at any dairy, at the premises of any supplier of milk or cream for manufacturing purposes, or at any
manufactured dairy products plant, milk plant, or cream buying or receiving station.
The department may not sample, test, or retest milk or cream sold as homemade food pursuant to [sections 1 through 3]."
Section 21. Section 81-22-304, MCA, is amended to read:
"81-22-304. Department's right of entry into dairy or plants for inspection -- penalty. (1) The department or its authorized agent has the right of entry during normal business hours, including Sundays and holidays, into a dairy supplying milk or cream for manufacturing purposes, manufactured dairy products plant, milk plant, cream receiving station, transportation facility, or any premises where dairy products, dairy manufactured products, or their substitutes or imitations are produced, manufactured, sold, offered for sale, or stored while in transit to inspect the dairy or plant, its facilities and products, or to obtain samples for testing or analysis. It is unlawful for a person to interfere with the department or its authorized agent in the performance of its duty to enter, inspect, or obtain samples.
Violation of this section is a misdemeanor and subjects the offender to a fine of not less than $50 and not more than $500 or to imprisonment in the county jail for not less than 1 or more than 30 days or both such fine and imprisonment.
The department's right of entry under this section does not apply to small dairies selling milk or cream as homemade food or a homemade food product pursuant to [sections 1 through 3].
Section 22. Section 81-22-401, MCA, is amended to read:
"81-22-401. Grading of milk -- condemnation of unsafe milk. Milk-Except for milk or cream sold as homemade food or a homemade food product pursuant to [sections 1 through 3], milk or cream purchased for use in milk plants or for use in a manufactured dairy product in this state shall be graded by licensed graders, weighers, and samplers. It is unlawful to sell, purchase, or use milk or cream for a food purpose if the milk or cream is found to be musty, adulterated, rancid, dirty, with marked undesirable odors or flavors, or to contain foreign objects, fragments, substances, or excessive bacteria. The milk or cream grader or the department shall condemn the milk or cream and may add to the milk or cream a nontoxic coloring substance or rennet and