2022 Montana Code Annotated
Title 81. Livestock
Chapter 3. Marks and Brands
Part 2. Inspection of Marks and Brands
81-3-231. Penalties
81-3-231. Penalties. (1) A person is guilty of a misdemeanor and is punishable as provided in subsection (5) if the person removes livestock or causes livestock to be removed from a county in this state:
(a) without having the livestock inspected before removal if an inspection is required by law;
(b) without obtaining a market consignment permit or transportation permit if the permits are required by law;
(c) after obtaining a market consignment permit for livestock but does not deliver the livestock transported under the permit to the livestock market designated in the market consignment permit;
(d) after obtaining a transportation permit for the livestock but does not deliver the livestock transported under the permit to the destination as shown on the transportation permit and fails to have the transported livestock inspected at the point of destination.
(2) A person who sells livestock or offers livestock for sale at a livestock market without having the livestock inspected or who removes livestock or causes livestock to be removed from a livestock market without obtaining a release is guilty of a misdemeanor and is punishable as provided in subsection (5).
(3) A person who has charge of livestock being removed from a county in the state for which an inspection certificate, a market consignment permit, a transportation permit, or a market release certificate has been issued and who fails to have in the person's possession when accompanying the livestock the inspection certificate, market consignment permit, transportation permit, or market release certificate as issued for the livestock or who, having the certificate of inspection, market consignment permit, transportation permit, or market release certificate, fails to exhibit it to a sheriff, deputy sheriff, constable, highway patrol officer, state stock inspector, or deputy state stock inspector upon request is guilty of a misdemeanor and is punishable as provided in subsection (5).
(4) Except as specifically otherwise provided, a person violating any of the provisions of this part is guilty of a misdemeanor and is punishable as provided in subsection (5).
(5) Upon conviction under this section, a person, firm, association, or corporation shall be fined not less than $50 or more than $500 or imprisoned in the county jail for a period of not more than 6 months, or both. Of all fines assessed and collected under this section, except those assessed and collected in a justice's court, 50% must be paid into the state treasury and credited to the state special revenue fund for the use of the department and 50% must be paid into the general fund of the county in which the conviction occurred.
History: En. Sec. 6, Ch. 59, L. 1943; amd. Sec. 4, Ch. 184, L. 1953; amd. Sec. 4, Ch. 142, L. 1957; amd. Sec. 94, Ch. 147, L. 1963; amd. Sec. 109, Ch. 310, L. 1974; amd. Sec. 5, Ch. 482, L. 1977; R.C.M. 1947, 46-806; amd. Sec. 2, Ch. 14, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 9, L. 1985; amd. Sec. 53, Ch. 557, L. 1987; amd. Sec. 9, Ch. 166, L. 1989; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 2644, Ch. 56, L. 2009.
