(1) "Livestock" means cattle, horses, mules, asses, sheep, llamas, alpacas, domestic bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in 87-4-406, MCA, and other animals for purposes of disease prevention, control and eradication.

(2) "Out-of-state livestock" means livestock not subject to the special levies funding the department of livestock because of not being domiciled in the state on tax assessment dates;

(3) "Laboratory" means the Montana Department of Livestock Veterinary Diagnostic Laboratory at Bozeman.

(4) "Specimen" means any portion, or all, of an animal, or any of its waste products or by-products submitted to the laboratory for test or other procedures.

(5) "Procedure" means any form of laboratory testing including, but not limited to, the disciplines of pathology, bacteriology, clinical pathology, virology, serology, and milk analysis.

(1) Information concerning procedures able to be performed and fees for laboratory services may be obtained by writing the laboratory at PO Box 997, Bozeman, MT, 59771-0997, or calling (406) 994-4885.

(2) Fees will be charged for procedures performed on livestock specimens which are requested in order to qualify the livestock for show, sale, shipment across state or international lines, artificial insemination purposes, or for procedures which are within the capability of the submitting veterinarian to perform in his/her own facilities.

(3) Fees will be charged for procedures performed on livestock specimens which are submitted because of known or suspected exposure to disease or to obtain laboratory data to aid in disease diagnosis of specific animals, except when those procedures are necessitated by an imminent concern for public health, as determined by the state veterinarian or the administrator of the laboratory, or their respective designees.

(4) Fees will be charged for procedures performed on non-animal materials when such are submitted to aid in disease diagnosis involving specific livestock, except when those procedures are necessitated by an imminent concern for public health, as determined by the state veterinarian or the administrator of the laboratory, or their respective designees.

(5) Fees will be charged for procedures performed on specimens from non-livestock animals except when those procedures are necessitated by an imminent concern for public health, as determined by the state veterinarian or the administrator of the laboratory, or their respective designee.

(6) Fees for procedures performed on specimens submitted from out of state may be higher than those for procedures performed on the same specimens coming from livestock or other animals within the state.

(7) Fees will not be charged for procedures performed on additional or supplemental specimens requested by the laboratory to confirm or verify procedure(s) results on a previously submitted specimen, or to establish baseline data for a procedure. However, fees will be charged for additional or supplemental specimens that are requested or required by the laboratory or state veterinarian to determine absence or presence of disease in a herd, or for other similar regulatory reasons.

(1) Specimens submitted for testing must be packaged and shipped in leak-

proof containers in such a manner as will insure their arrival at the laboratory in a testworthy condition, and must be accompanied by department approved forms describing the procedures needed. Upon request the laboratory will provide instructions for proper shipment. An accession charge will be imposed on specimens unsuitable for testing due to the negligence of the person submitting them.

(2) All specimens sent to the laboratory must have shipping costs or postage pre-paid. The laboratory will not accept "collect-on-delivery" shipments.

(1) All Montana deputy state veterinarians submitting specimens which require a fee will be billed once a month by the department. Payment is to be remitted to: Department of Livestock, 301 N. Roberts St., PO Box 202001, Helena, MT, 59620-2001 and will be past due if not mailed within 45 days after the bill is received. Past due accounts will be subject to a $2.00 late charge per month.

(2) All other persons submitting fee basis specimens must either send payment before or with the specimens, or, obtain prior approval from the laboratory to submit specimens without prepayment, in which case they may be billed as are deputy state veterinarians.

(3) Failure to pay bills within 90 days after they have been received may result in either suspension of laboratory use privileges for fee basis procedures, institution of any/all collection activities allowed by law, or both.

(1) From time to time, the laboratory may make other procedures available to veterinarians and others as it deems appropriate in light of its duties and responsibilities and those of the department. When it does so, it will also establish a temporary fee for such procedures based on costs and/or cost comparisons. Those temporary fees will become lawful and remain so until the next regular meeting of the board of livestock, at which time they must be reviewed and approved or adjusted by the board for inclusion among the fees listed in ARM 32.2.403.

(1) Sealing and forwarding official samples to the department of livestock diagnostic laboratory:

(a) All official samples of milk, milk-food products, meat or meat-food products, or any livestock feed, poisoned food or stomach contents where legal action may be taken, must be sealed at the time the sample is obtained with a Montana department of livestock, animal health division seal or other acceptable seal.

(b) The seal shall designate the name of the producer of the product or the owner of the material from which the sample was obtained together with the time and place of obtaining the same and the name of the inspector obtaining the sample.

(c) The seal may not be broken until the sample arrives at the Montana department of livestock diagnostic laboratory.

(1) When samples of milk, cream, or milk products, meat, meat-food products or other salable products are obtained in accordance with provisions contained in section 81-2-102 MCA, or department of livestock, animal health division rules, the agent obtaining such samples may pay for them at full market value when requested to do so by the owner of the product. A receipt must be obtained for such payments.

(1) All official representatives of the Montana department of health and environmental sciences or the Montana department of agriculture or the Montana board of milk control and all duly appointed health officers or milk or meat inspectors of the various municipalities and counties in the state of Montana are ex officio duly authorized representatives to obtain samples of any meat, meat-food product, milk, cream, or any dairy product for analysis by the department of livestock, animal health division, diagnostic laboratory.