Montana Administrative Code

30.2.202 DEFINITIONS (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1988 MAR p. 1813, Eff. 8/12/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.2.203 ELIGIBILITY CRITERIA (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1988 MAR p. 1813, Eff. 8/12/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.2.204 APPLICATION PROCEDURES (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1988 MAR p. 1813, Eff. 8/12/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.2.205 APPLICATION REVIEW PROCEDURE (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, 2-89-107, MCA History: NEW, Eff. 8/12/88; AMD, 1988 MAR p. 2743, Eff. 12/23/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.2.206 APPLICATION REVIEW CRITERIA (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1988 MAR p. 1813, Eff. 8/12/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.2.207 GRANT PROVISIONS (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1988 MAR p. 1813, Eff. 8/12/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.2.208 PUBLIC RECORDS (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1988 MAR p. 1813, Eff. 8/12/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.2.209 GRANTS TO THE COUNTIES OR ORGANIZATIONS OF COUNTIES (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, 2-89-107, MCA History: NEW, 1988 MAR p. 2743, Eff. 12/23/88; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.101 PURPOSE (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-101, 2-89-105, 2-89-107, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.102 USES OF THE LOGO (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-101, 2-89-105, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.103 OFFICIAL COMMEMORATIVE PRODUCTS (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-101, 2-89-105, 2-89-107, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.104 OFFICIAL COMMEMORATIVE PROJECTS (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-101, 2-89-105, 2-89-107, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.105 SCHEDULE (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-101, 2-89-107, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.106 PERSONAL ENDORSEMENTS (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.107 INFORMATION ACCESS (REPEALED) Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-105, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.108 DURATION AND ENFORCEMENT (REPEALED) Authorizing statute(s): 2-89-106, 2-89-105, MCA Implementing statute(s): 2-89-101, 2-89-105, 2-89-107, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

30.3.109 WAIVERS (REPEALED) END OF TITLE 30 Authorizing statute(s): 2-89-106, MCA Implementing statute(s): 2-89-101, 2-89-105, 2-89-107, MCA History: NEW, 1986 MAR p. 2062, Eff. 12/27/86; REP, 2006 MAR p. 226, Eff. 1/27/06.

32.1.101 ORGANIZATIONAL RULE Organization of the Department of Livestock. History. The Department of Livestock was reorganized under the Executive Reorganization Act of 1971 by executive order of the Governor on November 22, 1971. Divisions. The department consists of three divis…

32.10.101 DEFINITIONS Milk and cream grader, weigher , or sampler means a person who grades, weighs or samples milk or cream purchased for use in milk plants or manufactured dairy products plants. Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA Implementing statute(s): Secs…

32.10.102 LICENSE REQUIRED All persons receiving or purchasing milk or cream and all persons collecting milk or cream on milk and cream routes shall provide a licensed grader, weigher and sampler at each receiving station or for each route. All milk or cream purchased for use in …

32.10.103 APPLICATION AND FEE FOR LICENSE Applications for a milk and cream grader, weigher and sampler license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana. A $5.00 license fee, payable to the department of livestock, mu…

32.10.104 LICENSE EXAMINATION Upon receipt of the completed license application form and the license fee, an authorized representative of the department of livestock, animal health division will give a performance examination to the license applicant. The performance examination …

32.10.105 QUALIFYING FOR LICENSE The license applicant shall demonstrate ability to grade milk and cream by organoleptic examination, sediment content and bacterial tests. He shall demonstrate ability to accurately weigh milk and cream; and properly collect milk and cream samples…

32.10.106 ANNUAL LICENSE RENEWAL A milk and cream grader, weigher and sampler license expires December 31 of each year. The license must be renewed by the first January 31 following the date of license expiration as follows: Receipt of a completed application form supplied by the…

32.10.201 DEFINITIONS "Milk and cream tester" means a person who conducts tests on milk or cream for butterfat, protein, solids or other components when such milk or cream is bought and paid for on the basis of the value of butterfat, protein, solids or other component content. A…

32.10.202 LICENSE REQUIRED All persons who perform any butterfat, protein, solids or other component content test where milk or cream is bought and paid for on the basis of such value must obtain a license from the department of livestock, animal health division. (History: Secs. …

32.10.203 APPLICATION AND FEE FOR LICENSE Applications for a milk and cream tester's license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana. A $10.00 license fee, payable to the department of livestock, shall accompany the …

32.10.204 LICENSE EXAMINATION Upon receipt of the completed license application form and the $10.00 license fee, an authorized representative of the department of livestock, animal health division will give a tester's performance examination to the license applicant. The tester's…

32.10.205 QUALIFYING FOR LICENSE A license applicant shall demonstrate to the examiner that he uses only approved laboratory equipment and reagents, conducts the tests by accepted procedures, and demonstrates accuracy of test results on 5 milk and/or 5 cream split samples tested …

32.10.206 ANNUAL LICENSE RENEWAL A milk and cream tester's license expires December 31 of each year. The license must be renewed by the first January 31 following the date of license expiration as follows: Receipt of a completed application form supplied by the department of live…

32.12.1001 DEFINITIONS In this sub-chapter "Candling" means the careful examination in a partially dark room or place of the whole egg by means of a strong light. "Grader" means a person who determines, with the assistance of candling, the quality and size of eggs in accordance w…

32.12.1002 APPLICATION AND FEE FOR LICENSE Applications for a grader's license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana 59601. A $5.00 license fee, payable to the department of livestock, must accompany the completed …

32.12.1003 LICENSE EXAMINATION Upon receipt of the completed license application form and the license fee, and authorized representative of the department of livestock, animal health division will give a written and performance examination to the license applicant. The written ex…

32.12.1004 ANNUAL LICENSE RENEWAL An egg grader's license expires March 31 each year after the year of issuance. The license may be renewed as follows: Receipt of a completed application form supplied by the department of livestock, animal health division; and Receipt of the $5.0…

32.12.101 DEFINITIONS In this chapter "Administrator" means the administrator of the animal health division, department of livestock. "Department" means the animal health division, department of livestock or its authorized representatives. "Ultimate consumer" means a householder,…

32.12.102 LABELING OF CONSUMER-SIZE CONTAINERS All eggs sold in consumer-size containers must be labeled in accordance with the Montana Food, Drug and Cosmetic Act and the Fair Packaging and Labeling Act as adopted and as may be amended. Authorizing statute(s): Sec. 81-20-207 MCA…

32.12.103 SIZE OF CERTIFICATE OF CANDLING The certificate required by section 81-20-204 MCA must be printed on cards or sheets of paper not smaller in size than 2 3/8 inches by 4 1/4 inches. Authorizing statute(s): Sec. 81-20-207 MCA Implementing statute(s): Sec. 81-20-204 MCA Hi…

32.12.104 EGGS DEFINED UNFIT FOR HUMAN CONSUMPTION Eggs defined and described as follows are deemed unfit for human food and may not be sold, offered or exposed for sale for human consumption. "Addled" or "white rot" means an egg that is putrid or rotten. "Moldy" means an egg whi…

32.12.105 CONDITION OF SALE FOR CHECKED SHELL EGGS Checked shell eggs may not be sold on or off premises to hospitals, institutions, nursing homes, convalescent homes, retirement homes, schools, whether privately or governmentally owned; or to food purveying establishments subjec…

32.12.106 ADULTERATING SHELL EGGS AND EGG PRODUCTS No person may adulterate eggs and/or egg products except with department-approved non-toxic substances or colorings and then only for purposes of making them inedible for humans or for rechanneling such eggs and egg products into…

32.12.107 REGRADING SHELL EGGS All eggs and egg products produced and/or sold in the state of Montana may be regraded by an official representative of the department at any place where they are produced, processed, held, kept, sold, or offered or intended for sale in order to asc…

32.12.108 SHELL EGGS IMPORTED INTO MONTANA All candled and graded eggs imported into the state of Montana must comply with quality, grade and weight standards of these rules and must be inspected and passed by a licensed Montana egg grader. All wholesalers and retailers of import…

32.12.109 FEDERAL-STATE POULTRY GRADING SERVICE – SHELL EGGS The department shall charge fees and expenses for shell egg grading, auditing, and regulatory services as stipulated in the Cooperative Agreement between the Agricultural Marketing Service of the United States Departmen…

32.12.201 APPLICABILITY, CANDLING PROCEDURE The Montana standards for quality of individual shell eggs contained in this sub-chapter are applicable only to eggs that are the product of the domesticated chicken hen and in the shell. Interior egg quality specifications for these st…

32.12.202 TERMS DESCRIPTIVE OF THE SHELL A "clean" shell is a shell that is free from foreign material and from stains or discolorations that are readily visible. A "dirty" shell is an unbroken shell that has dirt or foreign material adhering to its surface, which has prominent s…

32.12.203 TERMS DESCRIPTIVE OF AIR CELL The "depth of air cell" (air space between shell membranes, normally in the large end of the egg) is the distance from its top to its bottom when the egg is held air cell upward. A "practically regular" (AA or A quality) air cell is an air …

32.12.204 TERMS DESCRIPTIVE OF THE WHITE A "clear" white is a white that is free from discoloration or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies, such as spots and blood clots.) A "firm" (AA quality) white is a white th…

32.12.205 TERMS DESCRIPTIVE OF THE YOLK An "outline slightly defined" (AA quality) yolk is a yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled. An "outline fairly well defined" (A quality) yolk is a yolk outline that…

32.12.206 AA QUALITY The shell must be clean, unbroken and practically normal. The air cell may not exceed 1/8 inch in depth and be practically regular. The white must be clear and at least reasonably firm so that the yolk is only slightly defined when the egg is twirled before a…

32.12.207 A QUALITY The shell must be clean, unbroken and practically normal. The air cell may not exceed 3/16 inch in depth and must be practically regular. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is …