may regulate and establish sanitation and quality standards for a person engaged in the processing of
manufactured dairy products or of products made or sold in the semblance or imitation of dairy products in this
state when those products made in semblance or imitation of dairy products are made in a manufactured dairy
products plant.
- The department may adopt minimum standards for the production, transportation, grading, testing, use, processing, packaging, and storage of milk and cream used for manufacturing purposes and of manufactured dairy products.
- The department shall adopt rules and establish fees for licenses for selling or producing milk as required by 81-23-202.
- The department may not establish fees, rules, or standards under this chapter for small dairies selling milk or cream as homemade food or a homemade food product pursuant to [sections 1 through 3].
- Section 19. Section 81-22-201, MCA, is amended to read:
- "81-22-201. License required to operate manufactured dairy products plant. (1) It shall be unlawful for any person to operate a manufactured dairy products plant, concentrated, condensed, or evaporated milk and/or cream plant, milk and cream buying station, creamery, dairy producing milk for manufacturing purposes, water ice manufacturing plant, cheese plant including cottage cheese, and cream cheese, sour cream, yogurt, or frozen dessert manufacturing plant without first obtaining a license from the department."
- Any manufactured dairy products plant or dairy which undergoes a change of ownership shall be considered a new plant or dairy for relicensing purposes, provided that changes of ownership shall not be construed to include changes of stockholders.
- A small dairy selling milk or cream as homemade food or a homemade food product pursuant to [sections 1 through 3] is exempt from the licensing requirements of this section.
Section 20. Section 81-22-303, MCA, is amended to read:
"81-22-303. Sampling and testing by department. (1) The Except as provided in subsection (2), the department shall have the authority to sample, test, and/or or retest samples of milk or cream or their products"