_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT adopting the country of origin placarding act of 2023; requiring a placard of country of origin on beef or pork products; providing definitions; providing rulemaking authority; AMENDING SECTION 30-12-702, MCA; and PROVIDING AN EFFECTIVE DATE."

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

NEW SECTION. Section 1. Short title. This part may be cited as the "Country of Origin Placarding Act of 2023".

NEW SECTION. Section 2. Placarding requirements. (1) A retailer who sells beef, pork, or both beef and pork or offers beef, pork, or both beef and pork for sale in this state shall make a reasonable effort to display a placard, label, or identifying mark that is clearly visible and readily viewable by the public. The placard, label, or identifying mark must be placed in the immediate vicinity of the beef, pork, or both the beef and pork to designate the beef, pork, or both the beef and pork as:

(a) "Born, raised, and processed in the USA", if the beef, pork, or both the beef and pork is derived exclusively from animals that are born, raised, and slaughtered in the United States; or

(b) "Imported/Origin Unlabeled", if the beef, pork, or both the beef and pork does not meet the criteria provided in subsection (1)(a).

(2) A placard, label, or identifying mark is not required for prepared foods that are for immediate sale or ready to eat.

NEW SECTION. Section 3. Rulemaking. (1) The department shall adopt rules to implement this part. The rules must include:

(a) statements that delineate the difference between imported and unimported beef, pork, or both beef and pork;

(b) the preferred placarding or labeling method for each commodity type; and

(2) Rules adopted to implement this part may not unduly restrict a person from conducting business.

NEW SECTION. Section 4. Retailer Requirement. (1) A retail vendor engaged in the business of selling products that are labeled or identified as to the country of origin may not knowingly or purposely remove a placard, label, or identifying mark.

(2) As used in this section, "knowingly" and "purposely" have the meanings provided in 45-2-101.

Section 5. Section 30-12-702, MCA, is amended to read:

" 30-12-702. Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(1)(2) "Label" and "labeling" has have the meaning meanings provided in 50-31-103.

(2)(3) "Package" has the meaning provided in 50-31-103.

(4) "Person" means an individual, partnership, corporation, company, society, or association.

(5) "Placard" has the meaning provided in 50-31-103."

NEW SECTION. Section 6. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 30, chapter 12, part 7, and the provisions of Title 30, chapter 12, part 7, apply to [sections 1 through 4].

NEW SECTION. Section 7. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 8. Effective date. (1) Except as provided in subsection (2), [this act] is effective January 1, 2024.

(2) [Section 4] and this section are effective on passage and approval.