reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-308. Repealed

50-46-308. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 5, Ch. 419, L. 2011; amd. Sec. 7, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 5, Ch. 408, L. 2017; amd. Secs. 10, 11, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-309. Repealed

50-46-309. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 6, Ch. 419, L. 2011; amd. Sec. 7, Ch. 239, L. 2015; amd. Sec. 8, I.M. No. 182, approved Nov. 8, 2016; amd. Secs. 12, 13, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-310. Repealed

50-46-310. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 7, Ch. 419, L. 2011; amd. Sec. 9, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 14, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-311. Repealed

50-46-311. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 22, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 6, Ch. 408, L. 2017; amd. Sec. 15, Ch. 292, L. 2019; amd. Sec. 4, Ch. 411, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-312. Repealed

50-46-312. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 23, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 7, Ch. 408, L. 2017; amd. Sec. 5, Ch. 411, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-313. Terminated

50-46-313. Terminated.
Sec. 39, Ch. 292, L. 2019.
History: En. Sec. 33, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-317. Repealed

50-46-317. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 8, Ch. 419, L. 2011; amd. Sec. 10, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 17, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-318. Repealed

50-46-318. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 9, Ch. 419, L. 2011; amd. Sec. 11, I.M. No. 182, approved Nov. 8, 2016.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-319. Repealed

50-46-319. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 10, Ch. 419, L. 2011; amd. Sec. 12, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 9, Ch. 408, L. 2017; amd. Secs. 18, 19, Ch. 292, L. 2019; amd. Sec. 81, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-320. Repealed

50-46-320. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 11, Ch. 419, L. 2011; amd. Sec. 6, Ch. 153, L. 2013; amd. Sec. 13, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 10, Ch. 408, L. 2017; amd. Sec. 20, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-326. Repealed

50-46-326. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 8, Ch. 408, L. 2017; amd. Sec. 21, Ch. 292, L. 2019; amd. Sec. 6, Ch. 411, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-327. Repealed

50-46-327. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 12, Ch. 419, L. 2011; amd. Sec. 22, Ch. 123, L. 2013; amd. Sec. 14, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 11, Ch. 408, L. 2017; amd. Sec. 22, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-328. Repealed

50-46-328. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 13, Ch. 419, L. 2011; amd. Sec. 12, Ch. 408, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-329. Repealed

50-46-329. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 14, Ch. 419, L. 2011; amd. Sec. 15, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 13, Ch. 408, L. 2017; amd. Sec. 23, Ch. 292, L. 2019; amd. Sec. 7, Ch. 411, L. 2019; amd. Sec. 80, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-330. Repealed

50-46-330. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 15, Ch. 419, L. 2011; amd. Sec. 16, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 14, Ch. 408, L. 2017; amd. Secs. 24, 25, Ch. 292, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-331. Repealed

50-46-331. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 16, Ch. 419, L. 2011; amd. Sec. 17, I.M. No. 182, approved Nov. 8, 2016.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-332. Repealed

50-46-332. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 17, Ch. 419, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-339. Repealed

50-46-339. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 18, Ch. 419, L. 2011; amd. Sec. 18, I.M. No. 182, approved Nov. 8, 2016.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-340. Repealed

50-46-340. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 19, Ch. 419, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-341. Repealed

50-46-341. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 20, Ch. 419, L. 2011; amd. Sec. 19, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 26, Ch. 292, L. 2019; amd. Sec. 3, Ch. 505, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-342. Repealed

50-46-342. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 21, Ch. 419, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-343. Repealed

50-46-343. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 22, Ch. 419, L. 2011; amd. Sec. 15, Ch. 408, L. 2017; amd. Sec. 27, Ch. 292, L. 2019; amd. Sec. 81, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-344. Repealed

50-46-344. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 23, Ch. 419, L. 2011; amd. Sec. 20, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 16, Ch. 408, L. 2017; amd. Secs. 28, 29, Ch. 292, L. 2019; amd. Sec. 8, Ch. 411, L. 2019; amd. Sec. 4, Ch. 505, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-345. Repealed

50-46-345. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 24, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 17, Ch. 408, L. 2017; amd. Sec. 36, Ch. 292, L. 2019; amd. Sec. 82, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-346. Repealed

50-46-346. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 31, Ch. 292, L. 2019; amd. Sec. 83, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 46. Use of Marijuana for Debilitating Medical Conditions (Repealed and Terminated) › Part 3. Montana Medical Marijuana Act (Repealed and Terminated) › 50-46-347. Repealed

50-46-347. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 32, Ch. 292, L. 2019; amd. Sec. 84, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-101. Purpose

50-48-101. Purpose.
The regulation of tattooing and body-piercing establishments is required to protect the public health and safety.
History: En. Sec. 1, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-102. Definitions

50-48-102. Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
(3) "Establishment" means either a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment.
(4) "Local board of health" means a county, city, city-county, or district board of health provided for in Title 50, chapter 2.
(5) "Local health officer" has the meaning provided in 50-1-101.
(6) "Multiple-type establishment" means an operation encompassing both body piercing and tattooing on the same premises and under the same management.
(7) "Person" means an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of body piercing or tattooing.
(8) "Regulatory authority" means the department of public health and human services, the local board of health, the local health officer, or the local sanitarian.
(9) (a) "Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. The term includes imparting permanent makeup on the skin such as permanent lip coloring and permanent eyeliner.
(b) The term does not include:
(i) the practice of electrology as defined in 37-31-101; or
(ii) the use by a physician or medical professional who is licensed to practice in the state of Montana of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.
History: En. Sec. 2, Ch. 386, L. 2005; amd. Sec. 8, Ch. 150, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-103. Rulemaking authority

50-48-103. Rulemaking authority.
The department shall adopt and enforce minimum safety and sanitation requirements for tattooing and body piercing, including rules to:
(1) set standards to ensure sanitation and safety in establishments to protect the public health and safety;
(2) license establishments;
(3) provide procedures for enforcement of the laws and rules relating to establishments, including implementing plans of correction;
(4) impose fees for licensure, inspection, enforcement, training, and administration.
History: En. Sec. 3, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-106. Injunctions

50-48-106. Injunctions.
A regulatory authority may bring an action for an injunction against any continued violation of this chapter or any rule adopted under 50-48-103 or 50-48-203.
History: En. Sec. 5, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-107. County attorney to prosecute violations

50-48-107. County attorney to prosecute violations.
When a regulatory authority furnishes evidence to the county attorney of a county in this state where the violating establishment operates, the county attorney shall prosecute any person violating this chapter or any rule adopted under 50-48-103 or 50-48-203.
History: En. Sec. 6, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-108. Penalties -- misdemeanor

50-48-108. Penalties -- misdemeanor.
A person who purposefully or knowingly violates any provision of this chapter or rules adopted under 50-48-103 or 50-48-203 is guilty of a misdemeanor. Upon conviction, the person shall be fined:
(1) an amount of not less than $50 or more than $100 for the first offense;
(2) an amount of not less than $75 or more than $200 for the second offense; and
(3) an amount of not less than $200 and imprisoned in the county jail for not more than 90 days for the third and subsequent offenses.
History: En. Sec. 7, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-109. Civil penalties -- injunctions not barred

50-48-109. Civil penalties -- injunctions not barred.
(1) An establishment that violates this chapter or rules adopted under 50-48-103 or 50-48-203 is subject to a civil penalty not to exceed $500 for each violation.
(2) An action to impose civil penalties under this section does not bar actions for injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted under 50-48-103 or 50-48-203.
History: En. Sec. 8, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 1. General Provisions › 50-48-110. Costs and expenses -- recovery by regulatory authority

50-48-110. Costs and expenses -- recovery by regulatory authority.
In a civil action initiated by the regulatory authority under 50-48-106 or 50-48-109, the court may, by petition of the regulatory authority, order an establishment that is found to be in willful violation of this chapter or a rule adopted under 50-48-103 or 50-48-203 to pay the costs of investigations and any other expenses incurred. These costs are limited to the direct costs of investigations and other expenses.
History: En. Sec. 9, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 2. Licensing › 50-48-201. License required -- fees -- application

50-48-201. License required -- fees -- application.
(1) A person operating an establishment shall procure an annual license from the appropriate regulatory authority having jurisdiction. For each annual license, the regulatory authority shall collect a fee established by rule pursuant to 50-48-103 or 50-48-203.
(2) A separate license is required for each establishment operating on different premises.
(3) A person operating a multiple-type establishment shall procure separate licenses for body piercing and tattooing businesses.
(4) An application for a license must be made to the department on forms containing the information required by the department.
(5) Licenses are not transferable.
History: En. Sec. 10, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 2. Licensing › 50-48-202. Late fee -- allocation of licensure and late fees

50-48-202. Late fee -- allocation of licensure and late fees.
(1) A person operating an establishment who fails to renew a license issued by the department by the expiration date and who operates the establishment in the license year for which an annual renewal fee was not paid shall, upon renewal, pay to the department a late renewal fee of $25 in addition to the annual fee required by 50-48-201. Payment of the late renewal fee does not relieve the operator of responsibility for operating without a license.
(2) The department shall deposit the fees collected under 50-48-201 and subsection (1) of this section in the state special revenue account provided for in 50-48-209.
History: En. Sec. 11, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 2. Licensing › 50-48-203. Licensure and regulation by local boards of health

50-48-203. Licensure and regulation by local boards of health.
(1) A local board of health may implement its own licensure and regulatory program for tattooing and body-piercing establishments independent of that of the department. A local board of health's licensure and regulatory program must be operated in lieu of the department's licensure and regulatory program.
(2) Subject to the restrictions in 50-2-130, a local board of health that operates its own licensure and regulatory program pursuant to subsection (1) may adopt necessary regulations that are not less stringent than department rules adopted under 50-48-103. The rules may include:
(a) standards to ensure sanitation and safety in establishments to protect public health and safety;
(b) licensure of establishments;
(c) procedures for enforcement of the laws and rules relating to establishments, including the implementation of plans of correction; and
(d) fees that reflect and may not exceed the actual costs incurred for licensure, inspection, enforcement, training, and administration.
(3) The local board of health shall report annually to the department on the number of establishments that it licenses and regulates.
History: En. Sec. 4, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 2. Licensing › 50-48-204. Denial or cancellation of license by regulatory authority -- multiple-type establishments

50-48-204. Denial or cancellation of license by regulatory authority -- multiple-type establishments.
(1) The regulatory authority may deny or cancel a license it issues if it finds, after proper investigation, that the applicant or licensee is not in compliance with this chapter or a rule adopted under 50-48-103 or 50-48-203 and the applicant or licensee has failed or refused to remedy or correct the noncompliance or violation.
(2) When a multiple-type establishment is licensed, the denial or cancellation may affect both tattooing and body-piercing operations or only one of the operations, as determined by the regulatory authority.
History: En. Sec. 12, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 2. Licensing › 50-48-205. Notice and hearing required for license denial or cancellation

50-48-205. Notice and hearing required for license denial or cancellation.
(1) A license may not be denied or canceled by the regulatory authority without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the regulatory authority to show cause, if any, why the license should not be denied or canceled.
(2) The applicant or licensee shall make a written request to the department for a hearing within 10 days after notice of the grounds for denial or cancellation has been received.
(3) The hearing conducted by the department must be held in accordance with the contested case procedures of the Montana Administrative Procedure Act.
History: En. Sec. 13, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 2. Licensing › 50-48-206. Health officers to make investigations and inspections -- free access

50-48-206. Health officers to make investigations and inspections -- free access.
(1) State and local health officers or their designees shall conduct investigations and inspections of establishments.
(2) State and local health officers or their designees must be provided access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under subsection (1).
(3) If a local board of health inspection and regulatory program is being operated in lieu of a department program, the local board of health and not the department has the duty and authority provided in this section.
History: En. Sec. 14, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 48. Licensure and Regulation of Tattooing and Body-Piercing Establishments › Part 2. Licensing › 50-48-209. State special revenue account

50-48-209. State special revenue account.
There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under 50-48-103.
History: En. Sec. 15, Ch. 386, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 49. Food and Nutrition › Part 1. Montana Access to Food and Nutrition Act › 50-49-102. Purpose

50-49-102. Purpose.
It is the policy of the state of Montana that all citizens should have access to food programs and nutrition services to prevent any needy citizen from experiencing hunger and poor nutrition and their impact on physical and mental health.
History: En. Sec. 1, Ch. 569, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 49. Food and Nutrition › Part 1. Montana Access to Food and Nutrition Act › 50-49-103. Definitions

50-49-103. Definitions.
For purposes of this part, unless the context requires otherwise, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Food programs and nutrition services" means public or private programs to provide food and nutrition assistance to persons who have need. The term includes but is not limited to the food stamp program, food programs for the elderly, and supplemental food programs for women, infants, and children.
History: En. Sec. 3, Ch. 569, L. 1991; amd. Sec. 135, Ch. 418, L. 1995; amd. Sec. 314, Ch. 546, L. 1995; amd. Sec. 8, Ch. 171, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 49. Food and Nutrition › Part 1. Montana Access to Food and Nutrition Act › 50-49-106. Gifts and grants

50-49-106. Gifts and grants.
The department may accept contributions, gifts, and grants to fund its activities.
History: En. Sec. 7, Ch. 569, L. 1991; amd. Sec. 9, Ch. 171, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 49. Food and Nutrition › Part 1. Montana Access to Food and Nutrition Act › 50-49-107. Public health nutritionist -- appointment and duties

50-49-107. Public health nutritionist -- appointment and duties.
The director of the department shall appoint a registered dietitian as a public health nutritionist. The appointment of the public health nutritionist may not be required unless funding for the position is available. The public health nutritionist shall:
(1) establish a program of public education and technical assistance for programs that provide food assistance; and
(2) provide technical assistance to the governor's advisory council on aging; and
(3) provide technical assistance to health care and public health agencies.
History: En. Sec. 8, Ch. 569, L. 1991; amd. Sec. 10, Ch. 171, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 49. Food and Nutrition › Part 2. Montana Local Food Choice Act › 50-49-201. Short title -- purpose

50-49-201. Short title -- purpose.
(1) This part may be cited as the "Montana Local Food Choice Act".
(2) The purpose of this part is to allow for the sale and consumption of homemade food and food products and to encourage the expansion of agricultural sales by ranches, farms, and home-based producers and the accessibility of homemade food and food products to informed end consumers by:
(a) facilitating the purchase and consumption of fresh and local agricultural products;
(b) enhancing the agricultural economy; and
(c) providing Montana citizens with unimpeded access to healthy food from known sources.
History: En. Sec. 1, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 49. Food and Nutrition › Part 2. Montana Local Food Choice Act › 50-49-202. Definitions

50-49-202. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Deliver" means to transfer a product as a result of a transaction between a producer and an informed end consumer. The action may be performed by the producer or the producer's designated agent at a farm, ranch, home, office, traditional community social event, other private property, or another location agreed to between the producer or agent and the informed end consumer.
(2) "Home consumption" means:
(a) the consumption of food or a food product in a private home; or
(b) the consumption of food or a food product from a private home.
(3) "Homemade" means food or a food product that is prepared in a private home and that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.
(4) "Informed end consumer" means a person who is the last person to purchase a product, does not resell the product, and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.
(5) (a) "Producer" means a person who harvests, produces, or prepares a product that may be consumed as homemade food or a homemade food product. The term includes a person operating a small dairy.
(b) The term does not include the entities listed in 50-49-203(1)(c).
(6) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk.
(7) "Traditional community social event" means an event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a:
(a) wedding;
(b) funeral;
(c) church or religious social;
(d) school event;
(e) farmer's market;
(f) potluck;
(g) neighborhood gathering;
(h) club meeting or social; or
(i) youth or adult outdoor club or sporting event.
(8) "Transaction" means an exchange of buying and selling, including the transfer of a product by delivery.
History: En. Sec. 2, Ch. 320, L. 2021; amd. Sec. 2, Ch. 347, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-101. Purpose of regulation

50-50-101. Purpose of regulation.
Regulation required under this chapter is intended to prevent and eliminate conditions and practices that endanger public health.
History: En. Sec. 1, Ch. 17, L. 1967; R.C.M. 1947, 27-611; amd. Sec. 8, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-103. Department authorized to adopt rules -- advisory council

50-50-103. Department authorized to adopt rules -- advisory council.
(1) Except as provided in subsection (3), to protect public health, the department may adopt rules relating to:
(a) the operation of retail food establishments and cottage food operations. The rules may address sanitation standards related to food, personnel, food equipment and utensils, and facilities and may address other controls, construction and fixtures, and housekeeping.
(b) licensure of retail food establishments; and
(c) registration for cottage food operations, including the fees to be charged for registration. The department shall specify in rule any fees for farmer's markets and cottage food operations that may be imposed by a regulatory authority.
(2) The department may adopt rules regarding permitting fees, statewide standards, plans to be provided by mobile food establishments as part of a mobile food establishment's licensing requirements, and an appeals process at the state and local levels.
(3) The department and local boards of health may not adopt rules or ordinances, respectively, that prohibit:
(a) the sale of cottage food products;
(b) the use of commercially processed wild game or fish meat in meals served by nonprofit retail food establishments pursuant to 50-50-126; or
(c) the sale of homemade food or a homemade food product pursuant to Title 50, chapter 49.
(4) (a) The department shall establish a food safety task force or advisory council to assist in the development of administrative rules or to review any proposed legislation related to the provisions of this chapter.
(b) The task force or advisory council must be composed of equal numbers of representatives of the departments of public health and human services, agriculture, and livestock and of registered sanitarians from local regulatory authorities and no more than six members of the public. Each department head shall appoint two of the public members and confer with other department heads to provide geographic representation. Each public member must be an owner or employee of a licensed retail food establishment or a representative of the food industry.
(c) The department shall present administrative rules and any legislation to be proposed by the department to the task force or advisory council prior to its proposal or introduction. When the department learns of proposed legislation related to the provisions of this chapter that has not been proposed by the department, the department shall provide copies of that legislation for review by the task force or advisory council and shall provide to the legislature any comments of the task force or advisory council.
History: En. Sec. 10, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-620(part); amd. Sec. 2, Ch. 315, L. 1995; amd. Sec. 2, Ch. 528, L. 2003; amd. Sec. 1, Ch. 482, L. 2009; amd. Sec. 1, Ch. 208, L. 2011; amd. Sec. 10, Ch. 239, L. 2015; amd. Sec. 4, Ch. 28, L. 2017; amd. Sec. 5, Ch. 347, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-104. Cooperative agreements authorized

50-50-104. Cooperative agreements authorized.
The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.
History: En. Sec. 10, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-620(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-105. Diseased person not to handle food

50-50-105. Diseased person not to handle food.
A person who has a communicable disease may not work in any retail food establishment or in the handling or processing of food served to the public until a local health officer has determined that the person is free of the infectious agent or unlikely to transmit the infectious agent because of the nature of the person's work.
History: En. Sec. 9, Ch. 17, L. 1967; R.C.M. 1947, 27-619; amd. Sec. 11, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-106. Injunctions

50-50-106. Injunctions.
The regulatory authority may bring an action for an injunction against any continued violation of this chapter or rule adopted by the department under this chapter.
History: En. 27-615.2 by Sec. 3, Ch. 508, L. 1975; R.C.M. 1947, 27-615.2; amd. Sec. 29, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-107. County attorney to prosecute violations

50-50-107. County attorney to prosecute violations.
When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.
History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(5); amd. Sec. 30, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-108. Violation -- misdemeanor

50-50-108. Violation -- misdemeanor.
A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:
(1) fined not less than $50 or more than $100 for the first offense;
(2) fined not less than $75 or more than $200 for the second offense;
(3) fined not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.
History: En. Sec. 15, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-625; amd. Sec. 31, Ch. 474, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-109. Civil penalties -- injunctions not barred

50-50-109. Civil penalties -- injunctions not barred.
(1) A retail food establishment or a cottage food operation that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.
(2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.
History: En. Sec. 7, Ch. 732, L. 1991; amd. Sec. 12, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-110. Costs and expenses -- recovery by department or county

50-50-110. Costs and expenses -- recovery by department or county.
In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order a retail food establishment or a cottage food operation that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter in the case of a willful violation. These costs are limited to the direct costs of investigations and other expenses.
History: En. Sec. 8, Ch. 732, L. 1991; amd. Sec. 32, Ch. 474, L. 2003; amd. Sec. 13, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-116. Conditions for cottage food operation exemption from licensure and routine facility inspection

50-50-116. Conditions for cottage food operation exemption from licensure and routine facility inspection.
(1) To acquire the status of not being a retail food establishment, a cottage food operation must meet the conditions in this section and shall register with a local health authority as provided in 50-50-117.
(2) A cottage food operation shall:
(a) follow department food standards as provided in rule, including applicable provisions implementing the 2013 United States food and drug administration food code;
(b) package cottage food products and label the cottage food products prior to sale, including on the label, at a minimum, the following:
(i) the name, address, city, state, and zip code of the cottage food operation;
(ii) the name of the cottage food product;
(iii) the ingredients of the cottage food product, in descending order of predominance by weight;
(iv) the net quantity, weight, count, or volume of the cottage food product;
(v) allergen labeling as specified by federal and state labeling requirements;
(vi) if a nutritional claim is made, an appropriate label if required by federal law; and
(vii) the following statement, printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background and is conspicuously placed on the principal label:
"Made in a home kitchen that is not subject to retail food establishment regulations or inspections."
(3) Providing cottage food products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibited.
(4) Processing or packaging of cottage food products must be in the specific registered area of the domestic residence of the person processing or packaging the cottage food products.
(5) A cottage food operation may store cottage food products only in the registered area of the primary domestic residence used to produce the cottage food product or temporarily in a motor vehicle used to transport cottage food products.
(6) (a) A cottage food operation is subject to local health authority or state enforcement action for violations of applicable department regulations.
(b) Cottage food products may be subject to other state or federal laws or regulations.
(7) A cottage food operation that meets the requirements in this section is not a retail food establishment or a wholesale food establishment and is not subject to licensure or inspection requirements under Title 50, chapter 57, or this chapter.
History: En. Sec. 1, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-117. Registration of cottage food operations -- fee

50-50-117. Registration of cottage food operations -- fee.
(1) A person in charge of a cottage food operation shall register with the local health authority in the county in which the person's domestic residence is located and pay a registration fee as provided in subsection (6).
(2) A registrant shall provide:
(a) the name of the cottage food operation;
(b) the physical address of the domestic residence, as defined in 50-50-102, where the ingredients are manufactured or packaged into cottage food products and stored;
(c) a brief description of expected or known food ingredient sources;
(d) a complete list of the cottage food products manufactured or packaged; and
(e) a copy of each cottage food product label.
(3) A local health authority may request additional food safety information, if needed, and shall submit the list of additional information to the department. The additional requested information may not restrain trade through extensive registration requirements.
(4) The local health authority shall submit a copy of the approved registration to the department, which may maintain a listing of cottage food operations.
(5) If a local health authority refuses to register a cottage food operation, the provisions of 50-50-215 apply, including the requirement for notification of the cottage food operation in writing.
(6) The person in charge of the cottage food operation shall pay a nonrefundable registration fee to the county in which the cottage food operation is registered. The department shall set the registration fee by rule. The county shall deposit the registration fee with the county treasurer.
(7) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the registration of cottage food operations subject to tribal regulations. The agreement must include an appeals process if the registration is not approved.
(8) If there is not a cooperative agreement pursuant to subsection (7), a person in charge of a cottage food operation may register with the department.
History: En. Sec. 2, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-120. Temporary food establishment requirements

50-50-120. Temporary food establishment requirements.
(1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment:
(a) must be operated in compliance with applicable department rules; and
(b) shall obtain a permit from the local health regulatory authority on a form approved by the state.
(2) (a) A for-profit temporary food establishment shall pay a required permit fee to the local regulatory authority.
(b) A temporary food establishment operated by a nonprofit organization:
(i) is exempt from paying a permit fee; and
(ii) may sell or serve foods that meet the definition of cottage food products but is not required to register as a cottage food operation.
History: En. Sec. 3, Ch. 239, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-121. Requirements for farmer's markets

50-50-121. Requirements for farmer's markets.
(1) (a) A person selling food that is not potentially hazardous, including food listed in subsection (2), at a farmer's market is not a retail food establishment.
(b) A person selling food that is not potentially hazardous or otherwise listed in subsection (2) if selling only at a farmer's market is not required to register as a cottage food operation.
(2) Foods that are not potentially hazardous or are otherwise eligible to be sold at a farmer's market include:
(a) whole shell eggs if the whole shell eggs are clean, free of cracks, and stored in clean cartons at a temperature established by the department by rule;
(b) hot coffee or hot tea if the person selling the hot coffee or hot tea does not provide or include fresh milk or cream;
(c) raw agricultural commodities;
(d) food identified by the department by rule as not being a potentially hazardous food; and
(e) homemade food or a homemade food product pursuant to Title 50, chapter 49.
(3) A farmer's market authorized by a municipal or county authority shall keep registration records of all persons and organizations that serve or sell food exempt from licensure at the market, including food that does not meet the definition of potentially hazardous food.
(4) The registration records must include the name, address, and telephone number of the seller or server as well as the types of products sold or served and the date on which the products were sold or served.
(5) A farmer's market under this section shall make registration records available upon request to the local health authority.
(6) Except for homemade food or a homemade food product pursuant to Title 50, chapter 49, food sold in a farmer's market must, if sold in a container, have a label similar to a label required of a cottage food product under 50-50-116.
History: En. Sec. 4, Ch. 239, L. 2015; amd. Sec. 6, Ch. 347, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 1. General Provisions › 50-50-126. Nonprofit retail food establishments authorized to serve wild game and fish meat -- rulemaking -- definitions

50-50-126. Nonprofit retail food establishments authorized to serve wild game and fish meat -- rulemaking -- definitions.
(1) A retail food establishment that is owned and operated by a nonprofit organization may use commercially processed meat from wild game and fish taken in Montana in meals served to individuals at no charge.
(2) The department may adopt food safety rules for the implementation of this section.
(3) For the purposes of this section, the following terms apply:
(a) "Commercially processed meat" means wild game or fish processed by a person, firm, or corporation that has a valid meat establishment license pursuant to 81-9-201.
(b) "Nonprofit organization" means an organization exempt from taxation under 26 U.S.C. 501(c)(3), as amended.
History: En. Sec. 1, Ch. 28, L. 2017; amd. Sec. 30, Ch. 3, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 50. Retail Food Establishments › Part 2. Licensing › 50-50-201. License or permit required

50-50-201. License or permit required.
(1) (a) Except as provided in 50-50-202 and subsection (1)(b)(i) of this section, a person operating a retail food establishment shall procure an annual license from the department.
(b) (i) A temporary food establishment described in 50-50-120(2)(a) shall obtain a permit and pay a permit fee to the local regulatory authority in the county where the temporary food establishment is operated.
(ii) For a temporary food establishment described under 50-50-102(22)(b), each time a temporary food establishment alters its menu substantially by food type and means of production, a separate permit must be obtained and a separate permit fee paid.
(2) A separate license is required for each retail food establishment, but if more than one type of retail food establishment is operated on the same premises and under the same management, only one license is required.
(3) Only one retail food establishment license is required for a person owning and operating one or more vending machines.
(4) (a) Except as provided in subsection (4)(b), a retail food establishment license issued by the department is not valid unless signed in accordance with 50-50-214.
(b) A temporary food establishment permit must be signed by the local health officer or the health officer's designee to be valid.
(5) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the licensing of a mobile retail food establishment subject to tribal regulations. The agreement must include an appeals process if the license is not validated.
(6) If there is not a cooperative agreement pursuant to subsection (5), the department may issue a license to a person operating a mobile retail food establishment.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(1) thru (3); amd. Sec. 2, Ch. 200, L. 1979; amd. Sec. 2, Ch. 199, L. 1987; amd. Sec. 12, Ch. 366, L. 1997; amd. Sec. 14, Ch. 239, L. 2015.