STATE OF MONTANA GREG GIANFORTE, GOVERNOR
MT DEPARTMENT OF LIVESTOCK PO BOX 202001 HELENA, MONTANA 59620-2001 (406) 444-7323/FAX (406) 444-1929 livemail@mt.gov
ANIMAL HEALTH & FOOD SAFETY DIVISION (406) 444-2976 BRANDS ENFORCEMENT DIVISION (406) 444-2045 CENTRALIZED SERVICES DIVISION (406) 444-4994 EXECUTIVE OFFICE (406) 444-9321
Dear Prospective Applicant,
Official state inspection will enable you to sell your product in commerce for resale within the state of Montana. The Montana Department of Livestock Meat, Milk, and Egg Inspection Bureau (the Department) operates as an “at least equal to” program with the United States Department of Agriculture Food Safety and Inspection Service (USDA FSIS).
Authority and Jurisdiction: Do I need a grant of inspection?
Federal law such as those found in the Federal Meat Inspection Act, the Poultry Products Inspection Act, and Title 9 of the Code of Federal Regulations (C.F.R.) along with state laws found in Title 81 of Montana Code Annotated and Title 32 of the Administrative Rules of Montana determine the legal authority and jurisdiction of meat and poultry products within Montana. In general, all meat and poultry slaughter, and the wholesale of products containing 2% or more cooked meat and/or poultry or 3% or more raw meat or poultry are either regulated through our Department or the USDA. Exemptions such as closed-faced sandwiches can be found in the Investigations Operations Manual Chapter 9 page 25.
If your business model only includes retail sales, to end consumers you do not need inspection. Title 9 C.F.R. 303.1 exempts retail sales from inspection. All meat and poultry used in products under retail must come from an inspected source. Retail sales are the jurisdiction of the county, for more information on retail licensing and requirements contact your local county sanitarian for assistance with the approval process. The contact information can be found at County or Tribal Health Departments.
If your business plans to slaughter and process poultry, there are several exemptions to inspection that may apply. A Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements Poultry Products Inspection Act is available on the USDA website. More information can also be found on the Montana Local Food Choice act 1,000 bird exemption on our website SB199 Guidance Document.
If you are interested in selling your products across state lines, our bureau participates in the Cooperative Interstate Shipping Program (CIS). If you are interested in participating in this program, please reach out to MMEIOffice@mt.gov for more information. An item of note about the CIS program is that there is a delay of 90 days after obtaining your initial grant of inspection before you can enter this program. USDA inspection allows the shipping of products across state lines immediately upon getting a grant of inspection.