Montana Administrative Code

32.12.208 B QUALITY The shell must be unbroken and may be slightly abnormal and may show slight stains but no adhering dirt, provided that the stains do not appreciably detract from the appearance of the egg. When the stain is localized, approximately 1/32 of the shell surface ma…

32.12.209 C QUALITY The shell must be unbroken, may be abnormal and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/4 of the shell surface. Eggs having shells with prominent stains or adhering dirt are not permitted. The ai…

32.12.301 FRESH FANCY QUALITY OR FRESH FANCY AA GRADES: MINIMUM REQUIREMENTS OF PROCUREMENT AND DISTRIBUTION Each packing station or plant must have a satisfactory procurement and distribution program including, but not limited to, the following requirements at the farm and retai…

32.12.302 FRESH FANCY QUALITY OR FRESH FANCY AA GRADES: MINIMUM REQUIREMENTS AT PACKAGING PLANTS The quality factor of albumen firmness must be determined by the broken-out score, measured in Haugh units. The condition of the yolk shall be observed during such tests. The break-ou…

32.12.303 REQUIREMENTS FOR EGGS PACKAGED UNDER GRADE A MARK Eggs packaged with the Grade A label shall meet all the provisions of ARM 32.12.301 and 32.12.302 except for the following. A flock must consist of birds located on the same farm and managed under identical supervision. …

32.12.501 MONTANA GRADES AND WEIGHT CLASSES FOR SHELL EGGS These grades are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. Reference to these standards to the term "case" means 30 dozen eggs per case as used in commercial practices i…

32.12.502 MONTANA CONSUMER GRADES AND WEIGHT CLASSES FOR SHELL EGGS Grades. Fresh fancy quality shall consist of eggs meeting the requirements as set forth in ARM 32.12.301 and 32.12.302. Montana grade AA. Montana consumer grade AA at origin must consist of eggs which are 85% AA …

32.12.503 MONTANA PROCUREMENT GRADES AND WEIGHT CLASSES FOR SHELL EGGS Montana procurement grade I. Montana procurement grade I at origin must consist of eggs which are 85% A quality or better. Within the maximum of 15% which may be below A quality, not more than 5% may be of the…

32.12.504 MONTANA WHOLESALE GRADES AND WEIGHT CLASSES FOR SHELL EGGS Grades. Montana specials --- % AA quality must consist of eggs of which at least 20% are AA quality. The actual percentage of AA quality eggs must be stated in the grade name. Within the maximum of 80% which may…

32.12.601 GENERAL REQUIREMENTS FOR BUILDINGS AND PLANT FACILITIES Buildings must be of sound construction so as to prevent, insofar as practicable, the entrance or harboring of vermin. Grading and packing rooms must be of sufficient size to permit installation of necessary equipm…

32.12.602 GRADING ROOM REQUIREMENTS The grading and candling room must be adequately darkened to make possible accurate quality determination of the candled appearance of eggs. There may be no crossbeams of light, and reflections from candling lights must be kept to a minimum. Ca…

32.12.603 COOLER ROOM REQUIREMENTS Cooler rooms must have refrigeration facilities capable of reducing within 24 hours and holding the maximum volume of eggs handled to a temperature of 55°F. or below. Thermometers, accurate to Cooler rooms must be free from objectionable odors, …

32.12.604 SHELL EGG PROTECTING OPERATIONS Shell egg protecting (oil processing) operations must be conducted in a manner to avoid contamination of the product and maximize conservation of its quality. Eggs with excess moisture on the shell may not be shell protected. Oil having a…

32.12.605 SHELL EGG CLEANING OPERATION Shell egg cleaning equipment must be kept in good repair and operating condition and must be cleaned after each day's use or more frequently if necessary. Mineral deposits must be removed, either manually or by de-liming agents, when necessa…

32.12.606 REQUIREMENTS FOR EGGS WHICH ARE TO BE MARKED WITH OFFICIAL MONTANA IDENTIFICATION MARK Shell eggs, except as otherwise provided in sub-chapter 3 and those graded from commercial cold storage, may not be below 40°F. or above 70°F. at the time of official grading. Eggs he…

32.12.607 USE OF PESTICIDES Pesticides, insecticides and rodenticides used in the plant must be approved and shall be stored, handled and applied in accordance with the manufacturer's instructions. Authorizing statute(s): Sec. 81-20-207 MCA Implementing statute(s): Sec. 81-20-207…

32.12.608 HEALTH AND HYGIENE OF PERSONNEL No person known to have a communicable or infectious disease may come in contact with eggs or egg products. Plant personnel coming in contact with eggs and egg products shall wear clean, washable clothing. Authorizing statute(s): Sec. 81-…

32.15.101 OPERATION OF THE MARKET Each market must be operated in such a manner as to provide for free and competitive bidding on the purchase and sale of all livestock. Authorizing statute(s): Sec. 81-8-231 MCA Implementing statute(s): Sec. 81-8-231 MCA History: Eff. 12/31/72.…

32.15.102 RECORDS TO BE KEPT Each licensed market or livestock video auctionshall keep and maintain a complete and accurate record of all animals purchased andsold, including description of the animal, name of person selling or offering for sale, date of sale, and the name of the…

32.15.103 CERTIFICATES All certificates issued by the Montana department of livestock, brands-enforcement division, are a personal privilege to the licensee, and such certificate, or any interest therein, cannot be transferred to or acquired by any other person or organization wi…

32.15.104 CHANGES IN OPERATION OF MARKET The owner of a licensed livestock market must immediately notify the department of livestock of any changes in ownership, management, control, operation, the regular sale day or location of the market. All changes are subject to the prior …

32.15.105 PROCEDURES FOR OBTAINING DEPARTMENTAL APPROVAL OF MARKET CHANGES All requests for approval of changes in the ownership, management, control, operations, regular sale day, or location of a livestock auction market must be submitted to the department of livestock by writt…

32.15.106 FINANCIAL REPORTS Each livestock market shall file with the Montana department of livestock, brands-enforcement division, an annual financial report reflecting a current statement of its assets and liabilities and a current statement of its annual income and expense at …

32.15.107 REVIEW OF BOND REQUIREMENTS The Montana department of livestock, brands-enforcement division shall annually review the bond of any licensed market and increase or decrease the amount of the bond required in the operation of the market. Any market aggrieved by a departme…

32.15.108 CUSTODIAL ACCOUNTS Each livestock market shall keep and maintain a "custodial account" in a separate bank account. All proceeds from sales at a licensed market shall be placed in the "custodial account". Such funds must be disbursed to the persons entitled thereto. A li…

32.15.109 SCOPE OF BUSINESS OF MARKET A licensed market must be conducted at all times as a public livestock market separate and apart from any other business. Any business such as a livestock grower or feeder, dealer, order buyer or auctioneer must be conducted separate and dist…

32.15.110 LIVESTOCK MARKET YARD REGULATIONS Every licensed market shall keep and maintain the separate identity of the animals at the market. All livestock entering such a market enclosure for sale must be checked in to the operator of the market at the time of delivery of the li…

32.15.111 CONSTRUCTION No rule as adopted may be construed as limiting or abrogating any authority or powers granted by law to the Montana department of livestock, brands-enforcement division but is deemed to be support thereof. Authorizing statute(s): Sec. 81-8-231 MCA Implement…

32.15.201 DEFINITIONS In this sub-chapter: "Consignor pens" means pens in which animals are placed and held prior to being sold. "Outbuyer pens" means pens in which animals are placed and held after they have been sold. Authorizing statute(s): Secs. 81-2-102, 81-8-231 MCA Impleme…

32.15.202 PROPER CONSTRUCTION REQUIREMENTS: AREAS TO BE CONCRETED: DRAINAGE Properly constructed loading and unloading chutes, and holding pens must be provided for the humane, sanitary, and efficient handling of livestock. The surface of all loading pens, all unloading pens, all…

32.15.203 VETERINARY INSPECTION FACILITIES Adequate facilities must be provided for the handling, testing, dipping, or treating of diseased or exposed animals when handling, testing, dipping, or treating is required by the Montana Department of Livestock. Proper chutes and suffic…

32.15.204 QUARANTINE PENS A suitable quarantine pen, or pens, located in a portion of the yard approved by a representative of the Montana department of livestock, animal health division, must be provided in each livestock market. The top rail of the gate of each quarantine pen m…

32.15.205 SANITATION All livestock markets must be kept in a clean and sanitary manner. Breeding places for flies or other insects must be prevented. Flies and other insects must be kept under control. Following the completion of each day's sale, the sale ring, entering and exit …

32.15.206 CLOSURE OF PEN, ALLEYWAY, OR OTHER SECTION OF MARKET When a pen, alleyway or any section of a market becomes filthy, or is considered deleterious to animal health, it must be ordered closed and be placarded by a representative of the Montana department of livestock, ani…

32.15.207 HANDLING OF ANIMALS FOUND TO BE DISEASED OR CONDEMNED All animals determined to be brucellosis reactors as the result of an official test, reactors to the tuberculin test, animals found diseased or condemned by the Montana department of livestock, animal health division…

32.15.208 DUTIES OF STATE-APPOINTED MARKET VETERINARIANS A deputy state veterinarian provided at the expense of the livestock market, but authorized by the Montana Department of Livestock, Animal Health Division must inspect all livestock coming into livestock markets, make and k…

32.15.209 VETERINARY FEES The fees for health certification for interstate shipment and for necessary tests or vaccinations will be paid by the owner of the livestock. Authorizing statute(s): 81-2-102, 81-8-231, MCA Implementing statute(s): 81-2-102, 81-8-231, MCA History: Eff. 1…

32.15.210 PERSONS AUTHORIZED TO TEST, VACCINATE, OR ISSUE HEALTH CERTIFICATES The issuing of health certificates, necessary testing, and vaccinating may be done by either the veterinarian representing the Montana Department of Livestock, Animal Health Division, or by another depu…

32.15.211 MARKET RESPONSIBILITY Each market is responsible for ensuring that all livestock sales are held in compliance with the disease control regulations of the Montana department of livestock, animal health division. Authorizing statute(s): Sec. 81-2-102 MCA Implementing stat…

32.15.601 BRAND MORTGAGES A brand mortgage (lien) covering branded livestock must be filed with the Department of Livestock. Brand mortgages apply to cattle with Montana brands only. A brand mortgage may be referred to as a notice of security agreement or lien on branded livestoc…

32.15.602 RENEWAL REQUIREMENTS Brand mortgages and assignments must be renewed every five years commencing on January 1, 1983 and every five years thereafter. Renewal requirements are: a completed notice of continuation of brand mortgage; and the appropriate filing fee paid to th…

32.15.701 DEFINITIONS In this sub-chapter "Person" means an association, corporation, partnership, or other business unit or arrangement, or a natural person. When used in the singular the plural is included. "Board" means the board of livestock provided for in 2-15-3102, MCA. "A…

32.15.702 PERMIT REQUIRED TO CONDUCT ASSOCIATION TEST STATION SALE-EXCEPTIONS A person desiring to conduct an association or test station sale after June 1, 1976, shall obtain prior approval from the board by submitting a completed application requesting a permit to conduct such …

32.15.703 CONDITIONS UNDER WHICH A PERMIT WILL BE ISSUED To obtain a permit to conduct an association or test station sale the following conditions must be agreed to and performed by the applicant: A custodial account must be established and all proceeds from the sale of livestoc…

32.15.801 AUTHORIZED TAX AND BEGINNING DATE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 81-8-803 MCA Implementing statute(s): Sec. 81-8-804 MCA History: NEW, 1981 MAR p. 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.15.802 ASSESSMENT METHOD (IS HEREBY REPEALED) Authorizing statute(s): Sec. 81-8-803 MCA Implementing statute(s): Sec. 81-8-804 MCA History: NEW, 1981 MAR p. 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.15.803 PAYMENT DATES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 81-8-803 MCA Implementing statute(s): Sec. 81-8-804 MCA History: NEW, 1981 MAR 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.15.804 REFUND OF TAX (IS HEREBY REPEALED) Authorizing statute(s): Sec. 81-8-803 MCA Implementing statute(s): Sec, 81-8-804 MCA History: NEW, 1981 MAR 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.15.901 NOTICE OF CHANGE OF EMPLOYMENT STATUS All livestock dealers who employ agents must immediately notify the department of livestock of any changes in employment status relative to those agents. Failure to notify the department of livestock of any change in employment stat…

32.18.101 HOT IRON BRANDS REQUIRED Under the brand laws of the state only hot iron brands will be recognized by the Department of Livestock, Brands Enforcement Division on all livestock, with the exception that freeze brands may be applied to: horses, mules, or asses; and cattle …