Title 81, Title 81

It shall be unlawful for any person to manufacture, mix, compound with, or add to milk, cream, or any manufactured dairy products or to transport into Montana any manufactured dairy product containing foreign animal fats or foreign animal or vegetable oils or products containing …

(1) Filled dairy products resemble genuine dairy products so closely that they lend themselves readily to substitution for and confusion with such dairy products and in many cases cannot be distinguished from genuine dairy products by the ordinary consumer or ordinary laboratory …

Except for a small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, it is unlawful for any person to manufacture, display, transport, sell, or offer for sale in Montana as a manufactured dairy product any substance …

(1) All milk and cream used in the manufacture of any dairy product or products made in semblance or imitation of dairy products sold, offered for sale, purveyed, stored, displayed, or transported in Montana must be pasteurized. However, cheese held, stored, or aged for at least …

(1) The department may adopt rules that it considers necessary to ensure proper control and use of all equipment used in the process of pasteurization. The department may require the operation of devices and apparatus that are needed to accurately record and indicate temperatures…

It is unlawful for a person to sell, offer for sale, exchange, or have in the person's possession milk, cream, or a manufactured dairy product in a container or package marked or labeled or in any way designating the contents of the container or package as "pasteurized" unless it…

Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, all milk and cream used in manufactured dairy products, and the manufactured dairy products, must conform to the standards of purity, quality, and wholesomeness as …

It is unlawful for a person, firm, or corporation or its servant or agent to manufacture, sell, or expose or offer for sale or exchange butter or other substance or commodity defined in this chapter containing less butterfat or other ingredient than required by this chapter. A vi…

All persons who buy milk or cream for manufacturing purposes shall post the current prices for butterfat or other component content of milk or cream in a conspicuous place in the factory or place of business. Such price schedule may be based upon butterfat, protein, solids, or ot…

All containers and equipment used in the manufacture, storage, holding display, and transportation of any manufactured dairy product shall be nontoxic, easily cleanable, and free from dents, cracks, crevices, rust, and any other condition which would prevent cleaning and sanitizi…

(1) Any frozen dessert made in the semblance of or in imitation of ice cream in this chapter, which contains any amount of animal fat (other than milk fat) or vegetable fat or oil (other than any such fat or oil which is naturally present in any flavoring ingredient), must be lab…

Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, labeling on manufactured dairy products must conform to requirements of the Food, Drug, and Cosmetic Act and to the other requirements that are adopted by the depar…

The department may require dairies and dairy product manufacturers to maintain and produce for examination or to report the records necessary for carrying out its duties under this chapter.

A person operating a manufactured dairy products plant in this state shall send to the department once a month, not later than the 10th day of the month, a full report of the amounts of butter, cheese, frozen dessert, ice cream, low-fat ice cream, sherbet, water ices, ice milk, f…

(1) Persons, including cooperatives, who buy or sell milk or cream on the basis of butterfat, protein, solids, or other component content of milk or cream shall make available to the department, on its request, records showing the amounts of milk or cream sold or purchased, the p…

(1) A person who violates this chapter, fails to comply with the rules adopted under this chapter, or fails or neglects to obey a lawful order of the department made under this chapter, is guilty of a misdemeanor. (2) Unless a specific penalty is provided in this chapter or rules…

(1) No person may use a measure or grading or testing apparatus which does not comply with the standards of the department or make any false or inaccurate statement or otherwise deceive or defraud a producer or other person concerning the weight, measure, butterfat content, or ot…

(1) Unless the context requires otherwise, in this chapter, the following definitions apply: (a) "Board" means the board of milk control provided for in 2-15-3105. (b) (i) "Class" refers to the classes of utilization of milk that the board defines by rule. (ii) In adopting rules …

(1) The legislature declares that: (a) milk is a necessary article of food for human consumption; (b) the production and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare…

(1) Except for milk produced from a small dairy as defined in 81-21-101, the board shall supervise, regulate, and control the milk industry of this state, including the production, processing, storage, distribution, and sale of milk sold for consumption in this state. The board s…

The board may adopt and enforce rules and orders necessary to carry out the provisions of this chapter and any orders adopted under it by the board. A rule or order must be posted for public inspection in the main office of the department for 30 days, and a copy must be filed in …

(1) For the purpose of determining the value of milk supplied by producers during routine audits of milk processing plants that receive raw milk directly from producers, the department may establish a program of testing raw milk. (2) The department may levy an assessment on licen…

This chapter does not apply to foreign or interstate commerce except insofar as it may be effective in compliance with the United States constitution and with the laws of the United States. It is the intention of the legislature, however, that the instant, whenever that may be, t…

In a market where the provisions of this chapter apply, it is unlawful for a producer, producer-distributor, distributor, or jobber to produce, transport, process, store, handle, distribute, buy, or sell milk unless the dealer is properly licensed as provided by this chapter. It …

(1) A producer, producer-distributor, distributor, or jobber may not engage in the business of producing or selling milk subject to this chapter in this state without first having obtained a license from the department as provided in 81-22-202 or, in the case of milk entering thi…

An applicant for license to operate as a producer, producer-distributor, distributor, or jobber shall file a signed application upon a blank prepared by the department and containing the information required by the board. The application must certify the applicant to be the holde…

(1) The board may refuse to grant a license or may suspend or revoke a license already granted for due cause upon due notice and after hearing. The violation of any provisions of this chapter or of any lawful order or rule of the board, the failure or refusal to make required sta…

(1) The board shall, by adopting rules, fix minimum producer prices for classes of utilization of milk as defined by the board. (2) The board shall establish prices by means of flexible formulas that must be devised so that the formulas bring about automatic changes in all minimu…

(1) The board may adopt reasonable rules governing fair trade practices as they pertain to the transaction of business among licensees under this chapter and among licensees and the general public. Except for provisions regarding the requirement for first call on Montana milk sup…

Except for the premises of a small dairy as defined in 81-21-101, the department may enter, at all reasonable hours, all places where milk is produced, processed, bottled, handled, or stored or where the books, papers, records, or documents relative to those transactions are kept…

(1) (a) The department may require licensees to file reports with it at reasonable or regular times that the board may require, showing the licensee's production, sale, or distribution of milk and any information considered necessary by the board that pertains to the production, …

(1) All fines assessed by a court, other than a justice's court, for violation of this chapter must be paid by the court to the department. (2) All fines received by the department must be deposited with the state treasurer and must be placed by the treasurer in the state special…

In order to secure a uniform system of milk control, the board shall confer and cooperate with the proper authorities of other states and of the United States, including the secretary of agriculture of the United States, and for those purposes, the board may conduct joint hearing…

(1) Except for a person operating a small dairy as defined in 81-21-101, a person who produces, sells, distributes, or handles milk in any way, except as a consumer, without a license from the board as required by this chapter or who violates a lawful rule of the department or bo…

The board may begin any proceeding at law or in equity as may appear necessary to enforce compliance with this chapter or to enforce compliance with an order or rule of the board or department adopted under this chapter or to obtain a judicial interpretation of any of them. In ad…

An entity receiving notice of a violation of a provision of this chapter may within 60 days of receiving the notice from the department or board submit a request to the board for a contested case proceeding pursuant to Title 2, chapter 4, part 6. Upon receiving a request, the boa…

As used in this part, unless the context indicates otherwise, the following definitions apply: (1) "Board" means the board of livestock provided for in 2-15-3102. (2) "Feral swine" means a hog, boar, or pig that appears to be untamed, undomesticated, or in a wild state or appears…

A person, a state agency, or a federal agency authorized by the state or the federal government is allowed to control or eradicate feral swine.

(1) Except as provided in subsection (2), a person who believes feral swine are present on private or public property shall notify the board and, if authorized, assist in the control or eradication of the feral swine. (2) A person or the person's agent who encounters feral swine …

The following actions are prohibited: (1) importing, transporting, or possessing live feral swine; (2) intentionally, knowingly, or negligently allowing swine to live in a feral state; (3) except as provided in 81-29-102 and 81-29-103, hunting, trapping, or killing a feral swine …

A person violating the provisions of 81-29-104 is subject to: (1) a fine of at least $2,000 but not more than $10,000 for each violation; and (2) repayment of costs incurred by a state or federal agency for the control or eradication of a feral swine as a result of the person's v…

(1) The board is authorized to control and eradicate feral swine and may establish rules to implement the reporting requirements of 81-29-103. (2) The cost of enforcement actions under this part must be paid from the general fund if the cost to the department exceeds $1,000 and f…

This chapter may be cited as the "Farm Animal and Research Facilities Protection Act".

As used in this chapter, the following definitions apply: (1) "Animal" means any warmblooded or coldblooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research, testing, or education. The term includes but is not limited t…

(1) A person who does not have the effective consent of the owner may not acquire or otherwise exercise control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or p…

(1) A person who has been damaged by reason of a violation of 81-30-103 may bring against the person who caused the damage an action in the district court to recover: (a) an amount equal to three times all actual and consequential damages; and (b) court costs and reasonable attor…