Title 81, Title 81

(1) Every livestock market or livestock dealer shall maintain a financial condition of total assets in excess of total liability, including total current assets in excess of total current liabilities. (2) Payment for livestock purchased shall be made upon completion of the sales …

(1) A person found, after notice and hearing, to be in violation of 81-8-234 shall be assessed a civil penalty by the department of not less than $100 or more than $5,000 or have the person's license or certificate suspended or revoked, or both. (2) A person found, after notice a…

The operation of a livestock market or the buying or selling of livestock by a person not licensed or certified and bonded as required by this part may be enjoined by the district court on petition from the department upon a showing that a person is engaged in the business of a l…

(1) A person may not operate as a livestock market unless the person first obtains from the department a certificate declaring that public convenience and necessity require the operation. (2) The application for a certificate of public convenience must be in writing, verified by …

(1) Upon the filing of an application for a certificate of public convenience pursuant to 81-8-251, the department shall fix a time and place for a hearing on the application, which may not be less than 10 days after the filing. The department shall have a copy of the application…

The department may approve the transfer of ownership of a certificate of public convenience and necessity issued pursuant to this part without a determination and showing of public convenience and necessity. Such approval may be granted only after a public hearing at which the tr…

(1) The department may cancel or suspend the certificate of an operator of a livestock market if it finds that the operator: (a) is guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale, or ownership of livestock; (b) is in viol…

An appeal of a decision of the department refusing to grant an application for a certificate or suspending or revoking a certificate of a livestock market shall be taken to the district court of the county in which the proposed livestock market is to be located or in which the au…

A person operating a livestock market shall pay annually on May 1 to the department a fee established by the department. All fees shall be paid into the state treasury and credited to the state special revenue fund for the use of the department.

Each livestock market shall keep accounts, records, and memoranda and shall make reports which the board requires, and the board and its authorized agents and employees shall at all times have access to the accounts, records, and memoranda for inspection and examination.

(1) The department may authorize occasional off-premises sales by authorized livestock markets and may establish the conditions under which approval for an off-premises sale may be granted, including any change in bonding requirements the department considers necessary. (2) No li…

Dispersal sales conducted through a livestock market must meet the requirements of this part.

Livestock inspectors, including stock inspectors of a county or district, the sheriff of a county, or a representative of the department of livestock, may enter upon the premises where livestock are being held or sold and must be accorded every facility by the owners of the premi…

(1) If there is any question respecting the ownership of livestock sold, the livestock inspector may take possession of the livestock. The livestock inspector shall notify the person in charge of the market and conducting the sales and the person who has purchased the livestock a…

An operator of a livestock market shall, when notified by the authorized brand inspector that there is a question as to whether any designated livestock sold through the market are lawfully owned by the consignor of the livestock, hold the proceeds received from the sale of the l…

(1) A livestock video auction may transact business in this state only through a licensed livestock dealer or through a livestock market that is domiciled in the state. The livestock video auction is subject to the same regulation as the domiciled livestock market. (2) A livestoc…

(1) The department may refuse to issue or renew a license in accordance with the provisions of 81-8-273. (2) The department may suspend or revoke a license in accordance with the provisions of 81-8-274. (3) If the contract between the livestock dealer or the livestock market and …

(1) A person may not operate as a livestock dealer without a license. A person who wishes to operate as a livestock dealer shall file with the department an application for a license to transact business on a form prescribed by the department, stating the type of license sought a…

When an applicant has paid the fee and met the requirements of 81-8-271, the department shall issue to the applicant a license which entitles the licensee to operate as a livestock dealer for a period of 1 year unless the license is suspended or revoked under this part.

(1) The department shall refuse to issue or renew a license if the applicant: (a) has failed to maintain a financial condition of total assets in excess of total liabilities, including total current assets in excess of total current liabilities; (b) is in violation of any of the …

(1) Whenever the department finds that a livestock dealer has violated the provisions of this part or rules adopted under this part, the department may, by order, suspend the license of the person for a period not to exceed 1 year, and if the violation is repeated, the department…

A license issued under this part terminates at the close of business on May 1 of each year following the issuance of the license unless the annual fee has been paid.

Livestock dealers shall pay an annual fee established by the department and when requested by the department shall supply a current financial statement. The fee is payable on May 1 to the state treasurer to the credit of the department.

A livestock dealer shall maintain records that disclose all purchases and sales of livestock. A livestock dealer shall, at all reasonable times, give the department access to and let the department copy any of the records relating to the dealer's business.

(1) A person who violates any provision of 81-8-271 through 81-8-273, 81-8-276, or 81-8-278 or rules adopted by the department to implement those sections is guilty of a misdemeanor and upon conviction shall be fined not less than $250 or more than $1,000 or imprisoned for not mo…

(1) The department of livestock shall accept and file notices of security agreements, renewals, assignments, and satisfactions covering livestock owned by a person, firm, corporation, or association and bearing its recorded brand and shall list the notices on the official records…

The notices must consist of a statement showing the date of security agreement; the names and addresses of the debtors and secured parties or holders and owners of the security agreement; a description of the livestock covered by the security agreement; in the case of a notice of…

The secured parties, who filed notices of security agreements, renewals, and assignments with the department of livestock, as provided for in this part, shall file notices of satisfaction of the security agreements with the department immediately upon the satisfaction of the secu…

The department shall charge a fee for filing and listing the notices of security agreements for each recorded brand listed in each security agreement and for filing and listing each notice of satisfaction, renewal, or assignment of the security agreement for each recorded brand l…

The department of livestock, its agents and employees, are not responsible or liable to either debtor or secured party for the collection or payment of any money due the holder of any security agreement covering livestock or renewals, satisfactions, or assignments thereof as prov…

Whenever it is necessary for an officer or person charged with the service of process out of any of the courts of this state to take possession of any cattle or horses running at large and commonly known as range stock, between November 1 and the next succeeding May 15, it is a s…

If it is necessary under the laws of this state for a party to any mortgage, assignment, bill of sale, or other contract, between November 1 and the succeeding May 15, to take possession of any cattle or horses in order to preserve the party's rights under a mortgage, assignment,…

When the copy of the process or instrument, with the proper notice appended thereto, is filed as hereinbefore provided, it has the same effect as if actual possession of said cattle and horses had been taken by the officer or person charged with the execution of such process, or …

It is the duty of the county clerk and of the general recorder of marks and brands to file all papers deposited with them for that purpose, and required to be filed under the provisions of 81-8-311 through 81-8-313, and preserve the same as other records of their offices are pres…

When an officer into whose hands a writ of execution is placed has served the writ in accordance with 81-8-311 and made a return in accordance with the facts, at any time after service and return, within the time limited as provided in 81-8-313 to hold the property taken or levie…

(1) Except as provided in subsection (2), it is unlawful for any person, firm, or corporation to: (a) sell, offer for sale, barter, or give away for commercial purposes baby chickens, ducklings, or other fowl, under 3 weeks of age, or rabbits under 2 months of age, as pets, toys,…

Violation of 81-8-401 is a misdemeanor and any person, firm, or corporation, other than one excepted in 81-8-401(2), violating any of the provisions thereof is, upon conviction, subject to a fine not exceeding the sum of $100 or imprisonment for a period not exceeding 30 days, or…

(1) No person, company, or corporation shall: (a) sell to another person or persons any animal with a certificate of registration or breeding that does not belong to said animal; (b) change in any way the certificate of registration or breeding of any animal; (c) falsely represen…

Any person, persons, company, or corporation violating 81-8-501 shall be punished by a fine of not less than $25 or more than $500 or by imprisonment of not less than 10 days or more than 6 months or by both fine and imprisonment.

A board of county commissioners may expend annually from the general fund of the county an amount for the purpose of conducting special purebred livestock shows and special purebred livestock sales within the county.

For the purpose of defraying the costs of purebred livestock shows and purebred livestock sales, the county commissioners may, subject to 15-10-420, levy a tax on the taxable value of all taxable property in the county. The taxes must be paid into the general fund of the county.

Unless the context requires otherwise, in this part the following definitions apply: (1) "Agricultural and food product" includes a horticultural, viticultural, dairy, livestock, poultry, bee, other farm or garden product, fish or fishery product, and other foods. (2) "Continuous…

The department of livestock may make use of an outline map of the state of Montana and the word "Montana", printed, lithographed, inscribed, engraved, or otherwise impressed on the labels, tags, seals, or containers of agricultural or food products by a person who has taken advan…

The Montana quality label may not be used except under the rules made for its use by the department of livestock, and it may not be used on the label, tag, seal, container, or product of a farm, factory, mill, or other producing, processing, packing, preparing, or dressing establ…

The department of livestock may make, print, or otherwise prepare a quantity of labels, tags, and seals with the Montana quality label printed, lithographed, inscribed, engraved, or impressed on them sufficient to supply the demand for them. The department may furnish labels, tag…