(1) Milk and cream grader, weigher , or sampler means a person who grades, weighs or samples milk or cream purchased for use in milk plants or manufactured dairy products plants.

(1) All persons receiving or purchasing milk or cream and all persons collecting milk or cream on milk and cream routes shall provide a licensed grader, weigher and sampler at each receiving station or for each route. All milk or cream purchased for use in milk plants or to be used in any manufactured dairy product in Montana must be graded by licensed graders, weighers and samplers. It is unlawful for any person to grade, weigh or sample any milk or cream to be used for processing into Grade A milk and cream or used in manufactured dairy products without first procuring a license as a grader, weigher and sampler from the department of livestock.

(1) Applications for a milk and cream grader, weigher and sampler license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana.

(2) A $5.00 license fee, payable to the department of livestock, must accompany the completed application form.

(1) Upon receipt of the completed license application form and the license fee, an authorized representative of the department of livestock, animal health division will give a performance examination to the license applicant.

(2) The performance examination will determine the applicant's qualifications to:

(a) Grade milk and cream based on organoleptic examination (sight and odor) , based on sediment content and based on bacterial estimate;

(b) Accurately weigh milk and cream;

(c) Properly collect and prepare milk and cream samples.

(3) The performance examination test results will be recorded on the examination form provided by the department by the authorized representative of the department of livestock.

(1) The license applicant shall demonstrate ability to grade milk and cream by organoleptic examination, sediment content and bacterial tests. He shall demonstrate ability to accurately weigh milk and cream; and properly collect milk and cream samples for required tests. Upon receipt of the examiner's report recording the license applicant's ability to accurately perform the requirements herein stated to qualify for a license, the license will be issued.

(1) A milk and cream grader, weigher and sampler license expires December 31 of each year. The license must be renewed by the first January 31 following the date of license expiration as follows:

(a) Receipt of a completed application form supplied by the department of livestock, animal health division; and

(b) Receipt of the $5.00 license renewal fee.

(1) "Milk and cream tester" means a person who conducts tests on milk or cream for butterfat, protein, solids or other components when such milk or cream is bought and paid for on the basis of the value of butterfat, protein, solids or other component content.

(1) All persons who perform any butterfat, protein, solids or other component content test where milk or cream is bought and paid for on the basis of such value must obtain a license from the department of livestock, animal health division. (History: Secs. 81-2-102, 81-22-102 MCA; IMP , Secs. 81-2-102, 81-22-102, 81-22-205; Eff.

(1) Applications for a milk and cream tester's license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana.

(2) A $10.00 license fee, payable to the department of livestock, shall accompany the completed application form.

(1) Upon receipt of the completed license application form and the $10.00 license fee, an authorized representative of the department of livestock, animal health division will give a tester's performance examination to the license applicant.

(2) The tester's performance examination will determine that the applicant has approved apparatus and reagents available to conduct the tests, satisfactorily follows accepted procedures in conducting the tests; and obtains accurate results. The performance examination test results will be recorded on the examination form provided by the department by the authorized representative of the department of livestock.

(1) A license applicant shall demonstrate to the examiner that he uses only approved laboratory equipment and reagents, conducts the tests by accepted procedures, and demonstrates accuracy of test results on 5 milk and/or 5 cream split samples tested by him and by the diagnostic laboratory bureau, animal health division, department of livestock to qualify for a license. The examiner shall observe the testing of 5 milk and/or 5 cream samples, record the applicant's results, and forward the identical split samples to the diagnostic laboratory bureau for comparative test results to determine accuracy. The results for accuracy must be within acceptable standards of deviation on all samples.

(1) A milk and cream tester's license expires December 31 of each year. The license must be renewed by the first January 31 following the date of license expiration as follows:

(a) Receipt of a completed application form supplied by the department of livestock, animal health division;

(b) Receipt of the $10.00 license renewal fee;

(c) An official report of 5 milk and/or cream split samples tested by the renewal applicant and the diagnostic laboratory bureau, animal health division, department of livestock within the immediate past year showing all 5 renewal applicant test results within acceptable standards of deviation.