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NCBA, R-CALF, COOL, USDA (No Politics!)
Guv Still Slamming USDA
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<blockquote data-quote="Oldtimer" data-source="post: 170624" data-attributes="member: 97"><p><strong>For those of you who are not familiar with Montanas COOL law- here is a copy from the M.C.A..What it does is end the FRAUD of the Packer/retailer cutting off the origin markings on imported meat and passing it off as a US product....This law goes into effect October 1, 2006, unless the National M-COOL law does...</strong> </p><p></p><p>30-12-701. (Temporary--effective October 1, 2006) Short title. This part may be cited as the "Country of Origin Placarding Act". (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) </p><p></p><p>History: En. Sec. 1, Ch. 279, L. 2005. </p><p></p><p>30-12-702. (Effective October 1, 2006) Definitions. As used in this part, the following definitions apply: </p><p>(1) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17. </p><p>(2) "Label" has the meaning provided in 50-31-103. </p><p>(3) "Labeling" has the meaning provided in 50-31-103. </p><p>(4) "Package" has the meaning provided in 50-31-103. </p><p>(5) "Person" means an individual, partnership, corporation, company, society, or association. </p><p>(6) "Placard" has the meaning provided in 50-31-103. (Subsections (1), (3), (5), and (6) void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) </p><p></p><p>30-12-703. Labeling permitted. All producers, growers, and shippers of beef, pork, poultry, or lamb in this state are permitted to label each individual portion, piece, or package of beef, pork, poultry, or lamb in a conspicuous place as legibly, indelibly, and permanently as the nature of the commodity will permit, in a manner that indicates to an ultimate purchaser that the product was produced in Montana. </p><p></p><p>30-12-704. (Temporary--effective October 1, 2006) When placarding required -- removal of label prohibited -- exception. (1) Muscle cuts and ground beef, pork, poultry, or lamb, including any package that contains any blending of foreign and domestic product,<strong> that is produced in any country other than the United States and offered for retail sale in Montana must be labeled with a placard in a manner that indicates to an ultimate purchaser the country of origin.</strong> </p><p>(2) If one of the products enumerated in subsection (1) is <strong>unlabeled and the retail vendor is unable to determine its country of origin, the product must be labeled with a placard as "country of origin unknown".</strong> </p><p>(3) All retail vendors engaged in the business of selling <strong>products that are labeled or identified as to country of origin are prohibited from willfully or knowingly removing the labels or identifying marks.</strong> </p><p>(4) A placard is not required for prepared foods for immediate sale or ready to eat. (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) </p><p></p><p>30-12-705. (Temporary--effective October 1, 2006) Penalties. (1) A person engaged in the business of retail vending of muscle cuts and ground beef, pork, poultry, or lamb who knowingly or purposely offers those products for sale without ensuring that the products are clearly labeled as to the country of origin, as provided in 30-12-704, is subject to the following penalties: </p><p>(a) for a first offense, a vendor shall be fined an amount not to exceed $100; </p><p>(b) for a second offense, a vendor shall be fined an amount not to exceed $250; and </p><p>(c) for a third or subsequent offense, a vendor shall be fined an amount not to exceed $500. </p><p>(2) A person engaged in the business of retail vending of beef, pork, poultry, or lamb <strong>who <em>knowingly</em> removes any labels or identifying marks from beef, pork, poultry, or lamb that is labeled as to the country of origin is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.</strong> </p><p>(3) As used in this section, "knowingly" and "purposely" have the meanings provided in 45-2-101. (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) </p><p></p><p>30-12-706. (Temporary--effective October 1, 2006) Department authorized to adopt rules. (1) The department may develop, adopt, and administer rules for the efficient enforcement of this part. The rules adopted by the department may include but are not limited to: </p><p>(a) statements that delineate the difference between imported and unimported raw agricultural commodities for the purpose of this part; </p><p>(b) the preferred labeling or placarding method for each commodity type identified in this part; and </p><p>(c) other rules that the department considers necessary to enforce this part. </p><p>(2) The rules adopted to implement this part may not unduly restrict a person from conducting business. (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) </p></blockquote><p></p>
[QUOTE="Oldtimer, post: 170624, member: 97"] [b]For those of you who are not familiar with Montanas COOL law- here is a copy from the M.C.A..What it does is end the FRAUD of the Packer/retailer cutting off the origin markings on imported meat and passing it off as a US product....This law goes into effect October 1, 2006, unless the National M-COOL law does...[/b] 30-12-701. (Temporary--effective October 1, 2006) Short title. This part may be cited as the "Country of Origin Placarding Act". (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) History: En. Sec. 1, Ch. 279, L. 2005. 30-12-702. (Effective October 1, 2006) Definitions. As used in this part, the following definitions apply: (1) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17. (2) "Label" has the meaning provided in 50-31-103. (3) "Labeling" has the meaning provided in 50-31-103. (4) "Package" has the meaning provided in 50-31-103. (5) "Person" means an individual, partnership, corporation, company, society, or association. (6) "Placard" has the meaning provided in 50-31-103. (Subsections (1), (3), (5), and (6) void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) 30-12-703. Labeling permitted. All producers, growers, and shippers of beef, pork, poultry, or lamb in this state are permitted to label each individual portion, piece, or package of beef, pork, poultry, or lamb in a conspicuous place as legibly, indelibly, and permanently as the nature of the commodity will permit, in a manner that indicates to an ultimate purchaser that the product was produced in Montana. 30-12-704. (Temporary--effective October 1, 2006) When placarding required -- removal of label prohibited -- exception. (1) Muscle cuts and ground beef, pork, poultry, or lamb, including any package that contains any blending of foreign and domestic product,[b] that is produced in any country other than the United States and offered for retail sale in Montana must be labeled with a placard in a manner that indicates to an ultimate purchaser the country of origin.[/b] (2) If one of the products enumerated in subsection (1) is [b]unlabeled and the retail vendor is unable to determine its country of origin, the product must be labeled with a placard as "country of origin unknown".[/b] (3) All retail vendors engaged in the business of selling [b]products that are labeled or identified as to country of origin are prohibited from willfully or knowingly removing the labels or identifying marks.[/b] (4) A placard is not required for prepared foods for immediate sale or ready to eat. (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) 30-12-705. (Temporary--effective October 1, 2006) Penalties. (1) A person engaged in the business of retail vending of muscle cuts and ground beef, pork, poultry, or lamb who knowingly or purposely offers those products for sale without ensuring that the products are clearly labeled as to the country of origin, as provided in 30-12-704, is subject to the following penalties: (a) for a first offense, a vendor shall be fined an amount not to exceed $100; (b) for a second offense, a vendor shall be fined an amount not to exceed $250; and (c) for a third or subsequent offense, a vendor shall be fined an amount not to exceed $500. (2) A person engaged in the business of retail vending of beef, pork, poultry, or lamb [b]who [i]knowingly[/i] removes any labels or identifying marks from beef, pork, poultry, or lamb that is labeled as to the country of origin is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.[/b] (3) As used in this section, "knowingly" and "purposely" have the meanings provided in 45-2-101. (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) 30-12-706. (Temporary--effective October 1, 2006) Department authorized to adopt rules. (1) The department may develop, adopt, and administer rules for the efficient enforcement of this part. The rules adopted by the department may include but are not limited to: (a) statements that delineate the difference between imported and unimported raw agricultural commodities for the purpose of this part; (b) the preferred labeling or placarding method for each commodity type identified in this part; and (c) other rules that the department considers necessary to enforce this part. (2) The rules adopted to implement this part may not unduly restrict a person from conducting business. (Void on occurrence of contingency--sec. 8, Ch. 279, L. 2005--see part compiler's comment.) [b][/b] [/QUOTE]
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