Montana Code Annotated 2021



Part 2. Licensing Provisions

Licenses And Schedule Of License Fees

81-22-208. Licenses and schedule of license fees. (1) Licenses and license fees required under this part must be established by the department for the following facilities and activities:

(a) a manufactured dairy products plant. However, a plant license is not required of a retail food establishment licensed as provided in Title 50, chapter 50, and a license is not required to manufacture nondairy products when only nondairy products are manufactured.

(b) a cream station. However, a license is not required if the cream station is owned and operated by a licensed plant, but the milk and cream, equipment, premises, and means of transporting milk or cream are subject to official inspection.

(c) a dairy producing milk for manufacturing purposes. However, a dairy license is not required if the dairy farm is licensed by the department to produce and sell milk or cream in the form in which it is originally produced as required by 81-21-102.

(d) a grader-weigher-sampler, tester, and hauler. However, a separate grader-weigher-sampler, tester, and hauler license is required whether a person performing these activities owns and operates the plant, is employed by the plant, or is self-employed.

(2) (a) A license is valid on the date issued and expires on December 31 of that year unless suspended or revoked by the department. A license must be renewed by the first January 31 following the expiration date. A license renewal application form may be supplied by the department. The license renewal application form when returned to the department must be accompanied by the correct license fee.

(b) A license must be posted in conspicuous view at the place of business.

(c) A license is not transferable from place to place or from person to person.

(3) A penalty fee in an amount established by rule by the department may be imposed on a person who fails to apply for renewal of a license if under this part that person is required to be licensed.

(4) All license fees collected under this section must be deposited in the general fund.

History: En. Sec. 1, Ch. 451, L. 1973; R.C.M. 1947, 3-24-112.1; amd. Sec. 28, Ch. 444, L. 1983; amd. Sec. 352, Ch. 418, L. 1995; amd. Sec. 552, Ch. 546, L. 1995; amd. Sec. 30, Ch. 239, L. 2015.