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 and 32.3.212A brucellosis vaccination of imported cattle under four months of age

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

1. On November 14, 2014, at 10:00 a.m., the Department of Livestock will hold a public hearing at the Headwaters Livestock Auction, 25 Wheatland Road, Three Forks, Montana, to consider the proposed amendment of the above-stated rules. 

 

2. On November 13, 2014, at 1:00 p.m., the Department of Livestock will hold a public hearing at the Public Auction Yards, 1802 Minnesota Avenue, Billings, Montana, to consider the proposed amendment of the above-stated rules. 

 

3. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process or 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 November 10, 2014, 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.

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

32.3.212  ADDITIONAL REQUIREMENTS FOR CATTLE (1)  No fFemale cattle over the age of four months may be imported into the state of Montana for any purpose other than immediate slaughter must be official vaccinates unless they are officially vaccinated, by an accredited veterinarian approved in his or her state to administer the vaccination, with a Brucella abortus vaccine approved by the Veterinary Biologics Division, U.S. Department of Agriculture except as follows:

(a) cattle being transported or moved through Montana with no intent to unload in the state are exempt from this section. 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 less than 11 months of age placed under a hold order for Bbrucellosis vaccination or spaying within 30 days of arrival; and or

(d) nonvaccinated cattle from those class free states or areas designated by the Board of Livestock. 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) Nonvaccinated Ssexually intact cattle, 12 months of age and older, originating outside the United States must have a negative brucellosis test no more than within 30 days of prior to arrival unless originating from a:

(a)  state, area, province, 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) through (9)(c) remain the same.

(d) virgin bull as defined in ARM 32.3.201(h);

(e) through (12) remain the same.

            (13) All male calves less than 30 days of age imported into the state of Montana without their dams must be:

            (a) and (b) remain the same.

            (14) All female calves less than 30 days of age imported into the state of Montana without their dams must be:

            (a) held in isolation for 30 days after entry;

            (b) cannot be resold until they are officially calfhood vaccinated after four months of age; and

            (c) individually identified by an official eartag at the state of origin.

      (15) All cattle imported into Montana must meet the interstate requirements as set forth in Title 9 CFR. 

 

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

IMP: 81-2-102, 81-2-703, 81-2-704,  MCA

 

REASON: Forty-six states have been classified as brucellosis class free for ten or more years; therefore, imported cattle from those states pose a negligible brucellosis risk to Montana. This proposed rule change addresses this negligible risk. Further, this proposed rule change eliminates many import quarantines that can be a burden on producers and create additional costs to the department.

Three importing states that have had brucellosis positive herds in the last ten years will continue to have testing and vaccination requirements due to the potential risk to the Montana livestock industry. 

 

            32.3.212A BRUCELLOSIS VACCINATION OF IMPORTED CATTLE UNDER FOUR MONTHS OF AGE (1)  Female cattle under the age of four months imported without their dams into the state of Montana for any purpose other than immediate slaughter shall be quarantined on arrival and must be vaccinated for brucellosis within six months of their entry, with no change of ownership allowed until animals are officially vaccinated, except for cattle from a:

            (a) state, area, province, 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.

(2)  If after six months following entry they have not been vaccinated the department shall vaccinate the cattle. In accordance with 81-2-109, MCA, the owner or agent is responsible for all necessary expenses.  The expenses are a lien on the animals and the department may retain and foreclose according to 81-2-109, MCA.

(3) (2) All cattle imported under this section shall rule must have official individual identification that is applied be eartagged prior to entry at the state of origin.

 

AUTH:  81-2-102, 81-2-707, MCA

IMP:  81-2-102, 81-2-704, MCA

 

REASON: Calves from the forty-six states that have been brucellosis free for ten or more years pose a negligible brucellosis risk to Montana's livestock industry. The proposed exception accounts for this minimal risk. The proposal to add language concerning "no change of ownership" would preserve the integrity of the quarantine. Because livestock owners are liable for expenses under 81-2-109, MCA, when a violation of law takes place, it is unnecessary to reference the statute in (2). The proposed changes to (3) would clarify ambiguous language related to animal identification. 

 

            5. Concerned persons may submit their data, views, or arguments either orally or in writing at one of the hearings. Written data, views, or arguments may also be submitted to: Christian Mackay, Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59610-2001; telephone: (406) 444-9321; fax: (406) 444-1929; or e-mail: MDOLcomments@mt.gov, and must be received no later than 5:00 p.m., November 19, 2014.

 

6. Marty Zaluski, DVM, Department of Livestock, has been designated to preside over and conduct this hearing.

 

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 5 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 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.

 

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 rules will not significantly and directly impact small businesses.

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                                    BY:      /s/ Robert Stutz

            Christian Mackay                                                     Robert Stutz

            Executive Officer                                                     Rule Reviewer

            Board of Livestock

            Department of Livestock

 

Certified to the Secretary of State September 8, 2014.