(a) Except for a temporary food establishment subject to 50-50-120, meat or meat products processed at a state-licensed establishment or a federally approved meat establishment, by the producer, or by any third party may not be used in preparation of homemade food that is sold pursuant to a transaction provided for in [sections 1 through 3].

Subsection (7)(a) does not apply to a producer, as defined in [section 2], who slaughterless fewer than 1,000 poultry birds a year except that the producer is subject to the requirements of 9 CFR 381.10(c) and the recordkeeping requirements of 9 CFR 381.175. The poultry or poultry products must not be adulterated or misbranded.

A small dairy shall:

sample, test, or retest every 6 months for standard plate count, coliform count, and somatic cell count of milk or cream sold as homemade food pursuant to [sections 1 through 3];

sample, test, or retest every year for brucellosis for every lactating cow, lactating goat, or lactating sheep that is part of the small dairy; and

maintain records for 2 years of all previous samples, tests, or retests, which must be provided to the department of livestock if the department suspects the small dairy is causing a foodborne illness.

Section 4. Section 30-12-301, MCA, is amended to read:

"30-12-301. Method of sale of commodities -- general. (1) Commodities in liquid form may be sold only by liquid measure or by weight, and, except as otherwise provided in parts 1 through 5, commodities not in liquid form may be sold only by weight, by measure of length or area, or by count. Liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if those methods give accurate information as to the quantity of commodity sold. This section does not apply to:

commodities when sold for immediate consumption on the premises where sold;

vegetables when sold by the head or bunch;

commodities in containers standardized by a law of this state or by federal law;

commodities in package form when there exists a general consumer usage to express the quantity in some other manner;

concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel,