Montana Code Annotated 2023



Part 3. Enforcement and Penalties

Enforcement -- Embargo Order -- Condemnation

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, licensee, or 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 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 chapter.

History: En. Sec. 12, Ch. 356, L. 1973; R.C.M. 1947, 3-2036; amd. Sec. 11, Ch. 396, L. 1999; amd. Sec. 4, Ch. 46, L. 2017.