Montana Administrative Register Notice 32-11-220 No. 12   06/23/2011    
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In the matter of the amendment of ARM 32.3.1505 pertaining to blood testing with salmonella antigens










            1. On July 25, 2011, the Department of Livestock proposes to amend the above-stated rule.


            2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on July 20, 2011 to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.


            3. The rule as proposed to be amended provides as follows, stricken matter interlined, new matter underlined:


            32.3.1505 BLOOD TESTING WITH SALMONELLA ANTIGENS (1) through (6) remain the same.

            (7) The Montana Department of Livestock, Animal Health Division may designate authorized testing agents who have demonstrated the ability to perform the duties of pullorum-typhoid testing to the satisfaction of the department.

            (a) No dealer, broker, or poultry market operator may be designated.

            (b) The department may charge a fee for designation.

            (c) The department has the authority to revoke designations.


AUTH:            81-20-101, MCA

IMP:                81-20-101, MCA


Reason:  Pullorum Typhoid (PT) is a disease of poultry regulated by the National Poultry Improvement Plan (NPIP). PT testing is required for interstate movement of animals, for NPIP certification, and for participation in some poultry exhibitions. Scheduling testing for flocks can be difficult and expensive for producers due to the lack of veterinarians who deal with poultry. MDOL has received more than a dozen requests for the development of an authorized testing agent program that would train and certify lay persons to conduct the testing. Other states have similar programs that provide certification of trainers for a fee.

            4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to cmackay@mt.gov to be received no later than 5:00 p.m., July 25, 2011.


5.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Christian Mackay at the above address no later than 5:00 p.m., July 25, 2011.


            6. If the department receives requests for a public hearing on the proposed actions from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed actions; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.


            7. An electronic copy of this proposal notice is available through the department's web site at www.liv.mt.gov.


            8. The Montana Department of Livestock maintains a list of interested

persons who wish to receive notice of rulemaking actions proposed by this department. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies the area of interest that the person wishes to receive notices regarding. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; faxed to (406) 444-1929 "attention Christian Mackay"; or e-mailed to cmackay@mt.gov. Request forms may also be completed at any rules hearing held by the department.


9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


            10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.





BY:      /s/ Christian Mackay                        BY:      /s/ George H. Harris            

            Christian Mackay                                         George H. Harris

            Executive Officer                                         Rule Reviewer

            Board of Livestock

            Department of Livestock


            Certified to the Secretary of State June 13, 2011.


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