BEFORE THE DEPARTMENT OF LIVESTOCK
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 32.3.212 additional requirements for cattle
NOTICE OF AMENDMENT
TO: All Concerned Persons
1. On February 26, 2015, the Department of Livestock published MAR Notice No. 32-15-262 pertaining to the proposed amendment of the above-stated rule at page 213 of the 2015 Montana Administrative Register, Issue Number 4.
2. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
32.3.212 ADDITIONAL REQUIREMENTS FOR CATTLE (1) Female cattle over the age of four months imported into the state of Montana for any purpose other than immediate slaughter must be official vaccinates except as follows:
(a) cattle being transported or moved through Montana with no intent to unload in the state. In an emergency situation, they may be unloaded in compliance with quarantine rules promulgated by the Department of Livestock under 81-2-102, MCA;
(b) spayed cattle;
(c) nonvaccinated female cattle placed under a hold order for brucellosis vaccination or spaying within 30 days of arrival; or
(d) nonvaccinated cattle from a:
(i) state, area,
province, or territory that has been brucellosis class free for ten years or more; or
(ii) brucellosis free state, area,
province, or territory as designated by the Board of Livestock.
(2) U.S. origin nonvaccinated female cattle, 12 months of age and older, must have a negative brucellosis test no more than 30 days prior to arrival, unless originating from an area as defined in (1)(d).
(3) All non-U.S. origin sexually intact cattle 12 months of age and older must have a negative brucellosis test no more than 30 days prior to arrival.
(4) through (14) remain as proposed.
3. The department has thoroughly considered the comment received. A summary of the comment received and the department's response is as follows:
COMMENT 1: "Section (2) of 32.3.212 adds new language indicating that U.S. origin, nonvaccinated female cattle must have a negative brucellosis test 30 days prior to arrival, unless originating from an area as defined in (1)(d). New language in Section (3) dictates, (3) All non-U.S. origin sexually intact cattle 12 months of age and older must have a negative brucellosis test no more than 30 days prior to arrival. We want to clarify that language in (1)(d) does not conflict with the testing requirements in Section (3). We realize that section (3) makes no reference to the exemptions in (1)(d) however, because (1)(d) explicitly mentions 'province' and 'territory,' would it be possible for a conflict to occur?"
RESPONSE 1: Thank you for your comment. To clarify the language and meaning in (1)(d)(i) and (ii), we have stricken the word 'province' in each.
DEPARTMENT OF LIVESTOCK
BY: /s/ Christian Mackay BY: /s/ Cinda Young-Eichenfels
Christian Mackay Cinda Young-Eichenfels
Executive Officer Rule Reviewer
Board of Livestock
Department of Livestock
Certified to the Secretary of State April 20, 2015.