The convenience store and a retail outlet in Billings were the first in Montana to have written violations posted on their doors by state officials. No fines were levied.
Ole's sold the Washington milk for about $1 less a gallon than milk produced in Montana.
But the Washington date exceeds Montana's regulations for selling Grade A milk more than 12 days after pasteurization.
“Our goal is ensuring Montanans get the highest-quality, freshest product available,” said Steve Merritt, a spokesman for the Montana Department of Livestock.
Merritt said state officials began looking at enforcement of an existing regulation last November after Montana milk producers raised questions about why it wasn't being enforced.
Small shops and convenience stores have been warned for several months by Montana inspectors of the “administrative reinterpretation” of the existing regulation, he said.
For store owners, the enforcement action means they've faced some irritated customers.
“They came in on Friday and took off about 50 gallons of milk from our shelves. They wrote on it ‘not for sale,' ” said Ole's owner Mark Ole Olson. “I had some angry customers. A lot of people are stopping because it is cheaper here than most places.”
Justin McKay, the owner of Gilly's Gas on Third Street in Missoula, said the issue has been confusing for retailers.
“It's the milk Gestapo. They came by here more than once,” he said. “I can't figure out why it is so much cheaper to get milk transported from Washington through a distributor and I can't get it at that price locally.”
McKay said he was told by distributors to black out the Washington “sell by” date. At other times, he said, Gilly's was allowed to sell the milk with the longer “sell by” Washington date.
Merritt said one gallon and half-gallon containers of Darigold Farms milk were primarily affected.
He said there was no particular reason why these two convenience stores received the first written notices from the two inspectors for his department.
“For any kind of enforcement, there are only so many inspectors and you have to start somewhere,” Merritt said. “There is just no way you can get to everybody at the same time.”
Merritt declined to comment on any free-market issues, citing pending litigation by the distributors, Core-Mark International and Inland Northwest Dairies of Spokane.
Officials from Core-Mark, Inland Northwest Dairies and Darigold were unavailable for comment.
“There has been some litigation,” Merritt said. “I believe they involve some sort of claim for an interstate commerce violation, but I don't have those documents in front of me.”
The manager of the Conoco Trading Post in Billings - the other Montana store cited - declined to comment.
Reporter Pamela J. Podger may be reached at 523-5241 or at pamela.podger@missoulian.com.
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