2001 Montana Legislature

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HOUSE BILL NO. 346

INTRODUCED BY C. SCHRUMPF, BARRETT, R. BROWN, E. CLARK, DEVLIN, G. FORRESTER, JACOBSON, KASTEN, KITZENBERG, LASZLOFFY, MASOLO, D. MOOD, PATTISON

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AN ACT ELIMINATING THE REQUIREMENT THAT A RETAIL EGG DEALER MUST HAVE A LICENSE TO SELL EGGS; AMENDING SECTION 81-20-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 81-20-201, MCA, is amended to read:

     "81-20-201.  Egg Wholesale egg dealer's and egg grader's licenses -- exemptions -- fee. (1) A person may not buy, sell, or deal in eggs without first obtaining a wholesale egg dealer's license from the department of livestock for each establishment at which business is conducted. A licensee shall send to the department the reports that are requested by the department.

     (2) The department shall establish a license fee for dealers buying eggs for sale at retail and for dealers buying eggs for resale at wholesale. All licenses must be posted in a conspicuous place in each place of business. Licenses expire each year on the anniversary date established by rule by the board of review established in 30-16-302.

     (2)(3) (a) A person buying, selling, or dealing in eggs, a major portion of which are produced by the person's own fowl, or in amounts less than an average of 25 cases per a month over a 12-month period, is exempt from the requirements of this section.

     (b) A person buying eggs for sale at retail is not required to obtain a license from the department.

     (3)(4)  Wholesale and retail dealers who handle more than an average of 25 cases of eggs per a month over a 12-month period and who are supplying eggs to consumers must, when selling candled eggs, shall sell only eggs candled by or under the supervision of experienced and licensed graders.

     (5) The department shall establish a fee for a grader's license. All candlers and graders must shall pass an examination required by the department.

     (6) A person licensed under this section shall send to the department any information or reports that the department requires.

     (7) The license licenses provided for in this section expires expire each year on the anniversary date established by rule by the board of review established in 30-16-302."



     Section 2.  Effective date. [This act] is effective on passage and approval.

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Latest Version of HB 346 (HB0346.ENR)
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