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HOUSE BILL NO. 232
INTRODUCED BY S. ROSE
AN ACT GENERALLY REVISING LAWS RELATED TO COMMERCIAL FEEDS; CREATING AND REVISING APPLICABLE DEFINITIONS; CLARIFYING THE DEPARTMENT OF AGRICULTURE'S RULEMAKING AUTHORITY; MAKING PUBLICATION OF THE DEPARTMENT'S REPORT ON COMMERCIAL FEED DISCRETIONARY RATHER THAN MANDATORY; REVISING LICENSING PROCEDURES AND LABELING REQUIREMENTS; REVISING THE CRITERIA FOR DETERMINING WHAT CONSTITUTES ADULTERATED FEED; CLARIFYING PROHIBITIONS AND REVISING PENALTIES; PROVIDING FOR DEPOSIT AND EXPENDITURE OF ADMINISTRATIVE PENALTY FEES; REVISING ENFORCEMENT PROCEDURES; CLARIFYING PROVISIONS REGARDING CONFIDENTIALITY OF INFORMATION; AMENDING SECTIONS 80-9-101, 80-9-103, 80-9-105, 80-9-201, 80-9-202, 80-9-204, 80-9-205, 80-9-206, 80-9-207, 80-9-301, 80-9-302, 80-9-303, AND 80-9-304, MCA; AND PROVIDING AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 80-9-101, MCA, is amended to read:
"80-9-101. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:
(1) "AOAC international" means the association of official analytical chemists.
(2) "Brand name" means any word, name, symbol, or device or any combination of them identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
(2)(3) "Commercial feed" means all materials except the mixed or unmixed whole seeds or physically altered mixed or
unmixed entire seeds of cereal grains with or without molasses added, when not adulterated within the meaning of
subsections (1) through (5) of 80-9-204, which or combinations of materials that are distributed or intended for distribution
for use as feed or for mixing in feed, unless the materials are specifically exempted by law. Unmixed whole seeds and
physically altered entire unmixed seeds, when those seeds are not chemically changed or adulterated within the meaning of
80-9-204, are exempt. However, the The department may by rule exempt from this definition or from specific provisions of
this chapter commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or
substances when those commodities, compounds, or substances are not intermixed or mixed with other materials and are
not adulterated within the meaning of subsections (1) through (5) of 80-9-204.
(4) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished, or otherwise provided to that person and whereby that person's remuneration is determined completely or in part by feed consumption, mortality, profits, or amount or quality of product.
(3)(5) " Custom-mixed Customer formula feed" means commercial feed which that consists of a mixture of either
commercial feeds or feed ingredients or both of them, each batch of which is manufactured according to specifications
mutually agreed to by the purchaser and the manufacturer specific instructions of the final purchaser. A copy of the
specifications or a list of the ingredients, but not necessarily the percentage of each ingredient, shall be on file at the
manufacturing facility. (4)(6) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed or to supply, furnish, or otherwise
provide commercial feed to a contract feeder. (5)(7) "Distributor" means a person who distributes. (6)(8) "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
animals other than man humans and articles other than feed intended to affect the structure or function of the animal body. (7)(9) "Feed ingredient" means each of the constituent materials making up a commercial feed. (8)(10) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a
commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed. (9)(11) "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed, any of its
containers, its wrapper, or accompanying the commercial feed. (10)(12) "Manufacture" means to grind, mix, blend, or further process a commercial feed. (11)(13) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients. (12)(14) "Official sample" means a sample of feed taken by the department in accordance with the provisions of
subsections (3), (5), or (6) of 80-9-301. (13)(15) "Percent" or "percentage" means percentage by weights. (14)(16) "Person" means an individual, partnership, corporation, or association. (15)(17) "Pet" means any domesticated animal normally maintained in or near the household of its owner. (16)(18) "Pet food" means any commercial feed prepared and distributed for consumption by pets. (17)(19) "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use.
(20) "Quantity statement" means the net weight or mass; net volume, either liquid or dry; or count.
(18)(21) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, including but not
limited to gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles. (19)(22) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets. (20)(23) "Ton" means a net weight of 2,000 pounds avoirdupois."
Section 2. Section 80-9-103, MCA, is amended to read:
"80-9-103. Rules -- adoption by department. (1) The department may adopt
those rules for commercial feeds and pet
foods which that are specifically authorized in this chapter and those other reasonable rules necessary for the efficient
enforcement of this chapter, including rules related to:
(a) the specific content of label directions and precautions for safe and effective use of commercial and customer formula feeds;
(b) definitions of feed ingredients and poisonous or deleterious substances;
(c) good manufacturing practices for commercial feeds containing medications or drugs;
(d) standards for viable weed seeds;
(e) format and content of annual statements of tonnage and distribution records required by 80-9-206(2);
(f) standards for establishing deficiency of a commercial feed based on laboratory testing;
(g) standards for establishing that a commercial feed is in violation because of a deficiency in any feed ingredient;
(h) procedures for the issuance and release of embargo orders and condemnation pursuant to 80-9-302; and
(i) procedures for implementing and administering the civil penalties under 80-9-303.
(2) Unless it determines that they are inconsistent with this chapter or are not appropriate to conditions
which that exist
in this state, the department, in the interest of uniformity, shall adopt:
(a) the official definitions of feed ingredients and official feed terms adopted by the association of American feed control officials and published in the official publication of that organization; and
(b) any rules adopted under the Federal Food, Drug, and Cosmetic Act as long as the department has the authority under this chapter to adopt that rule.
(2)(3) In adopting rules the department will shall follow procedures prescribed in the Montana Administrative
Section 3. Section 80-9-105, MCA, is amended to read:
"80-9-105. Publications. The department
shall may publish at least annually, in a form it considers proper, information
concerning the sale of commercial feed, data on production and use, and the results of analysis of official samples of
commercial feeds sold within the state as compared with the analysis guaranteed in the registration and on the label. The
information concerning production and use of commercial feed shall may not disclose the operations of any person."
Section 4. Section 80-9-201, MCA, is amended to read:
Permits Licenses and registration. (1) Except as provided in subsection (4)(b), a license is required of a
No person may manufacture for distribution or distribute a commercial feed in this state unless he has obtained a
permit by filing with the department, on forms provided by the department, his name, place of business, and location of
manufacturing facility, distribution point, or point of invoicing. All new applicants or those failing to renew a permit by
January 1 of each year shall pay a nonrefundable fee of $25 per calendar year for each facility, distribution point, or point of
invoicing. A permit will remain in force until the end of the calendar year for which it is issued or until canceled by the
permit holder or canceled for cause by the department. No refund may be made at the time of cancellation. No transfer of
permits will be made. A distributor who distributes only pet foods or specialty pet foods is exempt from this provision who
manufactures commercial feed in this state;
(b) who distributes commercial feed in or into this state; or
(c) whose name appears on the label of a commercial feed as guarantor.
(b) Feed permit renewals received by the department prior to January 1 of each year must be accompanied by a
nonrefundable renewal fee of $25 for each permit.
(2) (a) A separate license is required for each facility that manufactures commercial feed within this state or for each facility that distributes commercial feed in or into this state. A facility that manufactures, distributes, or is a guarantor for commercial feed need be licensed only once annually pursuant to this section.
(b) (i) All new applicants shall pay a nonrefundable fee of $75 per calendar year for a license for each facility, distribution point, or point of invoicing.
(ii) License renewals received by the department prior to January 1 of each year must be accompanied by a nonrefundable renewal fee of $50 for each license.
(3) Applicants for licensure shall file with the department information on forms provided by the department, including the following:
(a) the applicant's name and place of business;
(b) the mailing address and physical location of the facility to be licensed; and
(c) an indication of whether the facility to be licensed manufactures feed, distributes feed, or both.
(4) (a) A license granted under this section remains in force until the end of the calendar year for which it is issued or until canceled by the licensee or by the department for cause. The department may collect a $25 late penalty fee for a license renewal application received after January 1 of any year. A license is nontransferable and license fees are nonrefundable.
(b) A license is not required for a distributor who distributes only pet food or specialty pet food.
(5) A person who manufactures for distribution or who distributes commercial feed in this state shall, upon written request by the department, submit the following information regarding products distributed in this state:
(a) a list of feed products;
(b) all labeling, promotional material, and claims for any feed product;
(c) analytical methods for ingredients claimed or listed on a label, if the methods are not available from AOAC international; and
(d) replicated data performed by a reputable investigator whose work is recognized as acceptable by the department, verifying any claims for effectiveness of a feed product.
No A person may not manufacture for distribution or distribute in this state a commercial feed, except a
custom-mixed feed, which pet food or specialty pet food that has not been registered under this section by the manufacturer.
The application for registration must be accompanied by a nonrefundable fee of $6.50 for each product other than a pet
food or specialty pet food and a nonrefundable fee of $25 for each pet food or specialty pet food.
(b) The registration of
commercial feeds pet food and specialty pet food is for a period of 1 year commencing October
January 1 and ending September 30 December 31 of each year. (3)(7) An applicant for registration of a pet food or specialty pet food shall file with the department the following
his the applicant's name and address; and
(b) a complete
copy of the label or label facsimile that will appear on the product; standard list of all products being
registered (c) when requested by the department, promotional material and claims made about the product; and (d) any other necessary information requested by the department. (4)(8) The department may refuse registration of any commercial feed a pet food or specialty pet food not in compliance
with this chapter and may cancel any registration subsequently found not to be in compliance with this chapter. No A
registration may not be refused or canceled unless the registrant has been given an opportunity to be heard before the
department and to amend his the application in order to comply with this chapter."
Section 5. Section 80-9-202, MCA, is amended to read:
"80-9-202. Labeling. (1) A commercial feed, except a
custom-mixed customer formula feed, shall must be
accompanied by a label containing:
net weight quantity statement;
(b) the product name and any brand name under which the commercial feed is distributed;
(c) the guaranteed analysis stated in terms the department by rule determines are required to advise the user of the
composition of the feed or to support claims made in the labeling. The substances or elements guaranteed must be
determinable by laboratory methods such as the methods published by
the association of official analytical chemists AOAC
(d) the common or usual name of each ingredient used in the manufacture of the commercial feed. The department by rule may permit the use of a collective term for a group of ingredients which perform a similar function or it may exempt commercial feeds or any group of them from this requirement of an ingredient statement if it finds that the statement is not required in the interest of consumers.
(e) the name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
(f) adequate directions for use for all commercial feeds containing drugs. The department may by rule require directions for the use of other commercial feeds when necessary for their safe and effective use.
(g) precautionary statements which the department by rule determines are necessary for safe and effective use of the commercial feed.
custom-mixed customer formula feed shall must be accompanied by a label, invoice, delivery slip, or other
shipping document containing:
(a) the name and address of the manufacturer;
(b) the name and address of the purchaser;
(c) the date of delivery;
(d) the specific agreed to composition of the feed or a list of the ingredients, but not necessarily the percentage of each ingredient;
(e) adequate directions for use for all
custom-mixed customer formula feed containing drugs. The department may by
rule require directions for the use of other custom-mixed customer formula feeds when necessary for their safe and effective
(f) precautionary statements which the department by rule determines are necessary for safe and effective use of the
custom-mixed feeds .;
(g) in cases when a drug-containing product is used in a customer formula feed:
(i) the purpose of the drug in the form of a claim statement; and
(ii) the established name of each active drug ingredient and the level of each drug used in the final mixture, expressed in accordance with the association of American feed control officials model feed regulations, as published in that organization's official publication and adopted by department rule."
Section 6. Section 80-9-204, MCA, is amended to read:
"80-9-204. Adulterated feed. A commercial feed is adulterated if:
(1) it contains any poisonous or deleterious substance
which that may render it injurious to health. However, if the
substance is not an added substance, the commercial feed shall may not be considered adulterated under this subsection if
the quantity of the substance in the commercial feed does not ordinarily render it injurious to health.
(2) it contains any added poisonous, deleterious, or nonnutritive substance
which that is unsafe within the meaning of
section 406 of the Federal Food, Drug, and Cosmetic Act, (other than one which that is a pesticide chemical in or on a raw
agricultural commodity or a food additive );
(3) it is or it contains any food additive
which that is unsafe within the meaning of section 409 of the Federal Food,
Drug, and Cosmetic Act;
(4) it is a raw agricultural commodity and it contains a pesticide chemical
which that is unsafe within the meaning of
section 408(a) of the Federal Food, Drug, and Cosmetic Act. However, where when a pesticide chemical has been used in
or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of
the Federal Food, Drug, and Cosmetic Act and that agricultural commodity has been processed by canning, cooking,
freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed shall may not
be deemed considered unsafe if such the residue in or on the raw agricultural commodity has been removed to the extent
possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the
tolerance prescribed for the raw agricultural commodity, unless the feeding of the processed feed is likely to result in the
pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the Federal
Food, Drug, and Cosmetic Act;
(5) it is or contains any color additive
which that is unsafe within the meaning of section 706 721 of the Federal Food,
Drug, and Cosmetic Act;
(6) it is or contains any new animal drug that is unsafe within the meaning of section 512 of the Federal Food, Drug, and Cosmetic Act;
(7) it consists in whole or in part of any filthy, putrid, or decomposed substance or if it is otherwise unfit for feed;
(8) it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;
(9) it is in whole or in part the product of a diseased animal or of an animal that has died otherwise than by slaughter and that is unsafe within the meaning of section 402(a)(1) or (a)(2) of the Federal Food, Drug, and Cosmetic Act;
(10) its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health;
(11) it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;
(12) any valuable constituents have been in whole or in part omitted or abstracted
therefrom from the commercial feed
or any less valuable substance substituted therefor for the valuable constituent; (7)(13) its composition or quality falls below or differs from that stated on its label the composition or quality that is
purported or represented to possess by its labeling; (8)(14) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or
packaging do not conform to current good manufacturing practice rules adopted by the department to assure that the drug
meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity
characteristics which that it is represented to possess. In formulating these rules, the department shall adopt the current
good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under the Federal
Food, Drug, and Cosmetic Act unless it determines that they are not appropriate to the conditions which that exist in this
state ;. (9)(15) it contains viable weed seeds in amounts exceeding the limits which the department established by department
Section 7. Section 80-9-205, MCA, is amended to read:
No Subject to the penalty provisions in 80-9-303, a person may not:
(1) manufacture or distribute any commercial feed that is adulterated or misbranded;
(2) adulterate or misbrand a commercial feed;
(3) distribute agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls
are adulterated within the meaning of subsections (1) through (5) (11) of 80-9-204;
(4) remove or dispose of a commercial feed in violation of an order under 80-9-302;
(5) fail to register or obtain a
permit license in accordance with 80-9-201;
(6) violate 80-9-304;
(7) fail to pay inspection fees and file reports as required by 80-9-206;
(8) fail to submit a complete copy of labeling or a list of feed labels as required in 80-9-201;
(9) submit false information on an application for licensure or registration;
(10) knowingly use commercial feed or other feeds that are adulterated to feed animals that are intended for human consumption or to produce commodities for human consumption; or
(11) fail to comply with a lawfully issued order."
Section 8. Section 80-9-206, MCA, is amended to read:
"80-9-206. Inspection fees -- filing of annual statement. (1) An inspection fee must be paid on all commercial feeds,
custom-mix customer formula feeds, except pet foods and specialty pet foods, distributed in this state as follows: (a) The inspection fee must be set by rule on a cents-per-ton basis, except that the first 10 tons are exempt. The
department may adjust the fee by rule to adequately fund the administration of this chapter. Adjustments may be made only
after holding a public hearing on the proposed changes as required in 80-9-103 and must remain within the limits of 5 cents
to 25 cents per ton. The effective date of any rule adjusting fees is January 1 of the calendar year following the issuance of
the rule. All permit holders are to be notified immediately of any changes in fees. (b)(a) The feed manufacturer has primary responsibility for paying inspection fees. However, the distributor is
responsible for inspection fees if the manufacturer has not paid them. (c)(b) The inspection fee is 18 cents a ton. Inspection fees must be paid on each commercial feed, including custom-mix
customer formula feeds and feed ingredients that are defined as commercial feeds even though they are used in the
manufacture of other commercial feeds. However, premixes prepared and used within a feed plant are exempt but not
premixes or ingredients transferred from one plant to another even within the same organization are exempt. (d)(c) A person producing a commercial feed with a feed mixing plant at a feed lot or a poultry, swine, or dairy
operation may not be required to pay inspection fees on the commercial feeds produced and used in his the feeding
operation at the site, but he is responsible for any unpaid inspection fees on commercial feed purchased by him that person
and on any commercial feed he that person produces and distributes other than in his that person's feeding operations at the
(2) Each person who holds a
permit license as required in 80-9-201(1) shall:
(a) file, not later than January 31 of each year, an annual statement setting forth the number of tons of commercial feeds
distributed in this state during the preceding calendar year (January 1 through December 31) and upon filing the statement
shall pay the inspection fee
at the rate stated in subsection (1). Inspection fees that have not been remitted to the department
on or before January 31 have a penalty fee of 10% with or a minimum of $10, whichever is more, added to the amount due.
The assessment of this penalty fee does not prevent the department from taking other action as provided in this chapter.
(b) keep those records that are necessary or are required by the department to indicate accurately the tonnage of commercial feed distributed in this state. The department may examine the records to verify statements of tonnage.
(c) make accurate and prompt reports as required. Failure to do so is sufficient cause for the department to cancel or
refuse to reissue a
Section 9. Section 80-9-207, MCA, is amended to read:
"80-9-207. Deposit of fees. (1) All fees collected for
permits licenses, registration, and inspection shall must be
deposited in the state treasury to the credit of the state special revenue fund for the purpose of administering this chapter,
including the cost of equipment and facilities and the cost of inspecting, analyzing, and examining commercial feeds
manufactured or distributed in this state and the cost of developing better analytical methods and means of evaluating the
value or the potential toxic qualities of a feed.
(2) The department may direct the board of investments to invest funds from the state special revenue fund pursuant to
the provisions of the unified investment program for state funds. The income from
such those investments shall must be
credited to the proper department account in the state special revenue fund.
(3) The account in subsection (1) may receive funds from any source, including but not limited to gifts, grants, cost-share funds, or other funds designated for purposes consistent with this chapter.
(4) Any administrative civil penalties collected under 80-9-303 must be deposited in the Montana state university-Bozeman agricultural experiment station research account and may be used only for feed and animal nutrition research and education."
Section 10. Section 80-9-301, MCA, is amended to read:
"80-9-301. Enforcement -- inspection -- notice -- sampling and analysis. (1) To enforce this chapter, the department
upon presenting appropriate credentials
and a written notice to the owner, operator, or agent in charge may enter, during
normal business hours at reasonable times or under emergency conditions, any factory, warehouse, or establishment within
the state in which commercial feeds are manufactured, processed, packed, distributed, or held or enter any vehicle being
used to transport or hold commercial feeds. The department may inspect at reasonable times and within reasonable limits
and in reasonable manner any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and
unfinished materials, containers, and labeling found in them. The inspection may include the verification of only those
records and production and control procedures necessary to determine compliance with the good manufacturing practice
rules adopted under 80-9-204(8) 80-9-204(14).
A separate notice shall be given for each inspection, but a notice is not required for each entry made during the
period covered by the inspection. Each inspection shall must be commenced and completed with reasonable promptness.
Upon completion of the inspection, the person in charge of the facility or vehicle shall must be so notified of the
(3) If the officer or employee making the inspection of a factory, warehouse, or other establishment has obtained a
sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises,
he the officer or
employee shall give the owner, operator, or agent in charge a receipt describing the sample obtained. (4) If the owner of a factory, warehouse, or establishment described in subsection (1) or his agent refuses to allow an
inspection, the department may obtain from the district court a warrant directing the owner or his agent to allow inspection
of the premises described in the warrant. (5)(4) To enforce this chapter the department may enter upon any public or private premises, including any vehicle of
transport, during regular business hours to obtain samples and examine records relating to distribution of commercial feeds. (6)(5) Sampling and analysis shall must be conducted in accordance with methods published by the association of
official analytical chemists AOAC international or with other generally recognized methods. (7)(6) The results of all analyses of official samples shall must be forwarded by the department to the person named on
the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been
adulterated or misbranded, the department shall upon request within 30 days following receipt of the analysis furnish the
registrant a portion of the official sample. (8)(7) The department, in determining for administrative purposes whether a commercial feed is deficient in any
component, shall must be guided by the official sample as defined in 80-9-101(12) 80-9-101(14) and obtained and analyzed
as provided for in subsections (3) , through (5) , and (6) of this section. (9)(8) All chemical official analyses shall must be performed cooperatively by the department and the agricultural
experiment station at Montana state university-Bozeman. However, the department may arrange with other laboratories for
specific analyses conducted as part of an official analysis."
Section 11. Section 80-9-302, MCA, is amended to read:
"80-9-302. Enforcement -- embargo order -- condemnation. (1) When the department has reasonable cause to believe any lot of commercial feed or other feed is in violation of this chapter or a rule adopted by the department, it may issue and enforce a written or printed embargo order requiring the person holding the commercial feed not to dispose of it in any manner until written permission is given by the department or the court. The department shall release the feed when this chapter and the rules of the department have been complied with. If compliance is not obtained within 30 days, the department may begin or, upon the request of the registrant, manufacturer, distributor, or the person holding the commercial feed, shall begin proceedings for condemnation.
(2) Commercial feed not in compliance with this chapter or the rules of the department may be seized on complaint of
the department to a district court in the area in which the commercial feed is located. If the court finds the commercial feed
in violation of this chapter and orders its condemnation, it
shall must be disposed of in any manner consistent with the
quality of the commercial feed and state law. The disposition of the commercial feed may not be ordered by the court
without first giving the owner or person from whom the feed was seized an opportunity to apply to the court for release of
the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this
Section 12. Section 80-9-303, MCA, is amended to read:
"80-9-303. Violation -- penalty -- injunction -- appeal. (1) A person who
violates is convicted of violating this
chapter or rules adopted under this chapter or who obstructs, prevents, or attempts to obstruct or prevent the department in
the performance of its duty under this chapter is guilty of subject to one or both of the following penalties:
(a) a misdemeanor and shall be fined not less than $100 or more than $300 for the first violation and not less than $500 or more than $1,000 for a subsequent violation;
(b) an administrative civil penalty of not more than $1,000 for each offense. Assessment of a penalty under this subsection (1)(b) may be made in conjunction with any other warning, order, or administrative action by the department, under the authority of this part.
(2) The department may by rule establish a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under subsection (1)(b). In developing rules for determining appropriate civil penalties, the department shall consider the significance or gravity of a violation, the degree of care exercised by the offender, and the adverse impact or potential adverse impact or effects on animals or humans. Violations that are determined to be nonsignificant but that are repeated within a 2-year period may also subject a person to a civil penalty. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.
(3) Nothing in this chapter requires the department to prosecute, begin seizure proceedings, issue civil penalties, or issue an embargo order as a result of minor violations or when it believes the public interest will best be served by suitable notice of warning in writing.
(3)(4) A county attorney to whom a violation is reported shall prosecute in a court of competent jurisdiction without
delay. Before the department reports a violation for prosecution, an opportunity shall must be given the distributor person to
present his the person's view to the department. (4)(5) The department may, in the district court of the first judicial district, apply for and the court may grant a
temporary or permanent injunction restraining any person from violating this chapter or any rule adopted under this chapter
notwithstanding the existence of other remedies at law. The injunction shall must be issued without bond. (5)(6) Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may
within 30 days seek judicial review in the district court where the person resides or has his place of business of the first
Section 13. Section 80-9-304, MCA, is amended to read:
"80-9-304. Disclosure of information prohibited. (1) A person who uses to
his that person's own advantage or reveals
to persons other than officers of the department or to the courts when relevant in a judicial proceeding any information
acquired under this chapter concerning any method, records, formulations, or processes which as a trade secret is entitled to
protection is guilty of a misdemeanor and shall be fined not more than $300 or imprisoned for not more than 1 year, or
However, the The department may exchange information of a regulatory nature with the proper officials of the
United States government or of other states who are similarly prohibited by law from revealing that information. The
department may not release information obtained from officials of the United States government or of other states when
those officials have determined and advised the department in writing that, based on the statutes governing those officials,
the information is confidential."
Section 14. Applicability. Because 80-9-201(6)(b) changes the period of registration of a pet food or specialty pet food from October 1 through September 30 to January 1 through December 31 of each year, it is intended that registrations issued after October 1, 1998, be valid through December 31, 1999, in order to coordinate registration issuance with the new period of registration.
- END -
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