(1) As used in chapter 8, unless the context otherwise requires, the following definitions shall apply:

(a) "Arabic numerals" are defined as numbers (not spelled out) such as 3/20 or 12/31.

(b) A "day" is defined as any 24-hour period beginning when pasteurization of a unit of milk is completed.

(c) "Milk" is defined as whole milk, reduced fat milk, lowfat milk, fat free milk, artificially flavored milk, whipping cream, half and half and/or any other pasteurized liquid milk product designed to be consumed in the form in which it is packaged, except buttermilk, eggnog, and ultra-pasteurized or aseptic processed milk products.

(d) "Pasteurized date" is the same date a unit of milk completes pasteurization.

(e) A "sell-by" date is defined as the 12th consecutive day, never to exceed 288 hours, following pasteurization of a unit of milk.

(f) "Standard abbreviations" are defined as a date code such as MAR 31, or NOV 12.

(g) A "unit of milk" is a quantity of milk that is pasteurized during one pasteurization processing cycle.

(2) The Department of Livestock adopts and incorporates by reference as rules of the department the following:

(a) "Grade A Pasteurized Milk Ordinance, 2019 Recommendations of the United States Public Health Service/Food and Drug Administration" (PMO) together with attached recommended administrative procedures, appendices, and index, except sections 16 and 17.

(b) "Methods of Making Sanitation Ratings of Milk Supplies," 2019  edition issued by the U.S. Public Health Service/Food and Drug Administration (MMSR).

(c) "Evaluation of Milk Laboratories," 2019 edition (EML).

(d) "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers," 2019 edition.

(3) These model codes and associated documents prescribe allowable methods of producing and processing Grade A milk and milk products and the methods by which compliance with the standards set forth are to be evaluated.

(4) Copies of related federal ordinances and associated documents are on file with the department and are carried by each sanitarian employed by the department.

(5) The rules of this chapter do not apply to "small dairies" as defined in 81-21-101, MCA. 

(1) The only milk and milk products which may be sold to the final consumer, to restaurants, soda fountains, grocery stores or similar establishments are:

(a) Grade A pasteurized milk and milk products produced and processed according to the terms of the Pasteurized Milk Ordinance.

(b) Milk products produced and processed in compliance with the terms of Chapter 9 of this title.

(c) In an emergency the sale of pasteurized milk and milk products which have not been graded or the grade of which is unknown may be made when authorized by the department. Milk and milk products sold under this sub-section must be labeled "ungraded".

(1) No retail raw milk dairies will be licensed to sell grade A raw milk for public consumption.

This rule has been repealed.

(2) The identity of the plant is maintained by plainly labeling the container with the name of the milk plant, the name of the city or town and the state in which the plant is located.

(3) Chapters 8 and 9 further provide that the identity of the plant where the milk or milk products were pasteurized may be shown by a code device approved by the board of livestock on the label of the container.

(4) The national conference on interstate milk shipments and its membership have adopted the federal information processing standards (FIPS) numeral code for states to identify plants processing fluid milk fresh milk products and frozen desserts for respective states. The numeral code to identify milk plants in Montana is 30. The national conference on interstate milk shipments recommends that the FIPS numeral code for states be followed by a hyphen and an official code number identifying the milk plants in the state.

(5) The department has assigned official plant code numbers to each licensed pasteurization plant in the state. Copies of the plant code assignments may be obtained by writing the milk and egg bureau, department of livestock, P.O. Box 202001, Helena, MT 59620-2001.

(6) All bottles, cans, packages and other containers enclosing milk or any milk product defined in chapters 8 and 9 shall be plainly labeled with the name of the milk plant in which the milk or milk product was pasteurized, the name of the city or town and state in which the milk plant is located and/or the code number assigned by the department.

(1) Employing the definitions in ARM 32.8.101, and in 81-23-101, MCA, these rules apply to milk producers, processors, distributors, wholesalers, and retailers who conduct business in Montana. The rules of this chapter do not apply to "small dairies" as defined in 81-21-101, MCA.

(1) When 12 days or more have passed following pasteurization of a unit of grade A milk, there will be no quantities of that unit of milk sold as packaged except as provided in (a).

(a) Half pint packages of Grade A milk may be further distributed within an institution after the 12 days has passed, provided the initial purchase occurred pursuant to (1) above. For the purposes of this subsection, an institution means a school, hospital, or similar entity.

(2) No grade A pasteurized milk may be put in any container marked with a sell-by date which is more than 12 days after pasteurization of the milk for sale in Montana.

(3) Unless otherwise agreed upon, the person who offers the milk for sale to the public is responsible for removing the milk at or before the expiration of the 12 days.

(a) The sell-by and pasteurized date will be displayed in Arabic numerals or standard abbreviations for day and month, which shows the last day the milk may be sold as required by ARM 32.8.202.

(2) No person, other than the packager of the milk, may mark the package with a pasteurized date and a sell-by date without permission of the department of livestock.

(1) The Montana correctional enterprises (state prison system) and/or any other licensed grade A processor is exempt from the pasteurized date code requirement as long as they do not sell or in anyway distribute milk to the public.

(2) No pasteurized date is required for containers of milk processed for sale and sold out of state.

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(1) Labels required by ARM 32.8.203 ("Sell-By" date) must be of a color clearly contrasting with the area immediately surrounding the label. The labels may be put on by printing, stamping, or burning, a combination of any of those methods, or by some other method specifically approved in writing by the department.

(2) Labels placed on "pure paks" or similar containers must be located on the top sealing fin. Labels on molded plastic jugs may be placed anywhere on the upper half of the container (or on the printed product label) except the lid. Labels for containers must be at least 1/8 inch in height.

(3) All characters in the labels required by ARM 32.8.203 must be at least 1/8 inch in height.

(4) The "Sell-By" date must be located above any other date code label on molded plastic jugs. Labels placed on "pure paks" or similar containers must have the "Sell-By" date label to the left of any other date code label.

(5) No date code label shall be printed in a font size larger than the font of the label of the "Sell-By" date.

(1) Milk offered for sale contrary to the provisions to ARM 32.8.202 or 32.8.203 may be seized and destroyed by agents of the Department of Livestock.

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