reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-202. Misbranded hazardous substance defined

50-30-202. Misbranded hazardous substance defined.
(1) "Misbranded hazardous substance" means a hazardous substance (including a toy or other article intended for use by children which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom the toy or other article is entrusted) intended or packaged in a form suitable for use by the public or by children which, except as otherwise provided under 50-30-216 or 50-30-217, fails to bear a label:
(a) which states conspicuously:
(i) the name and place of business of the manufacturer, packer, distributor, or seller;
(ii) the common or usual name or the chemical name (if there is not a common or usual name) of the hazardous substance or each component which contributes substantially to its hazard unless the department by rule permits or requires the use of a recognized generic name;
(iii) the signal word "danger" on substances which are extremely flammable, corrosive, or highly toxic;
(iv) the signal word on all other hazardous substances;
(v) an affirmative statement of the principal hazard or hazards, such as:
(A) "flammable";
(B) "combustible";
(C) "vapor harmful";
(D) "causes burns";
(E) "absorbed through skin"; or
(F) similar wording descriptive of the hazard;
(vi) precautionary measures describing the action to be followed or avoided, except when modified by a rule of the department under 50-30-216 or 50-30-217;
(vii) instruction, when necessary or appropriate, for first-aid treatment;
(viii) "poison" for any hazardous substance which is defined as "highly toxic" by 50-30-205; and
(ix) instructions for handling and storage of packages which require special care in handling or storage such as:
(A) "keep out of the reach of children" or its practical equivalent; or
(B) if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard; and
(b) on which a statement required under subsection (1)(a) of this section is located prominently and is in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.
(2) The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this subsection, the terms "food", "drug", and "cosmetic" shall have the same meanings as in the Montana Food, Drug, and Cosmetic Act.
History: (1)En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; Sec. 69-7102, R.C.M. 1947; (2)En. 69-7104 by Sec. 4, Ch. 394, L. 1975; Sec. 69-7104, R.C.M. 1947; R.C.M. 1947, 69-7102(13), 69-7104(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-203. Banned hazardous substance defined

50-30-203. Banned hazardous substance defined.
(1) "Banned hazardous substance" means:
(a) a toy or other article intended for use by children which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom the toy or other article is entrusted; or
(b) a hazardous substance intended or packaged in a form suitable for use by the general public which the department by rule classifies as a banned hazardous substance on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this chapter for that substance, the degree or nature of the hazard involved in the presence or use of the substance by the general public is such that the objective of the protection of the public health and safety can be adequately served only by keeping the substance, when so intended or packaged, out of the channels of commerce.
(2) The department by rule shall exempt from subsection (1)(a) of this section articles such as chemical sets which, by reason of their functional purpose, require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity and may reasonably be expected to read and heed the directions and warnings.
(3) Proceedings for the issuance, amendment, or repeal of rules under subsections (1)(b) and (2) of this section shall be governed by the provisions of 50-30-219 and 50-30-220.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(14).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-204. Toxic defined

50-30-204. Toxic defined.
"Toxic" means a substance, other than a radioactive substance, that has the capacity to produce personal injury or illness to humans through ingestion, inhalation, or absorption through any body surface.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(5); amd. Sec. 1836, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-205. Highly toxic defined

50-30-205. Highly toxic defined.
(1) "Highly toxic" means a substance that falls within any of the following categories:
(a) produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams at a single dose of 50 milligrams or less per kilogram of body weight when orally administered;
(b) produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams when inhaled continuously for a period of 1 hour or less at an atmosphere concentration of 200 parts per million or less by volume of gas or vapor or 2 milligrams per liter or less by volume of mist or dust if that concentration is likely to be encountered by humans when the substance is used in a reasonably foreseeable manner; or
(c) produces death within 14 days in one-half or more of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours or less.
(2) If the department finds that available data on human experience with a substance indicates results different from those obtained on animals in the dosages or concentrations described in subsection (1), the human data must take precedence.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(6); amd. Sec. 1837, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-206. Corrosive defined

50-30-206. Corrosive defined.
"Corrosive" means a substance which in contact with living tissue will cause destruction of tissue by chemical action but does not refer to action on inanimate surfaces.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(7).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-207. Irritant defined

50-30-207. Irritant defined.
"Irritant" means a substance not corrosive within the meaning of 50-30-206 which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(8).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-208. Strong sensitizer defined

50-30-208. Strong sensitizer defined.
"Strong sensitizer" means a substance which will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(9).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-209. Extremely flammable, flammable, and combustible defined

50-30-209. Extremely flammable, flammable, and combustible defined.
(1) "Extremely flammable" applies to a substance which has a flash point at or below 20 degrees F, as determined by the Tagliabue open cup tester.
(2) "Flammable" applies to a substance which has a flash point above 20 degrees to and including 80 degrees F, as determined by the Tagliabue open cup tester.
(3) "Combustible" applies to a substance which has a flash point above 80 degrees to and including 150 degrees F, as determined by the Tagliabue open cup tester.
(4) The flammability or combustibility of solids and the contents of self-pressurized containers shall be determined by methods found by the department to be generally applicable to the materials or containers, respectively, and established by rules issued by the department, which rules shall also define the terms "flammable", "combustible", and "extremely flammable" in accord with the methods used.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(10).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-210. Radioactive substance defined

50-30-210. Radioactive substance defined.
"Radioactive substance" means a substance which emits ionizing radiation.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(11).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-211. Label defined

50-30-211. Label defined.
"Label" means a display of written, printed, or graphic matter upon the immediate container ("immediate container" does not include package liners) of a substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(part (12)).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-212. Electrical hazards

50-30-212. Electrical hazards.
An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric shock.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(15).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-213. Mechanical hazards

50-30-213. Mechanical hazards.
An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness:
(1) from fracture, fragmentation, or disassembly of the article;
(2) from propulsion of the article (or a part or accessory thereof);
(3) from points or other protrusions, surfaces, edges, openings, or closures;
(4) from moving parts;
(5) from lack or insufficiency of controls to reduce or stop motion;
(6) as a result of self-adhering characteristics of the article;
(7) because the article (or a part or accessory thereof) may be aspirated or ingested;
(8) because of instability; or
(9) because of any other aspect of the article's design or manufacture.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(16).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-214. Thermal hazards

50-30-214. Thermal hazards.
An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(17).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-215. Declaration of hazardous substance

50-30-215. Declaration of hazardous substance.
When in the judgment of the department such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the department may by rule declare to be a hazardous substance a substance or mixture of substances which the department finds meets the requirements of 50-30-201(1)(a).
History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-216. Additional labeling requirements

50-30-216. Additional labeling requirements.
If the department finds that the requirements of 50-30-202(1)(a) are not adequate for the protection of the public health and safety in view of the special hazard presented by a hazardous substance, the department may by rule establish such reasonable variations or additional labeling requirements as are necessary for the protection of the public health and safety, and a hazardous substance intended or packaged in a form suitable for use by the general public or by children which fails to bear a label in accordance with the rules is a misbranded hazardous substance.
History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-217. Exemption from labeling requirements

50-30-217. Exemption from labeling requirements.
If the department finds that because of the size of the package involved, because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the department shall adopt rules exempting the substance from these requirements to the extent of being consistent with adequate protection of the public health and safety.
History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-218. When labeling requirement complied with

50-30-218. When labeling requirement complied with.
A requirement made by or under authority of this chapter that a word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears:
(1) on the outside container or wrapper, if any, unless it is easily legible through the outside container or wrapper; and
(2) on all accompanying literature where there are directions for use, written or otherwise.
History: En. 69-7102 by Sec. 2, Ch. 394, L. 1975; amd. Sec. 27, Ch. 187, L. 1977; R.C.M. 1947, 69-7102(part (12)).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 2. Hazardous Substances › 50-30-219. Ban of hazardous substance authorized

50-30-219. Ban of hazardous substance authorized.
If the department finds that the hazard of an article subject to this chapter is such that labeling adequate to protect the public health and safety cannot be devised or the article presents an imminent danger to the public health and safety, the department may declare the article a banned hazardous substance and require its removal from commerce.
History: En. 69-7103 by Sec. 3, Ch. 394, L. 1975; amd. Sec. 28, Ch. 187, L. 1977; R.C.M. 1947, 69-7103(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 3. Prohibited Acts, Penalties, and Remedies › 50-30-301. Prohibited acts

50-30-301. Prohibited acts.
The following acts and causing the following acts are prohibited:
(1) the introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance;
(2) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of or the doing of any other act with respect to a hazardous substance if the act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;
(3) the receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of the substance for pay or otherwise;
(4) the giving of a guarantee or undertaking referred to in 50-30-305(2) that is false, except by a person who relies upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom the person received in good faith the hazardous substance;
(5) the failure to permit entry or inspection as authorized by 50-30-107(1) or to permit access to any copying of any record as authorized by 50-30-108;
(6) the introduction or delivery for introduction into commerce or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise of a hazardous substance in a reused food, drug, or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification;
(7) the use by any person to the person's own advantage or revealing other than to the department or officers or employees of the agency or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of 50-30-106 and 50-30-107 concerning any method or process that as a trade secret is entitled to protection.
History: En. 69-7104 by Sec. 4, Ch. 394, L. 1975; R.C.M. 1947, 69-7104(part); amd. Sec. 7, Ch. 37, L. 1979; amd. Sec. 1838, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 3. Prohibited Acts, Penalties, and Remedies › 50-30-302. Notice and hearing required prior to prosecution

50-30-302. Notice and hearing required prior to prosecution.
Before a violation of this chapter is reported to a county attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views before the department, either orally or in writing and either in person or by attorney, with regard to the contemplated proceeding.
History: En. 69-7108 by Sec. 8, Ch. 394, L. 1975; amd. Sec. 31, Ch. 187, L. 1977; R.C.M. 1947, 69-7108(part); amd. Sec. 1839, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 3. Prohibited Acts, Penalties, and Remedies › 50-30-303. Department and county attorney to prosecute violations

50-30-303. Department and county attorney to prosecute violations.
It is the duty of the department or the county attorney to whom the department reports a violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
History: En. 69-7108 by Sec. 8, Ch. 394, L. 1975; amd. Sec. 31, Ch. 187, L. 1977; R.C.M. 1947, 69-7108(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 3. Prohibited Acts, Penalties, and Remedies › 50-30-304. Penalty

50-30-304. Penalty.
A person who violates the provisions of 50-30-301 is guilty of a misdemeanor and shall be fined no more than $500 or be imprisoned for any term not to exceed 90 days, or both. For offenses committed with intent to defraud or mislead or for second and subsequent offenses, the penalty shall be imprisonment for any term not to exceed 1 year or a fine of no more than $3,000, or both.
History: En. 69-7105 by Sec. 5, Ch. 394, L. 1975; amd. Sec. 29, Ch. 187, L. 1977; R.C.M. 1947, 69-7105(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 3. Prohibited Acts, Penalties, and Remedies › 50-30-305. Exceptions to penalty

50-30-305. Exceptions to penalty.
A person is not subject to the penalties of 50-30-304:
(1) for having violated 50-30-301(3) if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith unless the person refuses to furnish on request of an officer or employee duly designated by the department the name and address of the person from whom the person purchased or received the hazardous substance and copies of all documents pertaining to the delivery of the hazardous substance to the person; or
(2) for having violated 50-30-301(1) if the person establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom the person received in good faith the hazardous substance to the effect that the hazardous substance is not a misbranded or banned hazardous substance within the meaning of those terms in this chapter.
History: En. 69-7105 by Sec. 5, Ch. 394, L. 1975; amd. Sec. 29, Ch. 187, L. 1977; R.C.M. 1947, 69-7105(2); amd. Sec. 1840, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 3. Prohibited Acts, Penalties, and Remedies › 50-30-306. Injunction authorized

50-30-306. Injunction authorized.
In addition to the remedies hereinafter provided, the department is authorized to apply to court for and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating any provision of 50-30-301, irrespective of whether or not there exists an adequate remedy at law.
History: En. 69-7106 by Sec. 6, Ch. 394, L. 1975; R.C.M. 1947, 69-7106.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 30. Consumer Product Safety Act › Part 3. Prohibited Acts, Penalties, and Remedies › 50-30-307. Detainer of misbranded or banned hazardous substance

50-30-307. Detainer of misbranded or banned hazardous substance.
(1) If a duly authorized agent of the department finds or has probable cause to believe that a hazardous substance is misbranded or is a banned hazardous substance within the meaning of this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice that the article is or is suspected of being misbranded or is a banned hazardous substance and has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for a person to remove or dispose of a detained or embargoed article by sale or otherwise without permission.
(2) If an article detained or embargoed under subsection (1) is found by the agent to be misbranded or a banned hazardous substance, the agent shall petition the judge of the city, justice's, or district court in whose jurisdiction the article is detained or embargoed for an order of condemnation of the article. If the agent finds that an article detained or embargoed is not misbranded or a banned hazardous substance, the agent shall remove the tag or other marking.
(3) (a) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, the article must, after entry of the decree, be destroyed at the expense of the claimant of the article under supervision of the agent and all court costs and fees and storage and other proper expenses are to be taxed against the claimant of the article or the claimant's agent.
(b) If the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after the costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article will be properly labeled, has been executed, may by order direct that the article be delivered to the claimant of the article for the labeling under the supervision of an agent of the department. The expense of the supervision must be paid by the claimant. The article must be returned to the claimant on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of the supervision have been paid.
History: En. 69-7107 by Sec. 7, Ch. 394, L. 1975; amd. Sec. 30, Ch. 187, L. 1977; R.C.M. 1947, 69-7107; amd. Sec. 1841, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-101. Short title

50-31-101. Short title.
This chapter may be cited as the "Montana Food, Drug, and Cosmetic Act".
History: En. Sec. 1, Ch. 307, L. 1967; R.C.M. 1947, 27-701.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-102. Applicability of chapter

50-31-102. Applicability of chapter.
The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of these articles for sale; the sale, dispensing, and giving of these articles; and the supplying or applying of these articles in the conduct of a food, drug, or cosmetic establishment.
History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(q).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-104. Department authorized to adopt rules

50-31-104. Department authorized to adopt rules.
(1) The department may adopt rules for the efficient enforcement of this chapter. The department may adopt by reference the regulations adopted by the food and drug administration under the federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.).
(2) No hearing is required for adoption by reference of those regulations adopted under the federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.).
(3) The department may not establish rules related to enforcement of this chapter for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 21, Ch. 307, L. 1967; amd. Sec. 3, Ch. 171, L. 1971; amd. Sec. 4, Ch. 349, L. 1974; R.C.M. 1947, 27-721; amd. Sec. 5, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-105. Publication of information by department

50-31-105. Publication of information by department.
(1) The department may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.
(2) The department may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the department deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.
History: En. Sec. 23, Ch. 307, L. 1967; R.C.M. 1947, 27-723.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-106. Inspections and taking of samples authorized

50-31-106. Inspections and taking of samples authorized.
(1) The department or its authorized agents have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to any vehicle being used to transport or hold the foods, drugs, devices, or cosmetics in commerce, for the purpose of:
(a) inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; and
(b) securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the sample.
(2) The department shall make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this chapter is being violated.
(3) Pursuant to Title 50, chapter 49, part 2, the department may not conduct inspections of or take samples from producers as defined in 50-49-202.
History: En. Sec. 22, Ch. 307, L. 1967; amd. Sec. 3, Ch. 187, L. 1977; R.C.M. 1947, 27-722; amd. Sec. 6, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-107. False or misleading representations

50-31-107. False or misleading representations.
(1) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(2) If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or a combination of these but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under conditions of use as are customary or usual.
History: (1)En. Sec. 20, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 27-720, R.C.M. 1947; (2)En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; Sec. 27-702, R.C.M. 1947; R.C.M. 1947, 27-702(l), 27-720(a).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-109. Use of additives

50-31-109. Use of additives.
Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of application of 50-31-202(2) with respect to any food, 50-31-305(1) through (5) with respect to any drug or device, or 50-31-401(1) with respect to any cosmetic unless there is in effect a regulation pursuant to 50-31-108 limiting the quantity of such substance and the use or intended use of such substance conforms to the terms prescribed by such regulation. While such regulation relating to such substance is in effect, a food, drug, or cosmetic shall not by reason of bearing or containing such substance in accordance with the regulation be considered adulterated within the meaning of 50-31-202(1), 50-31-305(1) through (5), or 50-31-401(1).
History: En. Sec. 13, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-713(a).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-110. Certain agricultural chemicals not color additives

50-31-110. Certain agricultural chemicals not color additives.
Subsections (5) and (6) of 50-31-103 do not apply to a pesticide chemical, soil or plant nutrient, or other agricultural chemical that affects the color of produce of the soil, whether before or after harvest, solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil.
History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(u)(3); amd. Sec. 3, Ch. 361, L. 1981; amd. Sec. 5, Ch. 169, L. 1989; amd. Sec. 2, Ch. 373, L. 2003; amd. Sec. 2, Ch. 186, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 1. General Provisions › 50-31-111. When labeling requirement complied with

50-31-111. When labeling requirement complied with.
A requirement made by or under authority of this chapter that a word, statement, or other information shall appear on the label is not complied with unless the word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of the article or is easily legible through the outside container or wrapper.
History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(i)(part); amd. Sec. 9, Ch. 37, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-201. Department authorized to adopt food standards

50-31-201. Department authorized to adopt food standards.
(1) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall adopt regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, standard of quality, and/or fill of container.
(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which must be named on the label.
(3) The definitions and standards must conform as much as practicable to the definitions and standards promulgated under authority of the federal act, or the department may adopt by reference the definitions and standards promulgated under authority of the federal act.
(4) The department may not adopt food standards or regulations under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 9, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-709; amd. Sec. 8, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-204. Labeling requirements for products in semblance of honey or containing honey

50-31-204. Labeling requirements for products in semblance of honey or containing honey.
(1) Any product sold in semblance of honey which is a blend or mixture of honey and other ingredients must be labeled in such a way that the name of the main ingredient added to the honey will be printed so that it will be as prominent and conspicuous as the word "honey". The word "imitation" may not be used in the name of a product which is in semblance of honey whether or not it contains any honey.
(2) The label for a product which is not in semblance of honey and which contains honey may include the word "honey" in the name of the product. The relative position of the word "honey" in the product name and in the list of ingredients, when required, shall be determined by its prominence as an ingredient in the product.
History: En. Sec. 3, Ch. 307, L. 1967; amd. Sec. 2, Ch. 171, L. 1971; amd. Sec. 2, Ch. 114, L. 1974; amd. Sec. 9, Ch. 403, L. 1977; R.C.M. 1947, 27-703(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-205. Repealed

50-31-205. Repealed.
Sec. 6, Ch. 373, L. 2003.
History: En. Sec. 12, Ch. 307, L. 1967; R.C.M. 1947, 27-712(a).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-206. Repealed

50-31-206. Repealed.
Sec. 6, Ch. 373, L. 2003.
History: En. Sec. 12, Ch. 307, L. 1967; R.C.M. 1947, 27-712(c).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-207. Repealed

50-31-207. Repealed.
Sec. 6, Ch. 373, L. 2003.
History: En. Sec. 12, Ch. 307, L. 1967; R.C.M. 1947, 27-712(b).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-208. Sale of hamburger and beef patty mix

50-31-208. Sale of hamburger and beef patty mix.
(1) A food service establishment or retail meat establishment may not use the terms "hamburger", "burger", or other similar term in any advertisement or menu to refer to any beef patty mix. A food service establishment or retail meat establishment selling or serving beef patty mix may refer to the product as "beef patty mix" or by any other term that accurately informs the customer of the nature of the food product being sold or served.
(2) If beef patty mix is sold or served in a food service establishment or retail meat establishment, a list of ingredients must appear on the menu or label or, if there is not a menu or label, on a placard as follows:
(a) The term "beef patty mix" or any other term that accurately informs the customer of the nature of the food product and its ingredients must be included.
(b) The ingredients must be listed in descending order of predominance by weight.
(c) The lettering on the placard must be at least 1 inch in height (72-point letters), in boldface, and in colors that contrast with the placard.
(d) The placard must be posted in a permanent place, conspicuous to the customer, in each room or area where food is served or sold at retail.
(3) If hamburger or ground beef is sold in a retail meat establishment, the grade of hamburger or ground beef, as enumerated in 50-31-103(19), and the maximum fat and minimum lean content must appear on each displayed package or, if the product is not packaged for display, on a placard. If a placard is used, it must satisfy the requirements of subsections (2)(c) and (2)(d). The provisions of this subsection do not apply to the service of prepared hamburger or ground beef at a food service establishment.
History: En. Sec. 5, Ch. 456, L. 1979; amd. Sec. 2, Ch. 361, L. 1981; amd. Sec. 6, Ch. 169, L. 1989; amd. Sec. 2, Ch. 133, L. 1991; amd. Sec. 3, Ch. 373, L. 2003; amd. Sec. 4, Ch. 186, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-221. Repealed

50-31-221. Repealed.
Secs. 5, 7(2), Ch. 172, L. 1999.
History: En. Sec. 3, Ch. 605, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-222. Repealed

50-31-222. Repealed.
Secs. 5, 7(2), Ch. 172, L. 1999.
History: En. Sec. 4, Ch. 605, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-223. Repealed

50-31-223. Repealed.
Secs. 5, 7(2), Ch. 172, L. 1999.
History: En. Sec. 5, Ch. 605, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-231. Repealed

50-31-231. Repealed.
Secs. 5, 7(2), Ch. 172, L. 1999.
History: En. Sec. 6, Ch. 605, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-236. Repealed

50-31-236. Repealed.
Sec. 6, Ch. 373, L. 2003.
History: En. Sec. 2, Ch. 169, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-237. Health claims for bottled water

50-31-237. Health claims for bottled water.
Claims of medicinal or health-giving properties on labels or in advertisements for bottled water are prohibited.
History: En. Sec. 3, Ch. 169, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 2. Food and Bottled Water › 50-31-238. Repealed

50-31-238. Repealed.
Sec. 6, Ch. 373, L. 2003.
History: En. Sec. 4, Ch. 169, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-301. Definitions

50-31-301. Definitions.
As used in this part, the following definitions apply:
(1) "Antibiotic drug" means any drug intended for use by humans containing any quantity of any chemical substance that is produced by a microorganism and that has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of such a substance).
(2) "Code imprint" means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, marks or monograms unique to the manufacturer or distributor of the drug, or both.
(3) "Distributor" means a person who distributes for resale a drug in solid dosage form under the person's own label whether or not the person is the manufacturer of the drug.
(4) "Established name", with respect to a drug or ingredient of the drug, means:
(a) the applicable official name designated pursuant to section 508 of the federal act (21 U.S.C. 358);
(b) if there is no official name and the drug or the ingredient is an article recognized in an official compendium, then the official title of the drug or ingredient in the compendium. If this subsection (4)(b) applies to an article recognized in the United States Pharmacopoeia, the official title used in the United States Pharmacopoeia applies.
(c) if neither subsection (4)(a) nor (4)(b) applies, then the common or usual name, if any, of the drug or of the ingredient.
(5) "Legend drug" means any drug defined by section 503(b) of the federal act (21 U.S.C. 353(b)), as amended on January 15, 1980, under which its label is required to bear the statement: "Caution: Federal law prohibits dispensing without prescription."
(6) "Manufacturer" means a person who mixed the final ingredients and prepared the final drug product.
(7) "Solid dosage form" means capsules or tablets intended for oral use.
History: En. Sec. 15, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-715(part); amd. Sec. 1, Ch. 403, L. 1979; amd. Sec. 1, Ch. 95, L. 1981; amd. Sec. 1, Ch. 239, L. 1983; amd. Sec. 213, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-302. Antiseptics considered to be germicides

50-31-302. Antiseptics considered to be germicides.
The representation of a drug in its labeling or advertisement as an antiseptic is considered to be a representation that it is a germicide except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use which involves prolonged contact with the body.
History: En. Sec. 2, Ch. 307, L. 1967; amd. Sec. 1, Ch. 171, L. 1971; amd. Sec. 1, Ch. 114, L. 1974; amd. Sec. 3, Ch. 349, L. 1974; R.C.M. 1947, 27-702(n).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-303. Certain drug advertisements considered false

50-31-303. Certain drug advertisements considered false.
(1) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or a sexually transmitted disease shall also be deemed to be false, except that no advertisement not in violation of 50-31-107(1) shall be deemed to be false under this section if it is disseminated only to members of the medical, dental, or veterinary professions or appears only in the scientific periodicals of these professions or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices.
(2) Whenever the department determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the department shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the department may deem necessary in the interests of public health.
(3) This section shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
History: En. Sec. 20, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-720(b); amd. Sec. 10, Ch. 37, L. 1979; amd. Sec. 17, Ch. 440, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 31. Montana Food, Drug, and Cosmetic Act › Part 3. Drugs and Devices › 50-31-304. Certain drugs and devices exempt from labeling requirements of chapter

50-31-304. Certain drugs and devices exempt from labeling requirements of chapter.
Drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling or packaging requirements of this chapter, provided that such drugs and devices are being delivered, manufactured, processed, labeled, repacked, or otherwise held in compliance with regulations issued by the department or under the federal act.
History: En. Sec. 15, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-715(part).