Section 14. Section 81-21-101, MCA, is amended to read:

"81-21-101. Definitions. As used in this part, the following definitions apply:

  1. "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.
  2. "Public consumption" means the use of milk or cream by the public for any purpose.
  3. "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk."

Section 15. Section 81-21-102, MCA, is amended to read:

"81-21-102. Licensing of milk plants and dairies selling milk or cream for public consumption.

  1. It 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:
  2. a dairy selling milk or cream for public consumption in the form in which it is originally produced;
  3. a condensed, evaporated, or powdered milk plant;
  4. a fluid milk plant.
  5. 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.
  6. 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.
  7. The department shall establish license fees for the following facilities:
  8. a condensed, evaporated, or powdered milk factory;

Authorized Print Version – SB 199

ENROLLED BILL