- (b)An order under subsection (1)(d) may last no more than 5 years and may be altered or rescinded as necessary to address the circumstances set out in subsection (1)(d). An order may not be used to create a permanent program.
- (c)As used in subsection (2)(b), "program" means a legislatively or administratively created function, project, or duty of an agency.
- When in the exercise of its powers or the discharge of its duties it becomes necessary for employees of the department to investigate facts and conditions, they may administer oaths, take affidavits, and compel the attendance and testimony of witnesses."
- Section 11. Section 81-2-105, MCA, is amended to read:
- "81-2-105. Authority of municipal corporations. (1) Nothing in this title prevents the governing authority of a municipal corporation from enacting or enforcing ordinances for the inspection of slaughterhouses, meat depots, meat markets, meat food products, creameries, butter or cheese factories, dairies, or dairy products located, sold, or offered for sale in the limits of the municipal corporation. An ordinance may not be enforced in conflict with the powers of this title delegated to the department and its officers or agents."
- The governing activity authority of a municipal corporation may not enact or enforce ordinances pursuant to this section for producers as defined in [section 2] selling homemade food or a homemade food product pursuant to [sections 1 through 3]. "
- Section 12. Section 81-9-201, MCA, is amended to read:
- "81-9-201. Meat establishment license -- fees and renewals. (1) It Except as provided in section 31, it is unlawful for a person, firm, or corporation to engage in the business of slaughtering livestock or poultry, including the operation of a mobile slaughter facility as defined in 81-9-217, or processing, storing, or wholesaling livestock or poultry products without having a license issued by the department. The department shall establish an annual fee for a license issued under this section, to be paid into the state special revenue fund for the use of the department."
- All licenses expire each year on the anniversary date established by rule by the board of review