Montana Administrative Code

32.6.710 EMPLOYMENT OF DISEASED PERSONS (REPEALED) Authorizing statute(s): 81-2-102, 81-2-220, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.711 DISPOSAL OF OFFAL, PAUNCH CONTENTS, AND OTHER VISCERA (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2…

32.6.712 FOOD SAFETY AND INSPECTION SERVICE (MEAT, POULTRY) The Department of Livestock incorporates by reference: 9 CFR 300.1 through 9 CFR 321.3; 9 CFR 325 through 9 CFR 325.21; 9 CFR 329.1 through 9 CFR 329.9; 9 CFR 352 through 9 CFR 362.5; 9 CFR 381.1 through 9 CFR 381.103; 9…

32.6.713 MEAT DEPOT REQUIREMENTS The owners of a meat depot must: Operate and maintain the facility in a manner sufficient to prevent the creation of insanitary conditions and to ensure that product is not adulterated; this includes but is not limited to: Construct facilities in …

32.6.714 RESTROOM FACILITIES Operations required to provide dressing rooms, lavatories, or toilets must provide such facilities dedicated to the business and not located in a private residence, except: All operations with an active license as of January 1, 2020 are allowed to con…

32.6.715 LABEL REVIEW Except as set forth in (2), the label for a single ingredient product produced in an establishment under state inspection may be used on that product without prior review from the department. The label for either a single ingredient product bearing special s…

32.6.716 RECALLS A recall is an establishment's voluntary action to remove product from commerce to protect the public from consuming adulterated or misbranded products. Each establishment inspected by the department must have a recall plan that will be implemented whenever the e…

32.6.801 DEFINITIONS (REPEALED) Authorizing statute(s): 81-2-102, 81-20-101, 81-9-220, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.802 APPLICATION; INSPECTION OF PLANS AND FACILITIES PRIOR TO ISSUANCE OF LICENSE (REPEALED) Authorizing statute(s): 81-20-102, 81-9-220, 81-9-201, 81-9-217, 81-9-219, 81-9-220, 81-9-226, 81-9-227, 81-9-228, 81-9-229, 81-9-230, 81-9-231, MCA Implementing statute(s): 81-2-102,…

32.6.803 ESTABLISHMENT OR FACILITY (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.804 ROOMS AND COMPARTMENTS (REPEALED) Authorizing statute(s): 81-2-102, 81-20-101, 81-9-220, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.805 FLOORS, WALLS, CEILINGS, ETC. (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.806 BLOOD DISPOSAL (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.807 DRAINING AND PLUMBING (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.808 WATER SUPPLY (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.809 LAVATORY ACCOMMODATIONS (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.810 LIGHTING AND VENTILATION (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.811 EQUIPMENT AND UTENSILS (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.812 RESTRICTION ON USE OF EQUIPMENT AND UTENSILS (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff.…

32.6.813 ACCESSIBILITY FOR CLEANING (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.814 CLEANING ROOMS AND COMPARTMENTS (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

32.6.815 CLEANING OF EQUIPMENT AND UTENSILS (REPEALED) Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.…

32.6.901 HORSES SLAUGHTERED IN SEPARATE ESTABLISHMENTS The slaughter of horses and the preparation and handling of horse meat and horse meat food products must be conducted in establishments separate and apart from any establishment in which cattle, swine, goats, or other animals…

32.6.902 WHEN HORSES TO BE CONDEMNED All horses found upon either ante-mortem or post-mortem inspection to be affected with strangles, purapura hemorrhagica, azoturia, infectious equine encephalomyelitis, toxic encephalomyelitis (forage poisoning) , infectious anemia (swamp fever…

32.6.903 LABELING REQUIREMENTS All horse carcasses, parts of carcasses, horse meat or horse meat food products must be conspicuously labeled, marked, branded, or tagged "Horse Meat" or "Horse Meat Product". Only green ink may be used in branding horse meat and horse meat food pro…

32.6.904 APPLICATION OF USDA REGULATIONS Any regulation or order adopted by the U.S. department of agriculture, animal and plant health service, veterinary services, governing the slaughter of horses or the preparation, All provisions of the meat inspection regulations of the U.S…

32.8.101 DEFINITIONS AND ADOPTION OF GRADE A PASTEURIZED MILK ORDINANCE AND ASSOCIATED DOCUMENTS As used in chapter 8, unless the context otherwise requires, the following definitions shall apply: "Arabic numerals" are defined as numbers (not spelled out) such as 3/20 or 12/31. A…

32.8.102 MILK AND MILK PRODUCTS WHICH MAY BE SOLD The only milk and milk products which may be sold to the final consumer, to restaurants, soda fountains, grocery stores or similar establishments are: Grade A pasteurized milk and milk products produced and processed according to …

32.8.103 RAW MILK MAY NOT BE SOLD FOR PUBLIC CONSUMPTION No retail raw milk dairies will be licensed to sell grade A raw milk for public consumption. Authorizing statute(s): Sec. 81-2-102 MCA Implementing statute(s): Sec. 81-2-102 MCA History: NEW, 1980 MAR p. 1539, Eff. 7/1/80; …

32.8.104 AUTHORIZATION TO SCORE SANITARY CONDITIONS AT DAIRIES AND MILK PLANTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 81-2-102 MCA Implementing statute(s): Sec. 81-2-102 MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.8.105 PASTEURIZATION PLANT CODE NUMBERS Montana department of livestock regulations require all bottles, cans, packages and other containers enclosing milk or any milk products defined in chapters 8 and 9 to be plainly labeled or marked with the identity of the plant at which …

32.8.201 SCOPE OF RULES Employing the definitions in ARM 32.8.101, and in 81-23-101, MCA, these rules apply to milk producers, processors, distributors, wholesalers, and retailers who conduct business in Montana. The rules of this chapter do not apply to "small dairies" as define…

32.8.202 TIME FROM PROCESSING THAT FLUID MILK MAY BE SOLD FOR PUBLIC CONSUMPTION When 12 days or more have passed following pasteurization of a unit of grade A milk, there will be no quantities of that unit of milk soldas packaged except as provided in (a). Half pint packages of …

32.8.203 LABELING OF MILK CONTAINERS TO SHOW THE PASTEURIZED DATE AND LAST DAY OF LEGAL SALE Each container into which grade A pasteurized milk is placed for sale for public consumption must be marked with a pasteurized date and a sell-by date. The sell-by and pasteurized date wi…

32.8.204 EXEMPTION FROM PASTEURIZED DATE LABELING REQUIREMENT The Montana correctional enterprises (state prison system) and/or any other licensed grade A processor is exempt from the pasteurized date code requirement as long as they do not sell or in anyway distribute milk to th…

32.8.205 MANNER, POSITIONING, AND SIZE OF LABELING Labels required by ARM 32.8.203 ("Sell-By" date) must be of a color clearly contrasting with the area immediately surrounding the label. The labels may be put on by printing, stamping, or burning, a combination of any of those me…

32.8.206 WHEN MILK OFFERED FOR SALE SUBJECT TO SEIZURE Milk offered for sale contrary to the provisions to ARM 32.8.202 or 32.8.203 may be seized and destroyed by agents of the Department of Livestock. Authorizing statute(s): 81-2-102, MCA Implementing statute(s): 81-2-102, MCA H…

32.9.101 DEFINITIONS In this chapter "Acceptable milk" means milk that qualifies under sub-chapter 2 of this chapter as to sight and odor that is classified number 1 or number 2 for sediment content and number 1 or number 2 for bacterial estimate. "Probational milk" means milk cl…

32.9.102 AUTHORIZATION TO SCORE SANITARY CONDITIONS AT DAIRIES AND MILK PLANTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 81-2-102 MCA Implementing statute(s): Sec. 81-2-102, 81-22-102 MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.9.103 LICENSING OF PERSONS ENGAGED IN PRODUCTION OF MILK FOR MANUFACTURING PURPOSES To be eligible for a license to engage in the production of milk for manufacturing purposes a person must have his dairy farm in satisfactory compliance with sub-chapter 3 of this chapter. Lice…

32.9.104 PLANT LICENSING Every plant receiving or processing milk and cream for the manufacture of dairy products must be inspected and licensed as provided in this rule before buying and processing any milk or cream for the manufacture of dairy products. All licensed plants must…

32.9.105 SUPERVISION The department to insure compliance with the provisions of Title 81, chapter 22 MCA, and the rules must: Make periodic examinations of milk from a representative number of producers at each plant to determine whether the milk is being graded and tested in acc…

32.9.201 QUALITY REQUIREMENTS The classification of raw milk for manufacturing purposes shall be based on organoleptic examination (sight and odor) and quality control tests for sediment content and bacterial estimate. The flavor and odor of acceptable raw milk must be fresh and …

32.9.202 SEDIMENT CONTENT CLASSIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.9.203 FREQUENCY OF SEDIMENT TESTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1864 Eff. 7/4/96.

32.9.204 BACTERIAL TESTING Milk must be classified for bacterial estimate as follows by one of the methods listed in the following table: Methods for determining the bacterial estimate of milk shall be those described in the latest edition of "Standard Methods For The Examination…

32.9.205 FREQUENCY AND FOLLOWUP OF BACTERIAL TESTING (IS HEREBY REPEALED) Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.9.206 DUTY OF PLANT TO REJECT MILK A plant must reject specific milk from a producer if it fails to meet the requirements for sight and odor or if it is classified no. 4 for sediment content. All reject milk in cans shall be identified with a reject tag. The milk may be identi…

32.9.207 PLANT QUALITY TESTING OF MILK FROM PRODUCERS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

32.9.208 ABNORMAL MILK DUE TO MASTITIS Required laboratory examination for the presence of unwholesome mammary secretions, whether an infectious, physiological, or environmental origin, must be made on all raw milk samples at least twice each 6 months. Samples shall be analyzed a…