161, L. 1929; re-en. Sec. 3267.2, R.C.M. 1935; R.C.M. 1947, 46-210.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 1. Poultry › 81-20-104. Civil liability

81-20-104. Civil liability.
A person, firm, or corporation which violates this part or rules or orders of the department is liable for damages sustained by a person because of the violation. The damages may be recovered by the person in a civil action in a court of competent jurisdiction.
History: En. Sec. 30, Ch. 262, L. 1921; re-en. Sec. 3289, R.C.M. 1921; re-en. Sec. 3289, R.C.M. 1935; amd. Sec. 81, Ch. 310, L. 1974; amd. Sec. 24, Ch. 12, L. 1977; R.C.M. 1947, 46-239.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-201. Wholesale egg dealer's and egg grader's licenses -- exemptions -- fee

81-20-201. Wholesale egg dealer's and egg grader's licenses -- exemptions -- fee.
(1) A person may not buy, sell, or deal in eggs without first obtaining a wholesale egg dealer's license from the department for each establishment at which business is conducted.
(2) The department shall establish a license fee for dealers buying eggs for resale at wholesale. All licenses must be posted in a conspicuous place in each place of business.
(3) (a) A person buying, selling, or dealing in eggs, a major portion of which are produced by the person's own fowl or in amounts less than an average of 25 cases a month over a 12-month period, is exempt from the requirements of this section.
(b) A person buying eggs for sale at retail is not required to obtain a license from the department.
(4) Wholesale and retail dealers who handle more than an average of 25 cases of eggs a month over a 12-month period and who are supplying eggs to consumers shall sell only eggs candled by or under the supervision of experienced and licensed graders.
(5) The department shall establish a fee for a grader's license. All candlers and graders shall pass an examination required by the department.
(6) A person licensed under this section shall send to the department any information or reports that the department requires.
(7) The licenses provided for in this section expire each year on the anniversary date established by rule by the board of review established in 30-16-302.
History: (1), (2)En. Sec. 1, Ch. 189, L. 1931; re-en. Sec. 2634.1, R.C.M. 1935; amd. Sec. 1, Ch. 151, L. 1939; amd. Sec. 4, Ch. 121, L. 1965; amd. Sec. 1, Ch. 176, L. 1969; amd. Sec. 1, Ch. 310, L. 1974; amd. Sec. 1, Ch. 141, L. 1977; Sec. 3-2301, R.C.M. 1947; (3)En. Sec. 9, Ch. 151, L. 1939; re-en. Sec. 2634.13, R.C.M. 1935; amd. Sec. 1, Ch. 88, L. 1953; amd. Sec. 7, Ch. 121, L. 1965; amd. Sec. 6, Ch. 310, L. 1974; amd. Sec. 5, Ch. 141, L. 1977; Sec. 3-2313, R.C.M. 1947; R.C.M. 1947, 3-2301, 3-2313; amd. Sec. 23, Ch. 444, L. 1983; amd. Sec. 19, Ch. 366, L. 1997; amd. Sec. 1, Ch. 225, L. 2001.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-202. Remittance of fees

81-20-202. Remittance of fees.
All license fees shall be remitted to the department of livestock which shall deposit them in the state treasury to the credit of the general fund.
History: En. Sec. 2, Ch. 189, L. 1931; re-en. Sec. 2634.2, R.C.M. 1935; amd. Sec. 42, Ch. 147, L. 1963; amd. Sec. 2, Ch. 310, L. 1974; R.C.M. 1947, 3-2302.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-203. Candling eggs intended for human consumption -- candling defined

81-20-203. Candling eggs intended for human consumption -- candling defined.
Every person engaged in the business of buying eggs intended for human consumption for resale shall maintain an adequate place for the proper candling and handling of the eggs by an egg grader licensed pursuant to this part or shall purchase only eggs which have already been properly candled and graded under the supervision of an egg grader licensed pursuant to this part. The term "candling" as used in this part means the careful examination, in a partially dark room or place, of the whole egg by means of a strong light.
History: En. Sec. 3, Ch. 189, L. 1931; re-en. Sec. 2634.3, R.C.M. 1935; amd. Sec. 2, Ch. 141, L. 1977; R.C.M. 1947, 3-2303.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-204. Certificate of candling or packing

81-20-204. Certificate of candling or packing.
A person buying eggs for resale at retail, except persons or firms who do not buy and sell more than 25 cases of eggs per month, shall candle all eggs offered to the person that have not been candled under supervision of a licensed egg grader and shall refuse to buy eggs unfit for human food as defined in 81-20-205. Rejects must be returned to the producer, if possible, or, if requested, the candling must be done in the presence of the producer. A certificate must be placed in or on every case of eggs, if candled and graded, in a manner that permits its easy reading and must state the exact grade and size, the date of candling or other date approved by the department, and the name and address of the packer. If the eggs are not candled or graded, the certificate should state "not candled or graded", the name of the dealer, and when packed. The certificate must be printed in letters large enough to be easily read.
History: En. Sec. 5, Ch. 189, L. 1931; re-en. Sec. 2634.5, R.C.M. 1935; amd. Sec. 2, Ch. 151, L. 1939; amd. Sec. 3, Ch. 141, L. 1977; R.C.M. 1947, 3-2305; amd. Sec. 2700, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-205. Egg -- when defined as unfit for human food

81-20-205. Egg -- when defined as unfit for human food.
(1) Eggs hereinafter defined shall be deemed unfit for human food:
(a) "Addled" or "white rot" means an egg that is putrid or rotten.
(b) "Adherent yolk" means an egg in which the yolk has become fastened to the shell.
(c) "Black rot" means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance.
(d) "Blood ring" means an egg in which the germ has developed to such an extent that blood is formed.
(e) "Blood spot" is a spot of blood adhering to the yolk of an egg.
(f) "Bloody white" means an egg with a general reddish appearance due to blood mixed through it and which egg may show spots of blood floating in the white.
(g) "Incubated eggs" shall include eggs which have been subjected to incubation, whether natural or artificial, for more than 48 hours, and it shall be unlawful to offer for sale incubated eggs unless branded or stamped with the word "incubated".
(h) "Meat spot" means that the egg has a speck of foreign matter adhering to the yolk or floating in the white.
(i) "Moldy" means an egg which, through improper care, has deteriorated so that mold spores have formed within the egg.
(2) An egg that is smashed or broken so that the contents are leaking is unfit for human food.
(3) Eggs which are otherwise unwholesome or adulterated as such term is defined pursuant to the Federal Food, Drug, and Cosmetic Act and rules promulgated under authority of this part are unfit for human food.
History: En. Sec. 6, Ch. 189, L. 1931; re-en. Sec. 2634.6, R.C.M. 1935; amd. Sec. 3, Ch. 151, L. 1939; amd. Sec. 2, Ch. 176, L. 1969; R.C.M. 1947, 3-2306.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-206. Notice to purchaser of grade of eggs

81-20-206. Notice to purchaser of grade of eggs.
It is unlawful for a person to sell, offer, or expose for sale at wholesale or retail any eggs for human consumption without notifying the person purchasing or intending to purchase the eggs of the exact grade or quality and size or weight of the eggs, according to the standards prescribed by the department of livestock, by stamping or printing on the container of the eggs the grade or quality and size or weight. If the eggs are offered for sale in bulk, a placard or sign printed in letters 2 inches high must be displayed in a conspicuous place at the point where the eggs are offered or exposed for sale giving the grade, quality, size, weight, and date of grading. This part does not affect the sale of eggs by a producer when the consumer purchases the eggs at the place of production or at a farmer's market as defined in 50-50-102.
History: En. Sec. 8, Ch. 189, L. 1931; re-en. Sec. 2634.8, R.C.M. 1935; amd. Sec. 5, Ch. 151, L. 1939; amd. Sec. 1, Ch. 71, L. 1973; amd. Sec. 3, Ch. 310, L. 1974; R.C.M. 1947, 3-2308; amd. Sec. 2, Ch. 94, L. 2013.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-207. Rules to be adopted by department of livestock

81-20-207. Rules to be adopted by department of livestock.
The department of livestock shall enforce this part and adopt rules necessary for the enforcement of this part, including rules for the processing, handling, and marketing of egg products whether shell, liquid, frozen, or dried.
History: En. Sec. 10, Ch. 189, L. 1931; re-en. Sec. 2634.10, R.C.M. 1935; amd. Sec. 4, Ch. 176, L. 1969; amd. Sec. 5, Ch. 310, L. 1974; R.C.M. 1947, 3-2310.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-208. Penalties

81-20-208. Penalties.
Any person failing to comply with the provisions of this part or any rules adopted pursuant to this part is guilty of a misdemeanor and upon conviction for the first offense shall be punished by a fine of not less than $25 or more than $75. Upon conviction for the second or any subsequent violation of the foregoing provisions of this part the violator shall be fined not less than $50 or more than $200.
History: En. Sec. 11, Ch. 189, L. 1931; re-en. Sec. 2634.11, R.C.M. 1935; amd. Sec. 7, Ch. 151, L. 1939; amd. Sec. 4, Ch. 141, L. 1977; R.C.M. 1947, 3-2311.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 20. Poultry and Eggs › Part 2. Eggs › 81-20-209. Revocation of license

81-20-209. Revocation of license.
A license issued by the department under this part may be revoked by the department when the holder of the license fails to comply with the laws of this state that apply to the conduct of the business under the license. If a firm, person, or corporation whose license has been revoked by the department continues to buy, sell, or deal in eggs without a license, the firm, person, or corporation is guilty of a misdemeanor and is subject to the penalties provided for in 81-20-208.
History: En. Sec. 10, Ch. 151, L. 1939; Sec. 2634.14, R.C.M. 1935; amd. Sec. 7, Ch. 310, L. 1974; R.C.M. 1947, 3-2314; amd. Sec. 2701, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 21. Dairy Products › Part 1. Regulation of Dairies Selling Milk or Cream for Public Consumption › 81-21-101. Definitions

81-21-101. Definitions.
As used in this part, the following definitions apply:
(1) "Fluid milk plant" means a place where milk or cream is not produced but is purchased or collected and prepared for distribution to the consumer in liquid form.
(2) "Public consumption" means the use of milk or cream by the public for any purpose.
(3) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk.
History: En. Sec. 23, Ch. 262, L. 1921; re-en. Sec. 3282, R.C.M. 1921; amd. Sec. 11, Ch. 35, L. 1923; amd. Sec. 1, Ch. 170, L. 1929; re-en. Sec. 3282, R.C.M. 1935; amd. Sec. 1, Ch. 382, L. 1973; amd. Sec. 76, Ch. 310, L. 1974; amd. Sec. 19, Ch. 12, L. 1977; R.C.M. 1947, 46-232(part); amd. Sec. 1, Ch. 40, L. 1983; amd. Sec. 14, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 21. Dairy Products › Part 1. Regulation of Dairies Selling Milk or Cream for Public Consumption › 81-21-102. Licensing of milk plants and dairies selling milk or cream for public consumption

81-21-102. Licensing of milk plants and dairies selling milk or cream for public consumption.
(1) Except for a small dairy, it is unlawful for the following businesses to operate in this state without first obtaining a license from the department:
(a) a dairy selling milk or cream for public consumption in the form in which it is originally produced;
(b) a condensed, evaporated, or powdered milk plant;
(c) a fluid milk plant.
(2) A license expires on December 31 of the year issued. The department may, following the procedures in the Montana Administrative Procedure Act, deny, suspend, or revoke a license when it determines that a person to whom the license is issued has failed to comply with the rules of the department or has failed to conduct the person's establishment in a sanitary manner. All license fees collected must be deposited into the general fund.
(3) The department may issue a restraining order prohibiting a dairy from selling or giving away milk or cream not produced or handled under the laws of this state or the rules of the department. It is unlawful for a dairy, while restrained, to sell or give away for public consumption milk or cream produced or handled by the dairy, and it is also unlawful for a dairy products manufacturing plant, milk plant, or cream station to purchase or use the cream or milk from a dairy while the dairy is restrained.
(4) The department shall establish license fees for the following facilities:
(a) a condensed, evaporated, or powdered milk factory;
(b) a fluid milk plant; and
(c) a dairy.
(5) A person violating this section is guilty of a misdemeanor.
History: En. Sec. 23, Ch. 262, L. 1921; re-en. Sec. 3282, R.C.M. 1921; amd. Sec. 11, Ch. 35, L. 1923; amd. Sec. 1, Ch. 170, L. 1929; re-en. Sec. 3282, R.C.M. 1935; amd. Sec. 1, Ch. 382, L. 1973; amd. Sec. 76, Ch. 310, L. 1974; amd. Sec. 19, Ch. 12, L. 1977; R.C.M. 1947, 46-232(part); amd. Sec. 24, Ch. 444, L. 1983; amd. Sec. 2702, Ch. 56, L. 2009; amd. Sec. 15, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 21. Dairy Products › Part 1. Regulation of Dairies Selling Milk or Cream for Public Consumption › 81-21-103. Exceptions of certain producers of dairy products

81-21-103. Exceptions of certain producers of dairy products.
(1) The owners or operators of small dairies, dairies, creameries, butter factories, cheese factories, or other places of business engaged in the production, storage, or transportation of dairy products are not required to procure a license from the department of public health and human services for the business of production, storage, or transportation of these food products.
(2) This section does not limit:
(a) the supervision or regulation by the department of public health and human services of the sanitary condition of a restaurant, hotel, boardinghouse, or retail market or the products sold or offered for sale at those facilities; or
(b) the duties imposed by law on the department of public health and human services to make sanitary rules for the eradication or control of an epidemic of human disease that may exist in a community.
History: En. Sec. 24, Ch. 262, L. 1921; re-en. Sec. 3283, R.C.M. 1921; re-en. Sec. 3283, R.C.M. 1935; amd. Sec. 77, Ch. 310, L. 1974; amd. Sec. 20, Ch. 12, L. 1977; R.C.M. 1947, 46-233(part); amd. Sec. 351, Ch. 418, L. 1995; amd. Sec. 551, Ch. 546, L. 1995; amd. Sec. 16, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 21. Dairy Products › Part 1. Regulation of Dairies Selling Milk or Cream for Public Consumption › 81-21-104. Injunctive remedies

81-21-104. Injunctive remedies.
The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of this chapter or rules adopted under 81-2-102, notwithstanding the existence of other remedies at law. When the application of other remedies has been insufficient to compel action to control, extirpate, or prevent the spread of disease or upon a showing that an animal disease emergency exists and that other remedies probably would be insufficient to compel action to control the emergency, the department may apply for and the court may grant mandatory injunctive relief.
History: En. 46-210.1 by Sec. 1, Ch. 190, L. 1977; R.C.M. 1947, 46-210.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 21. Dairy Products › Part 1. Regulation of Dairies Selling Milk or Cream for Public Consumption › 81-21-105. Penalty

81-21-105. Penalty.
Any person, persons, firm, or corporation violating any provision of this chapter, or the rule or order promulgated by authority of 81-2-102, shall be guilty of a misdemeanor. Violations of this chapter shall be tried without undue delay in any court of competent jurisdiction.
History: En. Sec. 29, Ch. 262, L. 1921; re-en. Sec. 3288, R.C.M. 1921; re-en. Sec. 3288, R.C.M. 1935; amd. Sec. 23, Ch. 12, L. 1977; R.C.M. 1947, 46-238.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 21. Dairy Products › Part 1. Regulation of Dairies Selling Milk or Cream for Public Consumption › 81-21-106. Civil liability

81-21-106. Civil liability.
A person, firm, or corporation which violates this part or rules or orders of the department is liable for damages sustained by a person because of the violation. The damages may be recovered by the person in a civil action in a court of competent jurisdiction.
History: En. Sec. 30, Ch. 262, L. 1921; re-en. Sec. 3289, R.C.M. 1921; re-en. Sec. 3289, R.C.M. 1935; amd. Sec. 81, Ch. 310, L. 1974; amd. Sec. 24, Ch. 12, L. 1977; R.C.M. 1947, 46-239.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 1. Administration › 81-22-102. General authority of department

81-22-102. General authority of department.
(1) The department may regulate and establish sanitation standards for persons operating dairies producing milk for manufacturing purposes. The department may regulate and establish sanitation and quality standards for a person engaged in the processing of manufactured dairy products or of products made or sold in the semblance or imitation of dairy products in this state when those products made in semblance or imitation of dairy products are made in a manufactured dairy products plant.
(2) The department may adopt minimum standards for the production, transportation, grading, testing, use, processing, packaging, and storage of milk and cream used for manufacturing purposes and of manufactured dairy products.
(3) The department shall adopt rules and establish fees for licenses for selling or producing milk as required by 81-23-202.
(4) The department may not establish fees, rules, or standards under this chapter for small dairies selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
History: (1)En. Sec. 1, Ch. 413, L. 1971; amd. Sec. 9, Ch. 310, L. 1974; Sec. 3-2488, R.C.M. 1947; (2)En. 2, Ch. 413, L. 1971; amd. Sec. 10, Ch. 310, L. 1974; amd. Sec. 2, Ch. 12, L. 1977; Sec. 3-2489, R.C.M. 1947; R.C.M. 1947, 3-2488, 3-2489; amd. Sec. 25, Ch. 444, L. 1983; amd. Sec. 18, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 1. Administration › 81-22-103. New or amended rules -- mailing -- hearing -- judicial review

81-22-103. New or amended rules -- mailing -- hearing -- judicial review.
(1) Every new or amended rule proposed by the department under this chapter shall be mailed to each person licensed under this chapter who will be affected by the rule, at least 45 days before the date on which the rule becomes effective.
(2) On application in writing filed at least 15 days before the effective date of the proposal by a person licensed under this chapter, the department shall vacate the effective date of the proposed rule and hold a public hearing on and take evidence concerning it. Within 30 days after the conclusion of the hearing, the department shall make written findings and conclusions and a written decision based on the hearing, determining whether the rule shall be adopted. A new or amended rule adopted following the hearing and conclusion may not take effect until 90 days after the date of the decision.
(3) The district court of the first judicial district has jurisdiction to review, modify, or set aside a decision adopting a new or amended rule under this chapter on petition made to it at any time before the effective date of the rule by a person claiming to be adversely affected by the decision.
History: En. Sec. 8, Ch. 413, L. 1971; amd. Sec. 15, Ch. 310, L. 1974; R.C.M. 1947, 3-2495.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 1. Administration › 81-22-104. Enforcement of laws and rules -- violation as misdemeanor

81-22-104. Enforcement of laws and rules -- violation as misdemeanor.
(1) The department shall supervise and enforce the laws and rules which pertain to the standards of quality and sanitation of manufactured dairy products and of cream, whole milk, skimmed milk, condensed milk, evaporated milk, and food additives used in manufacturing dairy products.
(2) Rules adopted under this chapter have the effect of law, and violation of these rules is a misdemeanor, punishable as provided in 81-22-601 unless a specific penalty has been provided.
History: En. Sec. 6, Ch. 413, L. 1971; amd. Sec. 14, Ch. 310, L. 1974; R.C.M. 1947, 3-2493.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 1. Administration › 81-22-105. Investigation of complaints and violations -- injunction

81-22-105. Investigation of complaints and violations -- injunction.
The department shall provide for periodic inspections and investigations to disclose violations of this chapter or of rules adopted under this chapter. The department shall receive and provide for the investigation of complaints and request the institution and prosecution of civil or criminal actions, or both. This chapter and the rules adopted under it may be enforced by injunction in a court having jurisdiction to grant injunctive relief. An adulterated, impure, contaminated, misbranded, condemned, or mislabeled article or product involved in a violation of this chapter or of the rules adopted under this part is subject to seizure and disposition under an order of the court.
History: En. Sec. 9, Ch. 413, L. 1971; amd. Sec. 16, Ch. 310, L. 1974; amd. Sec. 3, Ch. 12, L. 1977; R.C.M. 1947, 3-2496.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 1. Administration › 81-22-106. Names and addresses of producers furnished on request

81-22-106. Names and addresses of producers furnished on request.
The operator of any manufactured dairy products plant or grade A milk plant shall, on request of the department, furnish the department with the names and addresses of all producers from whom the plant obtains milk or cream.
History: En. Sec. 21, Ch. 413, L. 1971; amd. Sec. 26, Ch. 310, L. 1974; R.C.M. 1947, 3-24-108.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 1. Administration › 81-22-107. Use of inspections, tests, samples, etc., as evidence

81-22-107. Use of inspections, tests, samples, etc., as evidence.
All copies of inspections, written transcriptions, tests, samples of dairy products, analyses, correspondence, records of payment, trip and field reports, and photographic presentations relating to matters under this chapter may be used as evidence in any court of jurisdiction, at hearings, or as testimony of the facts disclosed.
History: En. Sec. 22, Ch. 413, L. 1971; R.C.M. 1947, 3-24-109.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 1. Administration › 81-22-108. Antimonopoly statutes applicable

81-22-108. Antimonopoly statutes applicable.
The provisions of Title 30, chapter 14, part 2, relating to monopoly in the purchase or sale of products in general use are hereby expressly made applicable to all persons engaged in the business of buying milk, cream, or butterfat for the purpose of manufacture and those who shall violate any of the provisions of said sections. All milk, cream, butterfat, manufactured dairy products, or products made in the semblance or imitation of manufactured dairy products are hereby declared to be commodities and products in general use within the meaning of the sections aforesaid.
History: En. Sec. 43, Ch. 413, L. 1971; R.C.M. 1947, 3-24-130.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-201. License required to operate manufactured dairy products plant

81-22-201. License required to operate manufactured dairy products plant.
(1) It is unlawful for any person to operate a manufactured dairy products plant, concentrated, condensed, or evaporated milk and/or cream plant, milk and cream buying station, creamery, dairy producing milk for manufacturing purposes, water ice manufacturing plant, cheese plant including cottage cheese, and cream cheese, sour cream, yogurt, or frozen dessert manufacturing plant without first obtaining a license from the department.
(2) Any manufactured dairy products plant or dairy which undergoes a change of ownership must be considered a new plant or dairy for relicensing purposes, provided that changes of ownership may not be construed to include changes of stockholders.
(3) A small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, is exempt from the licensing requirements of this section.
History: En. Sec. 20, Ch. 413, L. 1971; R.C.M. 1947, 3-24-107; amd. Sec. 19, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-202. Licensing of persons engaged in production of milk

81-22-202. Licensing of persons engaged in production of milk.
(1) The department may license persons engaged in the production of milk for manufacturing purposes and license persons who manufacture dairy products or products made in their semblance or imitation when the products are made in a manufactured dairy products plant.
(2) The department may examine and license weighers, graders, samplers, and milk and cream testers in order to establish the qualifications of these persons to perform those operations or tests for which the licenses are issued.
History: En. Sec. 3, Ch. 413, L. 1971; amd. Sec. 11, Ch. 310, L. 1974; R.C.M. 1947, 3-2490.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-204. License required for milk or cream route

81-22-204. License required for milk or cream route.
It is unlawful for a person to engage in hauling milk or cream on an established milk or cream route for a manufactured dairy products plant, milk plant, or milk or cream station without first procuring a license from the department. The department shall establish a fee for the license.
History: En. Sec. 13, Ch. 413, L. 1971; amd. Sec. 20, Ch. 310, L. 1974; R.C.M. 1947, 3-24-100; amd. Sec. 13, Ch. 14, L. 1979; amd. Sec. 26, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-205. Examination and licensing of persons engaged in testing

81-22-205. Examination and licensing of persons engaged in testing.
(1) A person may not operate a butterfat, protein, solids, or other component content test where milk or cream is bought and paid for on the basis of these values without first passing an appropriate examination and obtaining the license required by the department. A person desiring to operate these tests shall apply to the department for permission to take the butterfat, protein, solids, or other component content test operator's examination. The examination must be given to the applicant by the department. On passing the examination to the satisfaction of the department, the applicant must be issued a license authorizing the applicant to conduct these tests in this state. The department shall establish a fee to be paid for each license and for each renewal.
(2) Milk and cream tester's licenses may be revoked, suspended, or denied when testing is not conducted under official test procedures or under department rules. If the tester regularly or habitually reports results below the actual values of the butterfat, protein, solids, or other compound component values, the licensee is subject to the penalties provided in this chapter. A person who alters the results of an official test is subject to the penalties provided in this chapter.
History: En. Sec. 15, Ch. 413, L. 1971; amd. Sec. 22, Ch. 310, L. 1974; R.C.M. 1947, 3-24-102; amd. Sec. 27, Ch. 444, L. 1983; amd. Sec. 2704, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-206. Licensing of graders, weighers, and samplers

81-22-206. Licensing of graders, weighers, and samplers.
It is unlawful for a person to grade, weigh, or sample milk or cream to be used for processing into grade A milk and cream or used in manufactured dairy products without first procuring a license as a grader, weigher, and sampler from the department and passing the examination required by the department.
History: En. Sec. 18, Ch. 413, L. 1971; amd. Sec. 24, Ch. 310, L. 1974; R.C.M. 1947, 3-24-105(2).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 22. Manufactured Dairy Products › Part 2. Licensing Provisions › 81-22-207. License -- issuance and penalty

81-22-207. License -- issuance and penalty.
(1) All licenses issued under this part are issued as a matter of privilege, rather than as a matter of right, and only after proper qualifications under the rules of the board.
(2) All licenses issued under this part are valid, unless suspended or revoked for cause, from the date of issue through December 31 of the year in which issued. All licenses must be renewed by January 31 following the date of the license expiration on payment of the required fee.
(3) All licenses issued under this part must be posted in conspicuous view at the place of business.
(4) Licenses issued under this part are not transferable from place to place or person to person.
(5) Penalties of $5 per month or fraction of a month from January 31 of each year may be imposed by the department for a failure to apply for a license under this part. Regulatory action may not be taken against a dairy producer licensed under this part until 2 years following the adoption of rules under this chapter.
History: En. Sec. 14, Ch. 413, L. 1971; amd. Sec. 21, Ch. 310, L. 1974; R.C.M. 1947, 3-24-101; amd. Sec. 2705, Ch. 56, L. 2009.