Title 50, Title 50

In accordance with Title 50, chapter 5, the department shall inspect an abortion clinic at least once each calendar year. If the department receives a complaint involving an abortion clinic, the department may conduct additional investigations as needed.

(1) A medical school in the United States may procure unclaimed human bodies for use in teaching and demonstrations of anatomy. (2) A physician or podiatrist licensed in the state of Montana may procure a cadaver specimen from a nationally accredited nontransplant anatomic bank f…

The procedure to procure a human body for use in teaching and demonstrations of anatomy is as follows: (1) A medical school shall apply to the person or organization that has custody of the unclaimed body asking that the body be delivered to the school for teaching and demonstrat…

The right to perform an autopsy, dissect a human body, conduct surgical demonstration or training on a human body, or make any postmortem examination involving dissection of any part of a body is limited to cases: (1) which are specifically authorized by law; (2) in which a coron…

All autopsies of a human body must be performed by a physician legally authorized to practice medicine in this state. Upon completion, the physician shall send a written report of the physician's findings, including the cause of death if determined, to the: (1) physician attendin…

This chapter shall not restrict the right of a licensed mortician to dissect a human body for proper preparation of the body for burial, cremation, or other disposition provided by law.

Unless authorized by law, any person who performs an autopsy, dissection, or other postmortem examination or causes it to be made is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not exceeding $500.

An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brainstem, is dead. A determination of death must be made in accordance with accepted medical stand…

Unless the context requires otherwise, in this part, the following definitions apply: (1) "Department of livestock" means the department of livestock provided for in Title 2, chapter 15, part 31. (2) "Department of public health and human services" means the department of public …

A person may not possess a wild animal unless the person possessed it for at least 6 months prior to January 1, 1982, or it is used in a fur-bearing enterprise, contained in a zoological exhibition in a manner that it may not come in physical contact with members of the public, o…

(1) Whenever a person unlawfully possesses a wild animal, the department of public health and human services or the department of livestock may impound the animal and take any other action considered reasonable to protect public health. (2) If a wild animal, whether unlawfully or…

Expenses incurred by the state under 50-23-103 must be paid by the person from whom possession of the wild animal was taken.

The department of public health and human services, with the approval of the department of livestock, may adopt rules necessary for the implementation and administration of this part.

(1) In addition to any other remedies provided by law, the department of public health and human services or, upon the request of the department of public health and human services, an appropriate county attorney may file an action to enjoin a violation of this part or a rule ado…

This chapter shall be cited as the "Montana Consumer Product Safety Act of 1975".

In this chapter, the following definitions apply: (1) "Commerce" means all commerce within this state and subject to the jurisdiction of this state and includes the operation of any business or service establishment. (2) "Court" means, the district court in the district where the…

(1) The authority to adopt rules for the efficient enforcement of this chapter is vested in the department. (2) The department has the authority to adopt by reference without public hearing rules adopted under the Federal Hazardous Substances Act as amended.

The department, in cooperation with other state and federal agencies, shall develop and conduct appropriate accident prevention and health oriented educational programs. The educational programs shall inform the public of the hazards, proper handling and use, disposal, storage, a…

(1) The department may cause to be published from time to time reports summarizing any judgments, research findings, decrees, or court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. (2) The department may also c…

(1) The department shall conduct investigations of reported accidental injuries, illnesses, and deaths resulting from the use or misuse of all hazardous substances, as defined by 50-30-201(1)(a), intended or suitable for use by the general public. (2) Investigations shall evaluat…

(1) For enforcement of this chapter, officers or employees duly designated by the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized to: (a) enter at reasonable times a factory, warehouse, or establishment in which hazar…

(1) For the purpose of enforcing the provisions of this chapter, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the departmen…

(1) "Hazardous substance" means: (a) a substance or mixture of substances which: (i) is toxic; (ii) is corrosive; (iii) is an irritant; (iv) is a strong sensitizer; (v) is flammable or combustible; or (vi) generates pressure through decomposition, heat, or other means if the subs…

(1) "Misbranded hazardous substance" means a hazardous substance (including a toy or other article intended for use by children which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom the t…

(1) "Banned hazardous substance" means: (a) a toy or other article intended for use by children which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom the toy or other article is entrusted…

"Toxic" means a substance, other than a radioactive substance, that has the capacity to produce personal injury or illness to humans through ingestion, inhalation, or absorption through any body surface.

(1) "Highly toxic" means a substance that falls within any of the following categories: (a) produces death within 14 days in one-half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams at a single dose of 50 milligrams or less per kilog…

"Corrosive" means a substance which in contact with living tissue will cause destruction of tissue by chemical action but does not refer to action on inanimate surfaces.

"Irritant" means a substance not corrosive within the meaning of 50-30-206 which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.

"Strong sensitizer" means a substance which will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity.

(1) "Extremely flammable" applies to a substance which has a flash point at or below 20 degrees F, as determined by the Tagliabue open cup tester. (2) "Flammable" applies to a substance which has a flash point above 20 degrees to and including 80 degrees F, as determined by the T…

"Radioactive substance" means a substance which emits ionizing radiation.

"Label" means a display of written, printed, or graphic matter upon the immediate container ("immediate container" does not include package liners) of a substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable f…

An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric shock.

An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness: (1) from fracture, fragmentation, or disassembly of th…

An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfa…

When in the judgment of the department such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the department may by rule declare to be a hazardous substance a substance or mixture of substances which the department find…

If the department finds that the requirements of 50-30-202(1)(a) are not adequate for the protection of the public health and safety in view of the special hazard presented by a hazardous substance, the department may by rule establish such reasonable variations or additional lab…

If the department finds that because of the size of the package involved, because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons full compliance with the labeling requirements otherwise applicable under this chapter is i…

A requirement made by or under authority of this chapter that a word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears: (1) on the outside container or wrapper, if any, un…

If the department finds that the hazard of an article subject to this chapter is such that labeling adequate to protect the public health and safety cannot be devised or the article presents an imminent danger to the public health and safety, the department may declare the articl…

(1) A determination by the department that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made by rule in accordance with this chapter. (2) If, before or during a proceeding under subsection (1) of this section, …

The following acts and causing the following acts are prohibited: (1) the introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance; (2) the alteration, mutilation, destruction, obliteration, or removal of the whol…

Before a violation of this chapter is reported to a county attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present the person's views before the department, either…

It is the duty of the department or the county attorney to whom the department reports a violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

A person who violates the provisions of 50-30-301 is guilty of a misdemeanor and shall be fined no more than $500 or be imprisoned for any term not to exceed 90 days, or both. For offenses committed with intent to defraud or mislead or for second and subsequent offenses, the pena…