50-31-201. Department authorized to adopt food standards. (1) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall adopt regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, standard of quality, and/or fill of container.
(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which must be named on the label.
(3) The definitions and standards must conform as much as practicable to the definitions and standards promulgated under authority of the federal act, or the department may adopt by reference the definitions and standards promulgated under authority of the federal act.
(4) The department may not adopt food standards or regulations under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 9, Ch. 307, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-709; amd. Sec. 8, Ch. 320, L. 2021.
Structure Montana Code Annotated
Chapter 31. Montana Food, Drug, and Cosmetic Act
Part 2. Food and Bottled Water
50-31-201. Department authorized to adopt food standards
50-31-202. When food adulterated
50-31-203. When food misbranded
50-31-204. Labeling requirements for products in semblance of honey or containing honey
50-31-208. Sale of hamburger and beef patty mix
50-31-209. through 50-31-220 reserved
50-31-224. through 50-31-230 reserved
50-31-232. through 50-31-235 reserved