(2) All prepared or manufactured animal or poultry feeds must be shipped in new sacks or containers, or in previously used sacks or containers provided such previously used sacks or containers have been cleaned and sterilized.

(2) All bone meal processed within the state of Montana must be sterilized before it is sold, distributed or given away within the state of Montana, unless a special permit in writing is first secured from the Montana department of livestock, animal health division to dispense with such sterilization. Exemption permits may be granted only when the bones are certified as being from Montana animals and originate in a district where anthrax or any other dangerous disease is not known to exist or to have existed.

(2) No milk cans or containers that have been used to ship milk or cream or dairy products to any milk plant or creamery may be returned or shipped to any farm or premises until those cans or containers have been cleaned and sterilized in a manner approved by the Montana department of livestock, animal health division.

(1) Animal protein derived from mammalian tissues shall be prohibited in ruminant feeds in Montana.

(2) "Protein derived from mammalian tissues" means any protein containing portions of mammalian animals, excluding:

(a) blood and blood products;

(b) gelatin;

(c) inspected meat products which have been cooked and offered for human food and further heat processed for feed (such as plate waste and used cellulosic food casings) ;

(d) milk products (milk and milk proteins) ; and

(e) any product whose only mammalian protein consists entirely of porcine or equine protein.

(3) "Ruminant" includes any member of the order of animals which has a stomach in four chambers (rumen, reticulum, omasum, and abomasum) through which feed passes in digestion. The prohibition includes, but is not limited to, cattle, buffalo, sheep, goats, deer, elk, and antelopes.

(1) Any person desiring to handle, prepare, cook, or otherwise treat garbage to feed to swine or other animals, or to feed garbage to swine or other animals, shall submit an application for a garbage feeder's license to the department of livestock, on an application form supplied by the department and shall obtain a garbage feeder's license from the department.

(2) All trucks, vehicles, cans, vats, bins, tanks, and other containers used for storage of garbage, either before or after such garbage has been prepared, cooked, or otherwise treated, must be constructed of or lined with impervious material and covered in such a manner that flies, insects, rodents, poultry, and other animals may not have access to the contents.

(3) All cans, vats, bins, tanks, tables, platforms, machinery and other facilities used for or in the process of sorting garbage prior to being cooked or treated must be constructed of or surfaced with impervious material so that they may be cleaned and disinfected. The floors of all areas in which such sorting is done must be constructed of concrete or other impervious material and properly drained so that they may be washed, flushed and disinfected. Sorting areas must be so located and constructed that flies, insects, rodents, poultry and other animals do not have access to uncooked garbage.

(1) Records of temperatures recorded during treatment of garbage must be preserved by garbage feeders for a period of 6 months unless they are sooner authorized in writing to be destroyed by the department.

(2) Upon demand by the department, a garbage feeder shall furnish a complete list of the sources of the garbage which he treats or feeds.

(2) In its discretion, the department may by written order require that swine or other animals which have been fed garbage be clinically inspected and tested before sale and removal from the premises where fed.

This rule has been repealed.

In subchapter 7:

(1) "Meat depot" means a facility where meat or poultry, meat or poultry food products, or meat or poultry by-products, capable for use as human food and intended for sale, are stored.

(2) "Packing house" means an establishment where meat or poultry, meat or poultry food products, or meat or poultry by-products, capable for use as human food, are prepared or processed.

(3) "Slaughterhouse" means an establishment where animals are butchered for human consumption.

(1) Any person, firm, or corporation desiring to maintain or conduct a slaughterhouse, packing house, mobile slaughter facility, or meat depot shall file a written application for a license on a form to be provided by the Department of Livestock.

(2) A meat depot license is not required for facilities at physical locations that are licensed by a local public health authority and subject to onsite sanitary inspections by that authority.

(3) Complete drawings and specifications for remodeling establishments and for new structures must be submitted to the department, and approval obtained for the plans, in advance of construction.

(4) No license for a slaughterhouse, packing house, mobile slaughter facility, or meat depot may be granted until a representative of the Montana Department of Livestock has inspected the establishment, or facility, and premises proposed to be licensed, and has specified in writing, addressed to the applicants, the requirements for sanitation and necessary facilities for sanitary operation in conformity with the requirements of this subchapter.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The Department of Livestock incorporates by reference:

(a) 9 CFR 300.1 through 9 CFR 321.3;

(b) 9 CFR 325 through 9 CFR 325.21;

(c) 9 CFR 329.1 through 9 CFR 329.9;

(d) 9 CFR 352 through 9 CFR 362.5;

(e) 9 CFR 381.1 through 9 CFR 381.103;

(f) 9 CFR 381.190;

(g) 9 CFR 381.194;

(h) 9 CFR 381.115 through 9 CFR 381.182;

(i) 9 CFR 381.210 through 9 CFR 381.218;

(j) 9 CFR 381.300 through 9 CFR 381.524; and

(k) 9 CFR 416.1 through 9 CFR 500.8.

(2) These regulations set forth the federal rules on meat and poultry inspection with the following exceptions and clarifications thereto:

(a) Any reference to the "U.S. Department of Agriculture" will mean the "Montana Department of Livestock."

(b) Any reference to "U.S. inspected and passed" will mean "Montana inspected and passed."

(c) Any reference to "U.S. passed for cooking" will mean "Montana passed for cooking."

(d) Any reference to "U.S. passed for refrigeration" will mean "Montana passed for refrigeration."

(e) Any reference to "U.S. inspected and condemned" will mean "Montana inspected and condemned."

(f) Any reference to "U.S. retained" will mean "Montana retained."

(g) Any reference to "U.S. suspect" will mean "Montana suspect."

(h) Any reference to "U.S. condemned" will mean "Montana condemned."

(i) Any reference to "regional director" will mean the official in charge of the program within a particular region.

(j) Any reference to "U.S.D.A. food inspector" will mean "Montana meat inspector."

(k) Any reference to "U.S.D.A. approval for export" will mean "Montana approval for export."

(l) Any reference to "U.S.D.A. letterhead and seal" will mean the "state of Montana letterhead and seal."

(m) Any reference to "U.S. rejected" will mean "Montana rejected."

(n) Any reference to "U.S.D.A. inspection legend" will mean "Montana inspection legend."

(o) Any reference to the "Standards and Labeling Division, Meat and Poultry Inspection Technical Services, in Washington, D.C." will mean the "Montana Department of Livestock."

(p) Any reference to "inspector in charge, Meat and Poultry Inspection Program, Food Safety and Inspection Service, U.S.D.A." will mean "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(q) Any reference to "U.S. government seals" will mean "state of Montana seals."

(r) Any reference to the "Department of Agriculture or divisions thereof in Washington, D.C." will mean "Montana Board of Livestock acting through Montana Department of Livestock" in Helena, Montana.

(s) Any reference to "Compliance Staff, Meat and Poultry Inspection Field Operations, Food Safety and Inspection Service, U.S.D.A., Washington, D.C. 20250" will mean "Chief Inspector in Charge, Meat and Poultry Inspection Program, Montana Department of Livestock, P.O. Box 202001, Helena, Montana 59620-2001."

(t) Any reference to "federally inspected and passed" will mean "Montana inspected and passed."

(u) Any reference to "federal meat inspection" will mean "state meat inspection."

(v) Any reference to "Treasurer of the United States" will mean "Montana Department of Livestock."

(w) Any reference to "general services administration" will mean "Montana Department of Livestock."

(x) Any reference to "secretary" will mean the "Montana Board of Livestock or its delegate."

(y) Any reference to "food safety and inspection service" will mean the "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(z) Any reference to "overtime and holiday inspection service" shall be subject to those provisions set forth by the state of Montana for those individuals deemed to be "public employees."

(aa) Any reference to "hearing clerk of the food safety and inspection service" will mean "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(ab) Any reference to the "U.S. court of appeals for the District of Columbia" will mean "district court of the state of Montana."

(ac) Any reference to "imported into the United States" will mean "imported into the state of Montana."

(ad) Copies of the above are on file with the Department of Livestock and may be reviewed at that office. In addition, copies of each document are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 for a fee by requesting the appropriate rule number(s).

(ae) Any reference to the word "act" will mean the Montana "Meat and Poultry Inspection Act."

(af) Any reference to the term "administrator" will mean the "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(ag) Any reference to the term "program" will mean the Montana "Meat and Poultry Inspection Act."

(ah) Any reference to the term "circuit supervisor" will mean the "meat inspector designated to inspect meat in a particular circuit" or "area."

(ai) Any reference to specific provisions of federal law will mean specific provisions of corresponding laws of the state of Montana.

(3) The Code of Federal Regulations is available for review at the Montana State Law Library, 215 North Sanders in Helena or online at www.ecfr.gov.

(1) The owners of a meat depot must:

(a) Operate and maintain the facility in a manner sufficient to prevent the creation of insanitary conditions and to ensure that product is not adulterated; this includes but is not limited to:

(i) Construct facilities in such a way to prevent the entrance of vermin, and have in place a pest management program that prevents the harborage and breeding of pests on the grounds and within the facility;

(ii) Control the climate and conditions under which product is stored in a manner appropriate for each type of product;

(iii) Store product in a secure manner that prevents unauthorized access to or tampering with product;

(iv) Keep facilities clean and in good repair;

(b) Store only meat and poultry products which are marked "inspected and passed" either by the state of Montana or the United States Department of Agriculture, Food Safety Inspection Service.

(c) Locate the meat depot so that it is accessible for inspection without entry into a private residence.

(1) Operations required to provide dressing rooms, lavatories, or toilets must provide such facilities dedicated to the business and not located in a private residence, except:

(a) All operations with an active license as of January 1, 2020 are allowed to continue to operate with existing dressing rooms, lavatories, or toilets.

(2) To preserve the exception in (1)(a), an eligible license must be renewed annually with no change in ownership and no substantive modification of the existing facilities.

(1) The label for a single ingredient product produced in an establishment under state inspection may be used on that product without prior review from the department.

(2) The label for a multiple ingredient product produced in an establishment under state inspection may not be used on that product unless the establishment has submitted the label for review and the label has been accepted by the department.

(3) Requests for label review must be submitted on an approved label application form containing all required information.

(4) Establishments must maintain a copy of all labels used on products that bear the state mark of inspection.

(5) The department's acceptance of a label is valid for three years from the date the acceptance was issued unless the department provides a shorter time period in its acceptance. Establishments must resubmit labels for renewal after the acceptance period has expired.

(6) During the acceptance period, the establishment producing the label must ensure that the label is updated to meet all regulatory requirements following changes to the product formulation, processing procedures, regulation, or other events that may render the label noncompliant with applicable regulations. 

(1) A recall is an establishment's voluntary action to remove product from commerce to protect the public from consuming adulterated or misbranded products.

(2) Each establishment inspected by the department must have a recall plan that will be implemented whenever the establishment suspects that it has produced and put into commerce adulterated or misbranded product.

(3) Recalls are initiated by the manufacturer or distributor of the meat or poultry. These establishments must notify the department within 24 hours of the establishment's decision to conduct a recall.

(4) The department will coordinate with the establishment initiating the recall to ensure the product has been properly identified and removed from commerce.

(5) If the department has reason to believe adulterated or misbranded product has entered commerce and no recall has been initiated, or if an establishment requests assistance determining whether a recall is necessary, the department will:

(a) conduct a preliminary investigation, which may include some or all of the following steps:

(i) contacting the manufacturer of the food for more information;

(ii) interviewing consumers who allegedly became ill or injured from eating the suspect food;

(iii) collecting and analyzing food samples;

(iv) collecting and verifying information about the suspected food;

(v) discussing the situation with departmental field inspection and compliance personnel;

(vi) contacting State and local health departments; and

(vii) documenting a chronology of events; and

(b) convene a recall committee using the following process:

(i) the recall committee will review available information and make a consensus recommendation about the need for a recall; and

(ii) the recall committee will consist of five to seven members representing the following types of individuals:

(A) meat science specialist, who may be retained from an appropriate entity outside of the department;

(B) microbiologist, who may be retained from an appropriate entity outside of the department;

(C) Board of Livestock member or the department's executive officer;

(D) The department's Animal Health and Food Safety Division administrator or chief meat inspector; and

(E) Meat and Poultry Inspection Bureau enforcement, investigations, and analysis officer or equivalent; and

(iii) if the recall committee recommends a product recall, the committee will prepare a report to be sent to the establishment confirming the evaluation of the hazard, the scope of the recall, the area of distribution, and the department's understanding of the establishment's recall strategy.

(6) After the committee recommends a recall, the establishment has 48 hours to declare its intent to accept or deny the recommendation in writing to the department's chief meat inspector.

(7) If an establishment refuses to recall a product following the recommendation of the committee, the department may notify the public of the refusal to conduct a recall and may detain or retain affected products.

(8) The department will notify the public of any recall or detention of state inspected meat and poultry food products and conduct effectiveness checks.

(9) If a recall is not recommended because no affected products remain in commerce but a potential health risk to consumers exists from products that may still be in the consumers' possession, or from products which are unaccounted for, the department may notify the public of that risk through a public health alert.

(10) All public notifications from the department concerning recalled products, products that an establishment chooses not to recall, and products that are not subject to recall but that may pose a potential health risk will include the name of the producing establishment, the official establishment number, the name of the product, and any other available identifying information such as lot numbers, production dates, or use-by dates.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The slaughter of horses and the preparation and handling of horse meat and horse meat food products must be conducted in establishments separate and apart from any establishment in which cattle, swine, goats, or other animals are slaughtered or their meat or meat food products are prepared or handled.

(2) All provisions of sub-chapter 6 and 7 of this chapter are applicable to horse slaughterhouses, horse meat packing houses, or horse meat depots.

(2) Any horse which is suspected on ante-mortem inspection of being infected with glanders or dourine must be held for further examination or for such tests as the department may prescribe.

(2) The domestic meat label for horse meat or horse meat food products must be printed on paper, light green in color. The legend composing the body of each label must contain the following phrase: "Domestic Horse Meat" or "Horse Meat Food Product".

(2) All provisions of the meat inspection regulations of the U.S. department of agriculture, animal and plant health service, veterinary services, unless specifically inapplicable, are made applicable to the inspection and handling of horse meat and horse meat food products, and the animals from which they are derived.

(2) The floors must be equipped with adequate drains.

(3) All buildings must be vermin and rodent proof.

(4) No liquid waste, either from the rendering processes or from washing, may be discharged into any stream or water place, or upon the surface of the ground, nor may liquid waste be discharged in any manner which will contaminate any water supply, or make it unfit for human or livestock consumption. All sewage from washing floors, washing vehicles and liquid waste from rendering processes must be disposed of in a manner satisfactory to the Montana department of livestock, animal health division and the Montana department of health and environmental sciences.

(5) All unloading places or chutes used by a rendering plant or disposal plant must be on floors which are of concrete or other impervious material which can be easily cleaned and disinfected.

(6) All buildings used as collection stations must be constructed with floors and walls or concrete or other impervious material, equipped with adequate drains, adequate washing and disinfecting equipment, and constructed so as to be vermin and rodent proof. If bodies, or parts of bodies, of dead animals are to be stored for more than 48 hours, adequate refrigeration must be provided. Collection stations must be maintained the same as rendering or disposal plants.

(7) Floors and walls must be thoroughly scrubbed and flushed with water having a temperature of at least 170°F. following each day's operation.

(8) The buildings and surroundings must be maintained in a sanitary condition at all times.

(9) Flies must be kept under control at all times.

(10) A rendering or disposal plant may not be constructed on a site where it would be classified as a nuisance.

(2) Where bodies, or parts of bodies, of dead animals or fowl are to be rendered, the cooking vats or tanks must be airtight, except for proper escape vents for steam. Escaping steam must be released through a trap, or traps, or otherwise in a manner that causes no public annoyance.

(3) Where bodies, or parts of bodies, of dead animals or fowl are to be converted into tallow and other inedible material, the processing or rendering and cooking must be done in a manner that insures that all material is sterile.

(4) Where bodies, or parts of bodies, of dead animals, or fowl (including viscera contents) are to be disposed of by burning, the burning must be complete. The place where burning is done must be located, constructed and arranged to not interfere with the comfortable enjoyment of life and property of residents of this state.

(5) Where bodies, or parts of bodies, of dead animals or fowl (including viscera contents) are to be disposed of by burying, they must be buried so that no part shall be nearer than 4 feet from the natural surface of the ground. Every part must be covered with quicklime and then 4 feet of earth. The burial pit may not be located near any river, stream, lake, pond, well, or any gulch or draw which is the source of any stream. The burial pit may not drain on any ground which may be flooded by the overflow water of any river, stream, lake or pond.

(6) If disposition of the viscera contents or parts of carcasses is to be made in any manner other than as provided in these rules, the disposition must be approved by the department after written application by the licensed renderer.

(2) All vehicles must be thoroughly washed with water having a temperature of at least 170°F., and disinfected with an approved disinfectant immediately after unloading at the rendering plant or collection station.