Montana Code Annotated 2021



Part 2. Eggs

Wholesale Egg Dealer's And Egg Grader's Licenses -- Exemptions -- Fee

81-20-201. 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 for each establishment at which business is conducted.

(2) The department shall establish a license fee for dealers buying eggs for resale at wholesale. All licenses must be posted in a conspicuous place in each place of business.

(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 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.

(4) Wholesale and retail dealers who handle more than an average of 25 cases of eggs a month over a 12-month period and who are supplying eggs to consumers 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 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 licenses provided for in this section expire each year on the anniversary date established by rule by the board of review established in 30-16-302.

History: (1), (2)En. Sec. 1, Ch. 189, L. 1931; re-en. Sec. 2634.1, R.C.M. 1935; amd. Sec. 1, Ch. 151, L. 1939; amd. Sec. 4, Ch. 121, L. 1965; amd. Sec. 1, Ch. 176, L. 1969; amd. Sec. 1, Ch. 310, L. 1974; amd. Sec. 1, Ch. 141, L. 1977; Sec. 3-2301, R.C.M. 1947; (3)En. Sec. 9, Ch. 151, L. 1939; re-en. Sec. 2634.13, R.C.M. 1935; amd. Sec. 1, Ch. 88, L. 1953; amd. Sec. 7, Ch. 121, L. 1965; amd. Sec. 6, Ch. 310, L. 1974; amd. Sec. 5, Ch. 141, L. 1977; Sec. 3-2313, R.C.M. 1947; R.C.M. 1947, 3-2301, 3-2313; amd. Sec. 23, Ch. 444, L. 1983; amd. Sec. 19, Ch. 366, L. 1997; amd. Sec. 1, Ch. 225, L. 2001.