provision of public health laws, county board of health rules, or municipal ordinances for the promotion or protection of the public health.
Section 31. Section 81-23-401, MCA, is amended to read:
"81-23-401. Entry, inspection, and investigation. The Except for the premises of a small dairy as defined in 81-21-101, the department may enter, at all reasonable hours, all places where milk is produced, processed, bottled, handled, or stored or where the books, papers, records, or documents relative to those transactions are kept, and may inspect and copy them in any place in this state. The department may administer oaths and take testimony for the purpose of ascertaining facts which, in the judgment of the department, are necessary to administer this chapter."
Section 32. Section 81-23-405, MCA, is amended to read:
"81-23-405. Violations made misdemeanors -- penalties. (1) A Except for a person operating a small dairy as defined in 81-21-101, a person who produces, sells, distributes, or handles milk in any way, except as a consumer, without a license from the board as required by this chapter or who violates a lawful rule of the department or board is guilty of a misdemeanor punishable by a fine not exceeding 600. Each day's violation is a separate offense.