Montana Code Annotated

Mont. Code Ann. § 81-23-101 (2026)

Definitions

✓ current as of May 2026

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TITLE 81. LIVESTOCK

CHAPTER 23. MILK PRICE CONTROL

Part 1. General Administration

Definitions

81-23-101. Definitions. (1) Unless the context requires otherwise, in this chapter, the following definitions apply:

(a) "Board" means the board of milk control provided for in 2-15-3105.

(b) (i) "Class" refers to the classes of utilization of milk that the board defines by rule.

(ii) In adopting rules under this subsection (1)(b), the board shall use the current definitions of classes of utilization of milk that are found in 7 CFR, part 1000.40, except that the board may combine any of the classes of milk provided for in the federal definitions into a single class.

(d) "Dealer" means a producer, distributor, producer-distributor, jobber, or independent contractor.

(e) (i) "Distributor" means a person purchasing milk from any source, either in bulk or in packages, and distributing it for consumption in this state. The term includes what are commonly known as jobbers and independent contractors.

(ii) The term does not include a person purchasing milk from a dealer licensed under this chapter for resale over the counter at retail or for consumption on the premises.

(f) "Licensee" means a person who holds a license from the board.

(g) "Market" means an area of the state designated by the board as a natural marketing area.

(h) "Milk" means the lacteal secretion of a dairy animal or animals, including those secretions when raw and when cooled, pasteurized, standardized, homogenized, recombined, concentrated fresh, or otherwise processed and all of which are designated as grade A by a constituted health authority and including those secretions that are in any manner rendered sterile or aseptic, notwithstanding whether they are regulated by any health authority of this or any other state or nation.

(i) "Milk price forward contract" means a voluntary agreement between a distributor and a producer to establish a mechanism to adjust a future producer price on a future delivery of milk at a future date, as a means of hedging the future milk price received by the producer.

(j) "Person" means an individual, firm, corporation, or cooperative association or the dairy operated by the department of corrections at the Montana state prison.

(k) "Producer" means a person who produces milk for consumption in this state and sells it to a distributor.

(l) "Producer prices" means those prices at which milk owned by a producer is sold in bulk to a distributor.

(m) "Producer-distributor" means a person both producing and distributing milk for consumption in this state.

(n) "Retailer" means a person selling milk in bulk or in packages over the counter at retail or for consumption on the premises and includes but is not limited to retail stores of all types, restaurants, boardinghouses, fraternities, sororities, confectioneries, public and private schools, including colleges and universities, and both public and private institutions and instrumentalities of all types and description.

(2) The board may assign new milk products not provided for under 7 CFR, part 1000.40, to the class that the board considers proper.

History: En. Sec. 3, Ch. 204, L. 1939; amd. Sec. 1, Ch. 192, L. 1959; amd. Sec. 3, Ch. 4, L. 1967; amd. Sec. 1, Ch. 107, L. 1971; amd. Sec. 89, Ch. 431, L. 1975; R.C.M. 1947, 27-403; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 1, Ch. 56, L. 1993; amd. Sec. 1, Ch. 242, L. 1995; amd. Sec. 2, Ch. 333, L. 1995; amd. Sec. 557, Ch. 546, L. 1995; amd. Sec. 1, Ch. 135, L. 2003; amd. Sec. 1, Ch. 23, L. 2007; amd. Sec. 2, Ch. 361, L. 2009; amd. Sec. 1, Ch. 189, L. 2021.

Notes of Decisions

Cited in 3 cases, 1979–2017 · leading case: Albertson's Inc. v. Dep't of Bus. Reg., 601 P.2d 43 (Mont. 1979).

Sort: Relevance Newest Treatment

Albertson's Inc. v. Dep't of Bus. Reg., 601 P.2d 43 (Mont. 1979). · cites it 6× “) Section 81-23-101(h), MCA. Under the plain language of the exclusion Albertson’s is not a distributor because it purchases milk from a licensed dealer for resale over the counter at retail.”

Core-Mark Int'l, Inc. v. the Montana Bd. of Livestock, 701 F. App'x 568 (9th Cir. 2017). “” Mont. Code Ann. § 81-23-101 (j). Core-Mark also refers to a "processor” as one who pasteurizes, homogenizes, and packages milk.”

State, Dep't of Com. v. Gallatin Dairies, Inc., 719 P.2d 790 (Mont. 1986). · cites it 5× “Did the District Court err in determining that Associated must pay wholesale price for milk purchased within Montana? Gallatin processes and markets milk produced by member dairy farmers and is a licensed distributor under Montana’s Milk Price Control Act, Section 81-23-101, et.…”

— Mont. Code Ann. § 81-23-101(h) — 1 case

Albertson's Inc. v. Dep't of Bus. Reg., 601 P.2d 43 (Mont. 1979). “) Section 81-23-101(h), MCA. Under the plain language of the exclusion Albertson’s is not a distributor because it purchases milk from a licensed dealer for resale over the counter at retail.”

— Mont. Code Ann. § 81-23-101(l)(r) — 1 case

State, Dep't of Com. v. Gallatin Dairies, Inc., 719 P.2d 790 (Mont. 1986). “Did the District Court err in determining that Associated must pay wholesale price for milk purchased within Montana? Gallatin processes and markets milk produced by member dairy farmers and is a licensed distributor under Montana’s Milk Price Control Act, Section 81-23-101, et.…”

— Mont. Code Ann. § 81-23-101(r) — 1 case

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