Montana Code 81-21-102. Licensing of milk plants and dairies selling milk or cream for public consumption
81-21-102. Licensing of milk plants and dairies selling milk or cream for public consumption. (1) Except for a small dairy, it is unlawful for the following businesses to operate in this state without first obtaining a license from the department:
Terms Used In Montana Code 81-21-102
- Fluid milk plant: means a place where milk or cream is not produced but is purchased or collected and prepared for distribution to the consumer in liquid form. See Montana Code 81-21-101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public consumption: means the use of milk or cream by the public for any purpose. See Montana Code 81-21-101
- Small dairy: means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk. See Montana Code 81-21-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)a dairy selling milk or cream for public consumption in the form in which it is originally produced;
(b)a condensed, evaporated, or powdered milk plant;
(c)a fluid milk plant.
(2)A license expires on December 31 of the year issued. The department may, following the procedures in the Montana Administrative Procedure Act, deny, suspend, or revoke a license when it determines that a person to whom the license is issued has failed to comply with the rules of the department or has failed to conduct the person’s establishment in a sanitary manner. All license fees collected must be deposited into the general fund.
(3)The department may issue a restraining order prohibiting a dairy from selling or giving away milk or cream not produced or handled under the laws of this state or the rules of the department. It is unlawful for a dairy, while restrained, to sell or give away for public consumption milk or cream produced or handled by the dairy, and it is also unlawful for a dairy products manufacturing plant, milk plant, or cream station to purchase or use the cream or milk from a dairy while the dairy is restrained.
(4)The department shall establish license fees for the following facilities:
(a)a condensed, evaporated, or powdered milk factory;
(b)a fluid milk plant; and
(c)a dairy.
(5)A person violating this section is guilty of a misdemeanor.