Montana § 81-21-102 Licensing Of Milk Plants And Dairies Selling Milk Or Cream For Public Consumption

Montana Statutes

§ 81-21-102 — Licensing Of Milk Plants And Dairies Selling Milk Or Cream For Public Consumption

Montana § 81-21-102

Title 81LIVESTOCK

Ch. 21DAIRY PRODUCTS

Part 1Regulation of Dairies Selling Milk or Cream for Public Consumption

This text of Montana § 81-21-102 (Licensing Of Milk Plants And Dairies Selling Milk Or Cream For Public Consumption) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 81-21-102 (2026).

Text

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:

(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 mann

Free access — add to your briefcase to read the full text and ask questions with AI

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:
(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.

Legislative History

En. Sec. 23, Ch. 262, L. 1921; re-en. Sec. 3282, R.C.M. 1921; amd. Sec. 11, Ch. 35, L. 1923; amd. Sec. 1, Ch. 170, L. 1929; re-en. Sec. 3282, R.C.M. 1935; amd. Sec. 1, Ch. 382, L. 1973; amd. Sec. 76, Ch. 310, L. 1974; amd. Sec. 19, Ch. 12, L. 1977; R.C.M. 1947, 46-232(part); amd. Sec. 24, Ch. 444, L. 1983; amd. Sec. 2702, Ch. 56, L. 2009; amd. Sec. 15, Ch. 320, L. 2021.