HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Montana Administrative Register Notice 32-6-185 No. 3   02/08/2007    
    Page No.: 204 -- 205
Prev Next

BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM             )

32.3.104, 32.3.201, 32.3.212, and the               ) NOTICE OF AMENDMENT

adoption of NEW RULES I through VI                ) AND ADOPTION

pertaining to disease control                               )

 

TO: All Concerned Persons

 

1. On November 9, 2006 the Department of Livestock published MAR Notice No. 32-6-185 pertaining to the proposed amendment and adoption of the above-stated rules at page 2775 of the 2006 Montana Administrative Register, Issue Number 21.

 

2. The Department of Livestock has amended ARM 32.3.201 and 32.3.212 and adopted NEW Rules I (32.3.501), II (32.3.502), III (32.3.503), IV (32.3.504), V (32.3.505), and VI (32.3.506) exactly as proposed.

 

3. The Department of Livestock has amended ARM 32.3.104 as proposed, but with the following changes. Stricken matter interlined, new matter underlined.

 

32.3.104 SUBJECT DISEASES OR CONDITIONS (1) through (4)(h) remain as proposed.

(i) Equine viral arteritis (EVA) (quarantine);

(j) through (11) remain as proposed.

 

4. The department noted that the word quarantine was inadvertently left out on (4)(i). Therefore the word quarantine was inserted in its proper position in the rule.

 

5. The department has thoroughly considered all comments received. Those comments, and the department’s responses are as follows:

 

COMMENT NO. 1 – One comment was received regarding the definition of an approved laboratory and the process/criteria for laboratory approval. The comment noted some licensed veterinarians perform trichomoniasis testing in-house and have concerns regarding the viability of the organism in transit to an approved laboratory.

 

RESPONSE – The department recognizes licensed veterinarians perform trichomoniasis testing in-house for a variety of reasons and the intention is not to preclude veterinarians from performing in-house testing. The definition of ‘official trichomoniasis test’ allows testing to be conducted at a laboratory approved by the state veterinarian, which may include an in-house veterinarian lab.

 

COMMENT NO. 2 – One comment was received with questions regarding other states and if results from approved laboratories would be accepted by other states.

 

RESPONSE – The department recognizes several states have trichomoniasis testing requirements for the importation of nonvirgin bulls. The animal health officials in these states will make the final determination regarding their importation requirements and what they consider to be appropriate testing procedures, including criteria for approved laboratories.

 

COMMENT NO. 3 – One comment was received with concerns regarding liability as an approved laboratory, in the event of civil or criminal litigation.

 

RESPONSE – The department is proposing rules which define ‘official trichomoniasis testing’ in approved labs to set standards for licensees. The department cannot offer complete indemnification to those performing trichomoniasis testing, but the state of Montana will evaluate compliance with all department statutes and rules on these procedures as evidence of proper safeguards and procedures.

 

COMMENT NO. 4 – One comment was received regarding In-Pouch testing protocol. Specifically, what is the approved time-frame and frequency for microscopic examinations of the test samples.

 

RESPONSE – The department recognizes the protocol as currently established by In-Pouch™ TF product label specifications and recommendation from the manufacturer, Biomed Diagnostics of White City, Oregon. At a minimum, the pouches must be examined a minimum of three times. The initial examination must be conducted no later than 48 hours after the collection of the sample. The subsequent examinations must be conducted no sooner than 24 hours after the previous examination and must be completed within seven days of sample collection.

 

 

 

 

/s/ George H. Harris                                                           /s/ Carol Grell Morris

George H. Harris                                                                Carol Grell Morris

Designated Signer                                                             Rule Reviewer

Board of Livestock

Department of Livestock

 

Certified to the Secretary of State January 29, 2007.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security