Montana Administrative Code

32.23.101 DEFINITIONS (REPEALED) Authorizing statute(s): 81-23-103, 81-23-402, MCA Implementing statute(s): 81-23-103, 81-23-402, MCA History: Eff. 2/5/76; AMD, Eff. 4/5/76; AMD, 1977 MAR p. 945, Eff. 11/14/77; AMD, 1982 MAR p. 1478, Eff. 7/30/82; AMD, 1982 MAR p. 1741, Eff. 10/1…

32.23.102 TRANSACTIONS INVOLVING THE PURCHASE AND RESALE OF MILK WITHIN THE STATE (REPEALED) Authorizing statute(s): 81-23-104, MCA Implementing statute(s): 81-23-103, 81-23-402, MCA History: NEW, 1993 MAR p. 3016, Eff. 12/24/93; AMD, 1996 MAR p. 455, Eff. 2/9/96; TRANS, from Com…

32.23.201 REGULATION OF UNFAIR TRADE PRACTICES (REPEALED) Authorizing statute(s): 81-23-104, MCA Implementing statute(s): 81-23-103, MCA History: Eff. 2/5/76; AMD, 1982 MAR p. 1741, Eff. 10/1/82; AMD, 1983 MAR p. 1817, Eff. 12/16/83; AMD, 1989 MAR p. 1196, Eff. 8/18/89; AMD, 1996…

32.23.301 LICENSEE ASSESSMENTS (REPEALED) Authorizing statute(s): 81-1-102, 81-23-104, 81-23-202, MCA Implementing statute(s): 81-1-102, 81-23-103, 81-23-202, MCA History: Eff. 7/1/75; TRANS, Eff. 1/4/76; AMD, Eff. 7/1/76; AMD, Eff. 7/5/77; AMD, 1982 MAR p. 1479, Eff. 7/30/82; AM…

32.23.302 ADDITIONAL PRODUCER ASSESSMENT (REPEALED) Authorizing statute(s): 81-23-105, MCA Implementing statute(s): 81-23-103, MCA History: NEW, 1977 MAR p. 945, Eff. 11/26/77; AMD, 1982 MAR p. 1742, Eff. 10/1/82; TRANS, from Commerce, 1996 MAR p. 456; REP, 2017 MAR p. 1151, Eff.…

32.23.401 PENALTIES (REPEALED) Authorizing statute(s): 81-23-104, 81-23-202, MCA Implementing statute(s): 81-23-103, 81-23-104, 81-23-202, 81-23-204, MCA History: NEW, 2016 MAR p. 588, Eff. 4/9/16; REP, 2017 MAR p. 1151, Eff. 8/1/17.

32.24.101 ORGANIZATION OF BOARD AND PROCEDURAL RULES The organization of the Board of Milk Control is set out in chapter 1 and the procedural rules of the Board of Milk Control are set out in chapter 2. Authorizing statute(s): 81-23-103, 81-23-302 MCA Implementing statute(s): 2-4…

32.24.110 SAVING CLAUSE It is the intention of the board that if any provision of this chapter, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this chapter, or the application of such provision to persons or circumstance…

32.24.150 DEFINITIONS As used in this chapter, unless the context otherwise requires, the following definitions apply: "Act" or "Milk Control Act" means the milk control laws contained in Title 81, chapter 23, MCA. "Board" means the Board of Milk Control. "Bureau" means the Milk …

32.24.201 PROCEDURAL RULES (REPEALED) Authorizing statute(s): 81-23-102, 81-23-302 MCA Implementing statute(s): 2-4-201 MCA: Eff. 12/31/72 History: TRANS, From Commerce, 1996 MAR p. 456; REP, 2017 MAR p. 1151, Eff. 8/1/17.

32.24.301 PRICING RULES (REPEALED) Authorizing statute(s): 81-23-302, MCA Implementing statute(s): 81-23-302, MCA History: Eff. 12/31/72; AMD, Eff. 5/7/73; AMD, Eff. 10/1/73; AMD, Eff. 12/1/73; AMD, Eff. 4/5/74; AMD, Eff. 6/5/74; AMD, Eff. 4/4/75; AMD, Eff. 2/1/76; AMD, Eff. 5/6/…

32.24.401 PENALTIES Bureau staff must take reasonable administrative actions to assist a person's compliance with applicable law, rules, and orders before the board may impose any of the penalties in (2). If bureau staff cannot secure a person's compliance through administrative …

32.24.450 MILK CONTROL ASSESSMENTS Pursuant to 81-23-202, MCA, the following assessments are levied upon the Act licensees of this department for the purpose of securing funds to administer and enforce the Act. A fee of $0.04000 per hundredweight, with no assessment for fees less…

32.24.460 PRODUCER MILK TESTING ASSESSMENT An assessment is hereby levied on licensed producers in the amount of no cents ($0.00) per hundredweight on the total volume of all milk subject to the Act sold by a producer for the purpose of securing the necessary funds to conduct a p…

32.24.470 REGULATION OF UNFAIR TRADE PRACTICES Under authority delegated by the provisions in 81-23-104, MCA, the following transactions of business among licensees under the Act and among licensees and the general public are declared to be unfair trade practices subject to enfor…

32.24.480 PRODUCER PRICING RULES The bureau will use the federal order advanced pricing factors to calculate the producer prices for all classes. Advanced federal order butterfat and skim milk prices are announced on or before the 23rd day of the month and apply to the milk recei…

32.24.490 REJECTION OF MILK AND TERMINATION OF PRODUCER SALES AGREEMENTS A distributor may reject milk provided by a producer because of inferior quality or noncompliance with the lawful rules of duly constituted health or sanitation agencies. In all cases the rejection of the mi…

32.24.501 QUOTA DEFINITIONS (REPEALED) Authorizing statute(s): 81-23-302, MCA Implementing statute(s): 81-23-302, MCA History: NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1990 MAR p. 2110, Eff. 11/30/90; AMD, 1992 MAR p. 563, Eff. 3/27/92; TRANS,…

32.24.502 QUOTA RECORDS The bureau maintains records of: quota owned by each eligible producer; and quota assigned to each new eligible producer under ARM 32.24.503. The amount of quota owned by an eligible producer is adjusted when quota transfers are approved by the producer co…

32.24.503 NEW ELIGIBLE PRODUCERS - QUOTA ASSIGNMENT A new eligible producer is entitled to receive the quota price for milk sales to a pool plant for each month in accordance with the following schedule: To be eligible for this assignment, the new eligible producer cannot own any…

32.24.504 TRANSFER OF QUOTA Quota is the property of each eligible producer. It may be transferred pursuant to the following terms and conditions: Quota transfers must be a minimum of 100 pounds a day. If the eligible producer is going out-of-business and has a daily quota balanc…

32.24.505 READJUSTMENT OF QUOTA INTO THE STATEWIDE QUOTA SYSTEM Readjustment of quota into the statewide quota system will occur if the Montana market needs exceed the current established total quota. Market needs are not met when the following conditions exist: when greater than…

32.24.506 PRODUCER COMMITTEE The producer committee has authority to approve all transfers of quota and to review all requests for hardship or equitable relief and has authority to control and direct the marketing of surplus milk as specified in ARM 32.24.523. The producer commit…

32.24.507 REQUEST FOR REVIEW AND APPEALS PERTAINING TO QUOTA After quota is reassigned or readjusted as provided for in ARM 32.24.505, any eligible producer may request review from the producer committee on the grounds that the eligible producer's production history is not approp…

32.24.511 POOLING PLAN DEFINITIONS (REPEALED) Authorizing statute(s): 81-23-302, MCA Implementing statute(s): 81-23-302, MCA History: NEW, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2000 MAR p. 78, Eff. 1/14/00; A…

32.24.512 REPORTS AND RECORDS All milk and its component quantities of skim milk and butterfat received by pool handlers will be classified for the purpose of establishing compliance with minimum producer prices. For the purpose of determining the audit value of milk delivered to…

32.24.513 COMPUTATION OF THE QUOTA PRICE AND EXCESS PRICE TO BE PAID TO POOL PRODUCERS FOR POOL MILK On or before the 12th day of each month, or the first business day thereafter, the bureau will compute a quota price and an excess price for the preceding month as follows: Calcul…

32.24.514 PROCEDURES FOR POOLING OF RETURNS FROM POOL MILK On or before the 13th day of the month, the bureau will provide notice to each pool handler of: the minimum prices to be paid to pool producers for quota and excess milk received in the preceding month; the minimum amount…

32.24.515 PAYMENTS TO POOL PRODUCERS AND ADJUSTMENT OF ACCOUNTS Each pool producer must be paid twice each month by the appropriate pool handler(s) for the pool milk received or marketed from such pool producer during the month as follows: A partial or advance payment approximate…

32.24.516 PROCEEDS AND LOSSES FOR SURPLUS MILK IN QUOTA AND EXCESS MILK OVER QUOTA (REPEALED) Authorizing statute(s): 81-23-302, MCA Implementing statute(s): 81-23-302, MCA History: NEW, 2000 MAR p. 78, Eff. 1/14/00; REP, 2017 MAR p. 1151, Eff. 8/1/17.

32.24.520 DEFINITIONS (REPEALED) Authorizing statute(s): 81-23-104, MCA Implementing statute(s): 81-23-103, MCA History: NEW, 1996 MAR p. 2428, Eff. 10/1/96; AMD, 2000 MAR p. 3413, Eff. 12/8/00; AMD, 2009 MAR p.2258, Eff. 11/26/09; REP, 2017 MAR p. 1151, Eff. 8/1/17.

32.24.521 REQUIRED UTILIZATION OF SURPLUS MILK (REPEALED) Authorizing statute(s): 81-23-104, MCA Implementing statute(s): 81-23-103, MCA History: NEW, 1996 MAR p. 2428, Eff. 10/1/96; REP, 2000 MAR p. 1753, Eff. 9/1/00.

32.24.522 PROCEDURES, PURCHASE PRICE AND TERMS (REPEALED) Authorizing statute(s): 81-23-104, MCA Implementing statute(s): 81-23-103, MCA History: NEW, 1996 MAR p. 2428, Eff. 10/1/96; REP, MAR p. 1753, Eff. 9/1/00.

32.24.523 MARKETING OF SURPLUS MILK Surplus milk must be marketed and sold in a manner that is economically advantageous to pool producers, with all gain or loss shared by all pool producers. All surplus milk sold in bulk will be marketed and sold directly by pool handlers unless…

32.24.524 REQUIRED UTILIZATION OF MILK SOURCED FROM MONTANA DAIRIES Any plant operated by a pool handler with milk in excess of that plant's processing needs must first make that milk available to other pool handlers under the terms and conditions in ARM 32.24.525 before disposin…

32.24.525 PROCEDURES, PURCHASE PRICE, AND TERMS FOR INTERPLANT SALES BETWEEN POOL HANDLERS A pool handler is in compliance with the requirements of ARM 32.24.524 if it calls for milk or makes milk available in the following manner: On Wednesday of the preceding week, a requesting…