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Montana Administrative Register Notice 32-12-224 No. 7   04/12/2012    
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BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.201, 32.3.212, 32.3.212B, 32.3.214, 32.3.221, 32.3.225, and the adoption of NEW RULES I and II pertaining to definitions, additional requirements for cattle, importation of cattle from Mexico, special requirements for goats, tuberculosis and brucellosis test, importation of wild species of cloven hoofed ungulates, and llamas

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NOTICE OF PROPOSED AMENDMENT AND ADOPTION

 

NO PUBLIC HEARING CONTEMPLATED

 

            1.  On May 25, 2012, the Department of Livestock proposes to amend and adopt the above-stated rules.

 

            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, May 8, 2012 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 rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            32.3.201  DEFINITIONS  (1)  through (1)(f) remain the same.

            (g)  "Originate from" means animals have resided for 60 days or more in the state or zone from which they are being shipped into Montana.

            (g)  remains the same but is renumbered (h).

            (i) "Sporting bovine" means bucking bull, steer-wrestling steer, or roping bovine.

            (j)  "Tuberculosis test-eligible cattle" means all sexually intact cattle two months of age and older.

            (k)  "Tuberculosis test-eligible goat" means all sexually intact goats two months of age and older.

            (h) and (i) remain the same but are renumbered (l) and (m).

           

            AUTH:            81-2-102, 81-2-103, 81-20-101, MCA

            IMP:                81-2-102, 81-2-103, 81-20-101, MCA

           

            32.3.212  ADDITIONAL REQUIREMENTS FOR CATTLE  (1)  remains the same.

            (2)  Test-eligible cattle originating from a tuberculosis accredited free U.S. state or zone require a negative tuberculosis test performed by an accredited veterinarian within 60 days prior to importation if they:

            (a)  are M-branded; or

            (b)  are Mx-branded; or

            (c)  are originally from Mexico; or

            (d)  have been in contact or exposed to M-branded, Mx-branded, or other cattle originally from Mexico; or

            (e)  are dairy cattle, except:

            (i)  dairy cattle who originate directly from an accredited tuberculosis free herd; or

            (ii)  dairy cattle less than six months of age accompanied by a tuberculosis test-negative dam.

            (3)  Sporting bovines originating from a tuberculosis accredited free U.S. state or zone require a negative tuberculosis test performed by an accredited veterinarian within 60 days prior to importation if they:

            (a)  are six months of age and older; or

            (b)  have attended at least a single sporting event; or

            (c)  are being imported for a specific sporting event.

            (4)  Test-eligible cattle originating from a tuberculosis modified accredited advanced U.S. state or zone must meet one of the following:

            (a)  one negative tuberculosis test within 60 days prior to importation; or

            (b)  one negative tuberculosis test within six months and part of a whole herd test; or

            (c)  originate directly from an accredited tuberculosis free herd; or

            (d)  less than six months of age and accompanied by a tuberculosis test-negative dam.

            (5)  Test-eligible cattle originating from a tuberculosis modified accredited U.S. state or zone must meet one of the following requirements:

            (a)  two negative tuberculosis tests 60-120 days apart, with the second test occurring within 60 days prior to importation into Montana; or

            (b)  one negative tuberculosis test within 60 days prior to importation into Montana and part of a whole herd test within the last 12 months; or

            (c)  one negative tuberculosis test within 60 days prior to importation into Montana and originate directly from an accredited tuberculosis free herd.

            (6)  Cattle less than two months of age originating from a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

            (2)  (7)  All sexually intact male cattle entering Montana must meet the

Ttrichomoniasis testing and certification requirements set forth in ARM 32.3.502, except as provided below:

            (a)  and (b) remain the same.

            (c)  nonvaccinated cattle less than 11 months of age placed under quarantine for Brucellosis vaccination or spaying within 30 days of arrival; and those consigned directly to a feedlot approved by the state veterinarian and then directly to either a licensed slaughtering establishment or to a licensed livestock market and then directly to a licensed slaughtering establishment;

            (d)  through (g) remain the same.

            (3)  (8)  Any Ttrichomoniasis test-eligible cattle used for sporting or exhibition purposes that breaches a fence and commingles with other cattle shall be tested for Ttrichomoniasis.  The owner of the trespassing cattle shall bear all the testing costs for the requested test on that bovine. including confinement, feed, veterinary, and laboratory.

            (4)  (9)  Any Ttrichomoniasis test-eligible bull that remains in Montana for breeding purposes, change of ownership, or grazing must adhere to the conditions in ARM 32.3.502.

            (5) and (6) remain the same but are renumbered (10) and (11).

           

            AUTH:            81-2-102, 81-2-103, 81-2-107, MCA

            IMP:                81-2-102, 81-2-703, MCA

 

            32.3.212B  IMPORTATION OF CATTLE FROM MEXICO  (1)  Steers and spayed heifers from states in Mexico that have been determined by the state veterinarian to have fully implemented the control/preparatory phase (STAGE I) of the Mexican Tuberculosis eradication program may be imported into the state until March 1, 1997, providing they have been tested negative for Tuberculosis in accordance with the Norma Official Mexicana (NOM) within 60 days prior to entry into the United States. Steers and spayed heifers from states in Mexico that have not been determined to have implemented the control/preparatory phase (STAGE I) of the Mexican Tuberculosis eradication program may not be imported into the state.  Until March 1, 1997, these steers and spayed heifers must be retested 120-180 days after import into Montana.

            (2)  After March 1, 1997, steers and spayed heifers from states in Mexico that have been determined by the state veterinarian to have fully implemented the eradication phase (STAGE II) of the Mexican Tuberculosis eradication program may be imported into the state providing they have been tested negative for Tuberculosis in accordance with the Norma Official Mexicana (NOM) within 60 days prior to entry into the United States or originate from a herd that is equivalent to an accredited Tuberculosis free herd in the United States that are moved directly from a herd of origin across the border as a single group and not commingled with other cattle prior to arriving at the border.  Steers and spayed heifers from states in Mexico that have

not been determined to have implemented the eradication phase (STAGE II) of the Mexican Tuberculosis eradication program may not be imported into the state.

            (3)  Steers and spayed heifers that have been determined by the state veterinarian to have achieved accredited Tuberculosis free status may move directly into the state without testing or further restrictions provided they are moved as a single group and not commingled with other cattle prior to arriving at the border.

            (4)  Holstein and holstein crossbred steers and spayed heifers from Mexico are prohibited from entering the state regardless of test history. 

            (1)  All M-branded, Mx-branded, and other cattle or bison two months of age and older originating directly from Mexico (imported into the U.S. within 60 days) require two negative TB tests 60-120 days apart.  The first negative test can be the U.S. entry test.  The second negative TB test must be performed by a USDA-APHIS VS accredited veterinarian and must be within 60 days prior to importation into Montana.

 

            AUTH:            81-2-102, MCA

            IMP:                81-2-102, MCA

 

            32.3.214  SPECIAL REQUIREMENTS FOR GOATS  (1)  remains the same.

            (2)  Dairy and breeding goats may enter the state of Montana provided they originate in from a certified brucellosis free herd, for which the certified herd number and date of last herd test are shown on the permit, or health certificate; or they have been tested for brucellosis with negative results within 30 days of the date of shipment.

(3)  All dairy goats brought into the state, except those for slaughter only, must be tested for Tuberculosis before they may be brought into the state. All test-eligible dairy breeds of goats originating from a tuberculosis accredited free U.S. state or zone must have one negative tuberculosis test within 60 days prior to importation unless:

            (a)  All test results shall be recorded on or attached to all copies of the animal's health certificate. the animals are for exhibition purposes only and will return to the state of origin; or

(b)  they originate directly from an accredited tuberculosis free herd; or

(c)  they are less than six months of age and accompanied by a tuberculosis test-negative dam.

(4)  All test-eligible goats originating from a tuberculosis modified accredited advanced U.S. state or zone must have one negative tuberculosis test within 60 days prior to importation unless:

(a)  they originate directly from an accredited tuberculosis free herd; or

(b)  they are less than six months of age and accompanied by a tuberculosis test-negative dam.

(5)  All test-eligible goats originating from a tuberculosis modified accredited U.S. state or zone must meet one of the following requirements:

(a)  two negative tuberculosis tests 60-120 days apart, with the second test occurring within 60 days prior to importation into Montana; or

(b)  one negative tuberculosis test within 60 days prior to importation into Montana and part of a whole herd test within the past 12 months; or

(c)  one negative tuberculosis test within 60 days prior to importation into Montana and must originate directly from an accredited tuberculosis free herd.

(6)  Goats less than two months of age originating from, and residing for 60 days or more, in a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

            (7)  All test results and dates, including herd accreditation numbers, shall be recorded on or attached to all copies of the animal's health certificate.

 

AUTH:            81-2-102, 81-20-101, 81-2-103, 81-2-707, MCA

IMP:                81-2-102, 81-20-101, 81-2-103, 81-2-701, MCA

 

32.3.221  TUBERCULOSIS AND BRUCELLOSIS TEST, IMPORTATION OF WILD SPECIES OF CLOVEN HOOFED UNGULATES SPECIAL REQUIREMENTS FOR ALTERNATIVE LIVESTOCK AS DEFINED IN 87-4-406, MCA  (1)  All wild species of cloven hoofed ungulates alternative livestock six months of age and older imported into brought into the state Montana must be either tested -negative for Tuberculosis and Bbrucellosis and found to be negative within 30 days prior to importation or originate from a brucellosis certified free herd.

            (a)  The Tuberculosis test must be:

            (i)  of a type approved for use by the department;

            (ii)  performed not more than 90 days on cervidae or 60 days on bovidae prior to entry into the state; and

            (iii)  conducted by a federally accredited veterinarian.  The test must be a type approved for that species by the state veterinarian.

            (b)  (a)  The Bbrucellosis test must be a type approved by the state veterinarian, and is valid for 30 days.

            (2)  Non-cervid alternative livestock originating from a tuberculosis accredited free or modified accredited advanced U.S. state or zone require a negative tuberculosis test on all animals two months of age and older within 60 days prior to importation.

(3)  All cervids six months of age and older originating from a tuberculosis accredited free or tuberculosis modified accredited advanced U.S. state or zone and all alternative livestock two months of age and older originating from a tuberculosis modified accredited U.S. state or zone require one of the following:

            (a)  one negative single cervical test  on all sexually intact animals within 90 days prior to importation and part of a whole herd test within the last 12 months; or

(b)  two negative single cervical tests on all sexually intact animals 90-120 days apart, with the second test occurring within 90 days prior to importation; or

            (c)  one negative single cervical test on all sexually intact animals within 90 days prior to importation and must originate directly from an accredited tuberculosis free herd.

            (4)  Animals less than two months of age originating from a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

            (2) (5)  All test results, including herd accreditation numbers and dates of herd tests if applicable, shall be recorded on or attached to all copies of the animal's health certificate.

 

            AUTH:            81-2-102, 81-2-103, MCA

            IMP:                81-2-102, 81-2-103, MCA

 

            32.3.225  LLAMAS CAMELIDS  (1)  Llamas Camelids may enter the state of Montana provided they enter in conformity with ARM 32.3.201 through 32.3.211. and in addition are:

            (a) (2)  with regard to Brucellosis, Camelids must be officially tested negative to Bbrucellosis within 30 days of entry into the state.

            (b) (3)  Sexually intact camelids two months of age and older originating from a tuberculosis accredited free or tuberculosis modified accredited advanced U.S. state or zone require a negative axillary test with regard to Tuberculosis, officially tested negative for Tuberculosis within 60 days prior to importation. of entry into the state using the axillary or other test approved for camildae.

(4)  Sexually intact camelids two months of age and older originating from a tuberculosis modified accredited U.S. state or zone require one of the following:

(a)  two negative axillary tests on all animals 60-120 days apart, with the second test occurring within 60 days prior to importation; or

(b)  one negative single cervical test on all animals within 60 days prior to importation and part of a whole herd test within the previous 12 months; or

(c)  one negative single cervical test on all animals within 60 days prior to importation and originate directly from an accredited tuberculosis free herd.

(5)  Animals less than two months of age originating from a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

(6)  All test results and dates, including herd accreditation numbers, shall be recorded on or attached to all copies of the animal's health certificate.

 

            AUTH:            81-2-102, 81-2-103, MCA

            IMP:                81-2-102, 81-2-103, MCA

 

            4.  The proposed new rules provide as follows:

 

            NEW RULE I  ELEPHANTS  (1)  Elephants may enter the state of Montana provided they enter in conformity with ARM 32.3.201 through 32.3.211.

            (2)  All elephants require an Elephant TB STAT-PAK Assay within 12 months prior to importation into Montana.  If the results of the test are positive, a negative Multi-Antigen Print Immuno-Assay (MAPIA) or a Dual Path Platform VetTB Assay is also required.

            (3)  Elephants with no known exposure to TB culture-positive animals in the previous five years require three negative trunk washes and culture with 12 months prior to importation.

            (4)  Elephants exposed to TB culture-positive animals in the previous five years require three negative daily trunk washes and culture within 90 days prior to importation into Montana.

            (5)  All test results and dates shall be recorded on or attached to all copies of the animal's health certificate.

 

            AUTH:            81-2-102, 81-2-103, MCA

            IMP:                81-2-102, 81-2-103, MCA

 

            NEW RULE II  NONHUMAN PRIMATES  (1)  Nonhuman primates may enter the state of Montana provided they enter in conformity with ARM 32.3.201 through 32.3.211.

            (2)  All nonhuman primates require a negative intradermal tuberculosis test within 30 days prior to importation into Montana.

            (3)  All test results and dates shall be recorded on or attached to all copies of the animal's health certificate.

 

            AUTH:            81-2-102, 81-2-103, MCA

            IMP:                81-2-102, 81-2-103, MCA

 

Reason:  Currently, most of Montana's TB import requirements are in an official order that was initially implemented in 2005, and updated in 2008 and 2010.  The 62nd Legislature (2011) limited the duration of any official order to five years (81-2-102 (2)(b), MCA), and therefore, MDOL proposes to amend and adopt into rule the existing TB official order.  MDOL will also be either rescinding or adoptiing into rule all other orders that are longstanding.  This will include orders on CWD, ruminant protein feeding, importation of Canadian animals, and others as applicable.

 

            5.  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 MDOLcomments@mt.gov to be received no later than 5:00 p.m., May 15, 2012.

 

            6.  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. May 15, 2012.

 

            7.  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 population of the state.

 

            8.  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 5 above or may be made by completing a request form 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 the 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 apply and have been fulfilled.  The bill sponsor, Gordon Vance, was notified March 29, 2012 by e-mail.

 

 

DEPARTMENT OF LIVESTOCK

 

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 April 2, 2012.

 

 

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