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 PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On March 28, 2015, 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. March 20, 2015, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, Department of Livestock, 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: firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, 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
Nnonvaccinated sexually intact 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) :
(a) U.S. state or territory that has been brucellosis class free for ten years or more; or
(b) brucellosis free state, area, province, or territory as designated by the Board of Livestock.
(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.
(3) through (13) remain the same but are renumbered (4) through (14).
AUTH: 81-2-102, 81-2-103, 81-2-707, MCA
IMP: 81-2-102, 81-2-703, 81-2-704, MCA
REASON: In light of the recent changes to mandatory brucellosis vaccination for cattle imported into Montana, the department proposes to amend the above-stated rule to address feedback from the cattle industry that further clarifies the testing requirements for cattle entering Montana.
4. Concerned persons may submit their data, views, or arguments in writing concerning the proposed action to Christian Mackay, Department of Livestock, 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 MDOLcomments@mt.gov to be received no later than 5:00 p.m., March 26, 2015.
5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. March 26, 2015.
6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; 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 approximately 700 veterinarians, and approximately 1,500 producers.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. 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 for which program the person wishes to receive notices. 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 the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
8. 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.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
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 February 17, 2015.