81-23-102. Policy.
541 words·~2 min read·
/mt/title-81/chapter-23/part-1/81-23-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
81-23-102 . Policy.
(1)The legislature declares that:
(a)milk is a necessary article of food for human consumption;
(b)the production and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare;
(c)the production, transportation, processing, storage, distribution, and sale of milk in the state of Montana is an industry affecting the public health and interest;
(d)health regulations alone are insufficient to prevent disturbances in the milk industry and to safeguard the consuming public from further inadequacy of a supply of this necessary commodity;
(e)it is the policy of this state to promote, foster, and encourage the intelligent production and orderly marketing of milk and products manufactured from milk and to make the distribution of milk and products manufactured from milk between the producer and consumer as direct as can be efficiently and economically done, and to stabilize the marketing of those commodities;
(f)due to the nature of milk and the conditions surrounding the production and marketing of milk and due to the vital importance of milk to the health and well-being of the citizens of this state, it is necessary to invoke the powers of the state to provide constant supervision and regulation of the milk industry of the state;
(g)milk is a perishable commodity that is easily contaminated with harmful bacteria, that cannot be stored for any great length of time, that must be produced and distributed fresh daily, and the supply of which cannot be regulated from day to day but, due to natural and seasonal conditions, must be produced on a constantly uniform and even basis;
(h)the demand for this perishable commodity fluctuates from day to day and from time to time making it necessary that the producers and distributors produce and carry on hand a surplus of milk to guarantee and ensure to the consuming public an adequate supply at all times;
(i)this surplus of milk, though necessary and unavoidable, unless regulated, tends to undermine the milk industry;
(j)due to the nature of milk and the conditions surrounding its production and marketing, unless the producers are guaranteed and ensured a reasonable profit on milk, the supply and quality of milk are affected to the detriment of and against the best interest of the citizens of this state;
(k)where no supervision and regulation are provided for the orderly and profitable marketing of milk, past experience has shown that the economic status of both producers and distributors of milk is adversely affected, thereby entailing loss and hardship on all within the community with whom these producers and distributors carry on business relations;
(l)due to the nature of milk and the conditions surrounding its production and distribution, the natural law of supply and demand has been found inadequate to protect the industry in this and other states and in the public interest it is necessary to provide state supervision and regulation of the milk industry in this state.
(2)The general purpose of this chapter is to protect and promote public welfare and to eliminate unfair and demoralizing trade practices in the milk industry. It is enacted in the powers of the state.