Montana Attorney General Opinion 15-389

Opinion No. 389 Butchers-Meat Peddlers--Licenses. HELD: A merchant who sells meat purchased from packing houses or frcm another mea t market, and who does not actually slaughter or cause to be slaughtered. meat cattle is nei· ther a hutcher nor a meat peddler. A merchant who buys and slaughters hi, own catfle to supply beef to sell at his store must obtain butcher's li· cense if he sells the equivalent of more than 25 carcasses, beef and/or veaL in anyone year. November 15, 1933 You have submitted the following fllcts and ask my opin;ion thereon. "'l'here a~'e two particular instances we have in mind. The first is a mer· chant who sells groceries Ilnd all sort of food stuffs. He also sells beef but I do not know that he butchers any heef. All he sells are mea ts tha t he either purchased through a packing house or through another meat market, and I am wondering if this person should come within this license law. The second instance is a similar sit· uation. The merchant conducts some· what of a general store, selling every- thing including meats. This merchant, however, kills cattle and sells them through his store, but in his instance he butchers usually his own cattle. He has a large amount of cattle and while he is trading in his own stock, that is with his own cattle, killing and sell· ing, he claims that he is not buying cattle for butchering; that when he buys cattle they are bought and placed on his ranch and whenever he needs beef for his store he generally goes to his ranch and picks out the beef. I doubt if he sells more than 25 bee"es in a year; eithel' beeves or ,·eals." Rela th'c to the fh'st question it is my opinion that the merchant de· serihed therein is neither a butcher nor a meat peddler within the meaning of Section 1, Chapter 172, Laws of 1931. In order to be classed as either a butcher or meat peddler as defined in said section it is necessary that such person slaughter, or cause to be slaugh- tued, meat cattle. In addition to this requirement a meat peddler is one who does not maintain either a li- censed slaughter house or a market. Answering the second question, it is my opinion that the merchant de- scribed therein should be classed as a Lutcher as he. comes within the defini· tion of said section 1, unless he comes within the exemption of the second paragraph of section 2. Whether he comes within this section is a question of fact. See Opinion No. 11. this vol- ume.