reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-511. Penalties

81-2-511. Penalties.
Any person who shall violate any of the provisions of or who fails to perform any duty imposed by this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50 or more than $250 or by imprisonment for a term of not more than 6 months or by both such fine and imprisonment. In addition thereto, such person may be enjoined from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation.
History: En. Sec. 11, Ch. 63, L. 1953; R.C.M. 1947, 46-2611.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 6. Tuberculin Regulation › 81-2-601. Tuberculin -- permission for sale or distribution of

81-2-601. Tuberculin -- permission for sale or distribution of.
A person, firm, or corporation desiring to sell or distribute tuberculin for animal use in this state must first secure permission from the department.
History: En. Sec. 1, Ch. 118, L. 1917; re-en. Sec. 3296, R.C.M. 1921; re-en. Sec. 3296, R.C.M. 1935; amd. Sec. 84, Ch. 310, L. 1974; R.C.M. 1947, 46-301.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 6. Tuberculin Regulation › 81-2-602. Report of sales or distribution

81-2-602. Report of sales or distribution.
A person, firm, or corporation that has secured permission from the department to sell or distribute tuberculin for animal use in this state shall, on the same day it sells, furnishes, or supplies tuberculin, report in writing to the department the name and address of the person and a statement of the amount of tuberculin supplied to the person.
History: En. Sec. 2, Ch. 118, L. 1917; re-en. Sec. 3297, R.C.M. 1921; re-en. Sec. 3297, R.C.M. 1935; amd. Sec. 85, Ch. 310, L. 1974; R.C.M. 1947, 46-302; amd. Sec. 2636, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 6. Tuberculin Regulation › 81-2-603. Violation -- penalty

81-2-603. Violation -- penalty.
Any person, firm, or corporation violating any of the provisions of this part shall be guilty of a misdemeanor and punished by a fine of not less than $25 and not more than $500 or by imprisonment for not less than 30 days and not more than 90 days or both fine and imprisonment.
History: En. Sec. 3, Ch. 118, L. 1917; re-en. Sec. 3298, R.C.M. 1921; re-en. Sec. 3298, R.C.M. 1935; R.C.M. 1947, 46-303.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-701. Short title

81-2-701. Short title.
This part may be cited as the "Animal Importation Permit and Health Certificate Act of 1981".
History: En. Sec. 1, Ch. 65, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-702. Definitions

81-2-702. Definitions.
As used in this part, the following definitions apply:
(1) "Animals" means livestock, dogs, cats, rabbits, rodents, game animals, fur-bearing and wild animals, and poultry and other birds.
(2) "Biologics" means medicinal preparations made from living organisms and their products. The term includes but is not limited to serums, vaccines, antigens, and antitoxins.
(3) "Department" means the department of livestock.
(4) "Health certificate" means a legible record written on an official health certificate form of the state of origin or on an equivalent form of the U.S. department of agriculture attesting that the animals, animal semen, or animal biologics described on the certificate have been visually inspected by a federally accredited veterinarian and found to meet the entry requirements of the state of Montana.
(5) "Livestock" means cattle, horses, mules, asses, sheep, llamas, alpacas, bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in 87-4-406, and other animals for purposes of disease prevention, control, and eradication.
(6) "Permit" means an official document issued by the department after proper application that allows the movement of animals, animal semen, or animal biologics into Montana.
(7) "Poultry" means domesticated birds, including but not limited to chickens, turkeys, ducks, geese, guinea fowl, pigeons, and pheasants.
History: En. Sec. 2, Ch. 65, L. 1981; amd. Sec. 1, Ch. 166, L. 1989; amd. Sec. 6, Ch. 531, L. 1991; amd. Sec. 3, Ch. 417, L. 1993; amd. Sec. 8, Ch. 206, L. 1995; amd. Sec. 4, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-703. Documents required for importation -- exemptions

81-2-703. Documents required for importation -- exemptions.
(1) Animals, animal semen, and animal biologics may not be brought into the state if significant danger to public or animal health will result upon entry into the state. Livestock infected with or exposed to brucellosis, tuberculosis, or any other infectious, contagious, or communicable disease may not enter the state unless destined directly for slaughter at a slaughterhouse under the supervision of the United States department of agriculture.
(2) Except as provided in subsection (6), an animal or animal semen may not be brought into the state without a health certificate or other documentation of animal movement approved by the department.
(3) Prior to entry into the state, the department may also require a permit for animals, animal semen, or animal biologics.
(4) The department may waive the requirement for a health certificate, permit, or documentation of animal movement as provided in subsection (7).
(5) All required documents must be attached to the waybill or be in possession of the driver of the transporting vehicle or of the person in charge of the animals. When a single permit or health certificate is issued for animals being moved in more than one vehicle, the driver of each vehicle must have in the driver's possession a copy of the permit and, when applicable, a health certificate.
(6) Animals, animal semen, or animal biologics being moved through the state with no intent to unload or deliver in the state are exempted from this part. In an emergency situation, transitory cargo may be unloaded in compliance with the quarantine rules promulgated by the department.
(7) A waiver of the requirement for a health certificate, permit, or documentation of animal movement must be based upon evidence that there will be no significant danger to the public or animal health if the exemption is granted.
History: En. Sec. 3, Ch. 65, L. 1981; amd. Sec. 1, Ch. 44, L. 1983; amd. Sec. 2637, Ch. 56, L. 2009; amd. Sec. 1, Ch. 125, L. 2019.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-704. Quarantine for illegal entry -- liability for expenses

81-2-704. Quarantine for illegal entry -- liability for expenses.
(1) Animals, animal semen, or animal biologics which enter the state of Montana without the required importation papers or in violation of any rules of the department shall be held in quarantine at the risk of the owner.
(2) The quarantine may be released only after the department has been satisfied, by appropriate means, that the animals, animal semen, or animal biologics under quarantine meet the requirements of law and the rules of the department.
(3) The owner of animals, animal semen, or animal biologics quarantined under this part is liable for all department expenses resulting from that quarantine except the expense of the salary of the supervising officer representing the department. Expenses include, but are not limited to, the expense of inspecting, testing, supervision of quarantine, supervision of dipping, supervision of disinfection, supervision of treatment, and laboratory testing.
History: En. Sec. 4, Ch. 65, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-705. Lien resulting from quarantine -- foreclosure of lien

81-2-705. Lien resulting from quarantine -- foreclosure of lien.
(1) In accordance with the provisions of 81-2-109, the expenses of quarantine detailed in 81-2-704 are a lien on the animals, semen, or biologics and the department may retain possession of them until the charges and expenses are paid. The lien is dependent on possession and may be foreclosed in the name of the agent of the department by sale at public auction of the animals, semen, or biologics or as much of them as may be necessary to pay the expenses.
(2) Posting notice for 10 days at three public places in the county is required prior to auction. The lien may also be foreclosed by filing an action against the owner of the property to recover the amount of charges and expenses in a court of competent jurisdiction.
History: En. Sec. 5, Ch. 65, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-706. Consignment requirements

81-2-706. Consignment requirements.
(1) All animals, animal semen, or animal biologics brought into Montana, other than transitory cargo, must be consigned to or in the care of a person, entity, or authorized agent of either located in Montana.
(2) The person, entity, or authorized agent must notify the department of its intent to receive any animals, animal semen, or animal biologics and is responsible for acquiring all required permits and ensuring that they are accompanied by all required health certificates.
(3) No person consigning, transporting, or receiving animals, animal semen, or animal biologics into Montana may authorize, order, or carry out any diversion of them or any portion thereof to a destination or consignee other than as set forth on the permit or health certificate without first obtaining written permission from the department.
History: En. Sec. 6, Ch. 65, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-707. Department rulemaking power

81-2-707. Department rulemaking power.
The department may promulgate, administer, and enforce rules necessary to implement this part.
History: En. Sec. 7, Ch. 65, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 7. Importation Permits and Health Certificates › 81-2-708. Penalty

81-2-708. Penalty.
(1) Except as provided in subsection (2), a person convicted of violating this part shall be fined not more than $500, be imprisoned in the county jail for a term not to exceed 6 months, or both.
(2) A person convicted of violating this part by importing livestock into the state without a required health certificate, permit, or other documentation authorized by department rule shall be fined not less than $500 per animal or $5,000, whichever is greater.
History: En. Sec. 8, Ch. 65, L. 1981; amd. Sec. 1, Ch. 194, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 8. Vaccination (Repealed) › 81-2-801. Repealed

81-2-801. Repealed.
Sec. 1, Ch. 153, L. 1999.
History: En. Sec. 1, Ch. 111, L. 1981; amd. Sec. 1, Ch. 54, L. 1997.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-101. Recorder of marks and brands

81-3-101. Recorder of marks and brands.
The department of livestock is the general recorder of marks and brands.
History: En. Sec. 2940, Pol. C. 1895; re-en. Sec. 1790, Rev. C. 1907; re-en. Sec. 3299, R.C.M. 1921; re-en. Sec. 3299, R.C.M. 1935; amd. Sec. 89, Ch. 310, L. 1974; R.C.M. 1947, 46-601.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-102. Recording of brands required -- alternative livestock to be marked -- limit

81-3-102. Recording of brands required -- alternative livestock to be marked -- limit.
(1) It is unlawful for a person to artificially brand, mark, or cause to be artificially branded or marked any domestic animal or livestock running at large on the public domain or open range or that may run or stray at large on the public domain or open range, unless the artificial brand or mark has been recorded or rerecorded with the department in the name of the person within the period of 10 years immediately preceding the branding or marking.
(2) Alternative livestock, as defined in 87-4-406, must be identified by use of a recorded whole herd mark or brand in compliance with the requirements of Title 87, chapter 4, and this chapter.
(3) No more than five brands may be recorded or rerecorded by one person.
History: En. Sec. 1, Ch. 144, L. 1921; re-en. Sec. 3301, R.C.M. 1921; re-en. Sec. 3301, R.C.M. 1935; amd. Sec. 90, Ch. 310, L. 1974; R.C.M. 1947, 46-603; amd. Sec. 2, Ch. 6, L. 1991; amd. Sec. 1, Ch. 30, L. 1993; amd. Sec. 5, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-103. Application for recording -- record of brands

81-3-103. Application for recording -- record of brands.
(1) A person desiring to have recorded an artificial mark or brand for use in distinguishing or identifying the ownership of any domestic animal or livestock shall make application for the mark or brand to the department. The application must be in writing and must contain the name, residence, and post-office address of the applicant and the species of the animals on which the mark or brand is to be used. An applicant may apply for a seasonal mark or brand that is designated for use only for a specific period of time and that is subject to renewal upon termination of that period.
(2) The department shall designate for the applicant's use some practical form of mark or brand distinguishable with reasonable certainty from all other marks and brands recorded or rerecorded, within the period of 10 years immediately preceding the time of filing the application, in the name of some person other than the applicant. The department shall designate the position on the animals where the mark or brand must be placed and the species of animals on which the mark or brand may be used.
(3) The board may review applications that contain characters or images within a proposed mark or brand that is not currently recorded with the department.
(4) The department shall record each particular mark or brand, the position on the animals where the mark or brand is to be used, the species of animals on which the mark or brand is to be used, and the date of recording. The record is a public record and is prima facie evidence of the facts recorded in it.
History: En. Sec. 2, Ch. 144, L. 1921; re-en. Sec. 3302, R.C.M. 1921; re-en. Sec. 3302, R.C.M. 1935; amd. Sec. 91, Ch. 310, L. 1974; R.C.M. 1947, 46-604; amd. Sec. 2, Ch. 166, L. 1989; amd. Sec. 3, Ch. 6, L. 1991; amd. Sec. 1, Ch. 217, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-104. Designation of years for rerecording brands

81-3-104. Designation of years for rerecording brands.
Each 10th year after 1921 is the year for rerecording artificial marks and brands used to distinguish and identify the ownership of domestic animals and livestock. Subject to the provisions of 81-3-102(3), the department shall, on the application of a person or the transferee of the person made in a year that is a year for rerecording marks and brands, rerecord a mark or brand that at the time of the application is recorded with the department in the name of the person. A mark or brand that was not originally recorded or rerecorded in the name of the person during the rerecording year last preceding the date when the application is filed or that was not originally recorded in the name of the person or the person's predecessor or predecessors in interest between the time of the application and the rerecording year last preceding the application is not of record in the department.
History: En. Sec. 3, Ch. 144, L. 1921; re-en. Sec. 3303, R.C.M. 1921; re-en. Sec. 3303, R.C.M. 1935; amd. Sec. 92, Ch. 310, L. 1974; amd. Sec. 27, Ch. 12, L. 1977; R.C.M. 1947, 46-605; amd. Sec. 4, Ch. 6, L. 1991; amd. Sec. 2, Ch. 30, L. 1993; amd. Sec. 1, Ch. 14, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-105. Right of owner of recorded brand

81-3-105. Right of owner of recorded brand.
A person in whose name a mark or brand is recorded is entitled to the exclusive use of the mark or brand on the species of animal and in the position designated in the record. A copy of the record certified by the department is prima facie evidence of this right, and the certificate is also prima facie evidence that the person entitled to use the mark or brand is the owner of all animals on which it appears in the position and on the species of animal stated in the certificate.
History: En. Sec. 4, Ch. 144, L. 1921; re-en. Sec. 3304, R.C.M. 1921; re-en. Sec. 3304, R.C.M. 1935; amd. Sec. 93, Ch. 310, L. 1974; R.C.M. 1947, 46-606; amd. Sec. 5, Ch. 6, L. 1991.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-106. Publication of notice of rerecording brands

81-3-106. Publication of notice of rerecording brands.
Between January 1 and June 30 in each rerecording year, the department shall publish, in at least one issue of at least one newspaper of general circulation in each county of this state in which a newspaper is published, a notice to the effect that the year is a year for rerecording marks and brands and that no mark or brand continues of record unless rerecorded. The department shall also mail to each person in whose name a mark or brand stands of record a similar notice addressed to the person at the person's post-office address as shown by the records in the department.
History: En. Sec. 5, Ch. 144, L. 1921; re-en. Sec. 3305, R.C.M. 1921; re-en. Sec. 3305, R.C.M. 1935; amd. Sec. 94, Ch. 310, L. 1974; R.C.M. 1947, 46-607; amd. Sec. 6, Ch. 6, L. 1991; amd. Sec. 2638, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-107. Fees for department -- deposit requirements

81-3-107. Fees for department -- deposit requirements.
(1) The department shall establish, charge, and collect a fee for recording a new mark or brand, for recording a mark or brand transfer, or for rerecording a mark or brand. The department shall establish and charge a fee for providing a certified copy of a record and a duplicate certificate. The department may upon request research mark or brand histories and may charge a fee of up to $50 for each mark or brand, based on time involved in research. All fees collected must be paid into the state special revenue fund for the use of the department. However, not more than 10% of the net rerecording fees after all expenses of rerecording are paid may be expended in any 1 year except in case of an emergency declared by the governor or the board.
(2) Money collected as fees under subsection (1) is subject to the deposit requirements of 17-6-105(6) unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105(8).
History: En. Sec. 7, Ch. 144, L. 1921; re-en. Sec. 3307, R.C.M. 1921; amd. Sec. 1, Ch. 14, L. 1929; re-en. Sec. 3307, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1949; amd. Sec. 1, Ch. 65, L. 1959; amd. Sec. 90, Ch. 147, L. 1963; amd. Sec. 1, Ch. 13, L. 1969; amd. Sec. 95, Ch. 310, L. 1974; amd. Sec. 1, Ch. 10, L. 1977; R.C.M. 1947, 46-609; amd. Sec. 1, Ch. 34, L. 1983; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 7, Ch. 444, L. 1983; amd. Sec. 2, Ch. 14, L. 1995; amd. Sec. 4, Ch. 420, L. 2007.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 1. Recording of Marks and Brands › 81-3-108. Penalty

81-3-108. Penalty.
A person violating any provision of this part is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
History: En. Sec. 6, Ch. 144, L. 1921; re-en. Sec. 3306, R.C.M. 1921; re-en. Sec. 3306, R.C.M. 1935; R.C.M. 1947, 46-608; amd. Sec. 7, Ch. 6, L. 1991.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-201. Definitions

81-3-201. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Deputy state stock inspector" means a person designated by the department as a deputy state stock inspector who does not receive a salary or compensation from the department.
(2) "Feedlot" means a confined livestock feeding operation where the owner or operator of the feedlot feeds livestock belonging to others for a fee.
(3) "Livestock" means a bovine animal, domestic bison, horse, mule, or ass, regardless of its age or sex.
(4) "Person" means an individual, partnership, corporation, association, firm, or entity not enumerated that is capable of owning or controlling livestock.
(5) "Specially qualified deputy stock inspector" means a deputy state stock inspector who has been certified by the department, under rules adopted pursuant to 81-3-202, as qualified to conduct an inspection for a permanent transportation permit for a saddle, work, or show horse.
(6) "State stock inspector" means an employee of the department of livestock designated by the department as a state stock inspector.
History: (1), (3) thru (5)En. Sec. 103, Ch. 310, L. 1974; amd. Sec. 1, Ch. 41, L. 1977; Sec. 46-801.1, R.C.M. 1947; (2)En. Sec. 1, Ch. 32, L. 1974; Sec. 46-239.1, R.C.M. 1947; R.C.M. 1947, 46-239.1, 46-801.1; amd. Sec. 1, Ch. 298, L. 1979; amd. Sec. 1, Ch. 6, L. 1991; amd. Sec. 3, Ch. 30, L. 1993; amd. Sec. 4, Ch. 417, L. 1993; amd. Sec. 1, Ch. 376, L. 1997; amd. Sec. 5, Ch. 403, L. 2011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-202. Rules

81-3-202. Rules.
The department may adopt rules necessary to carry out this part.
History: En. Sec. 2, Ch. 59, L. 1943; amd. Sec. 2, Ch. 184, L. 1953; amd. Sec. 2, Ch. 142, L. 1957; amd. Sec. 1, Ch. 35, L. 1969; amd. Sec. 2, Ch. 149, L. 1971; amd. Sec. 2, Ch. 247, L. 1973; amd. Sec. 106, Ch. 310, L. 1974; amd. Sec. 2, Ch. 312, L. 1977; R.C.M. 1947, 46-802(5).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-204. Seizure of livestock -- retention of livestock -- sale -- disposal of proceeds

81-3-204. Seizure of livestock -- retention of livestock -- sale -- disposal of proceeds.
(1) All state stock inspectors inspecting any livestock before or after shipment or removal from any county in this state, upon a change of ownership, or at the preslaughter inspection at a licensed slaughterhouse may inspect and seize either at the point of sale, shipment, destination, or slaughter or en route any livestock or proceeds from livestock that the inspector believes are stolen or upon which brands have been altered or obliterated or that does not conform to the description contained on the tally sheet furnished by the shipper or to the description contained in any certificate of inspection or release issued before shipment or removal of the livestock.
(2) Upon taking possession of livestock under this section, a state stock inspector may retain the livestock in the inspector's possession for 15 days to make further investigation relative to its ownership. A state stock inspector may either at once or at any time within 15 days sell the livestock at a licensed livestock market or in the open market for the best available price and remit the proceeds, less the cost of keeping and sale, to the department together with a full description of the livestock sold, giving marks and brands, if any, and a statement of the reason for the seizure and sale. The proceeds must be deposited by the department with the state treasurer and credited to the department fund, where it is subject to claim by the owner of the livestock in the same manner and for the same length of time as is provided by law for the making of claims for moneys arising from the sale of stray stock.
History: En. Sec. 3, Ch. 59, L. 1943; amd. Sec. 108, Ch. 147, L. 1963; amd. Sec. 3, Ch. 149, L. 1971; amd. Sec. 3, Ch. 247, L. 1973; amd. Sec. 107, Ch. 310, L. 1974; amd. Sec. 3, Ch. 482, L. 1977; R.C.M. 1947, 46-803; amd. Sec. 2, Ch. 235, L. 1979; amd. Sec. 2640, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-206. Commissioners to designate places for loading livestock for inspection

81-3-206. Commissioners to designate places for loading livestock for inspection.
The board of county commissioners must, at the request of the department, designate within their respective counties certain convenient places and provide suitable facilities for unloading and loading of livestock for inspection purposes.
History: En. Sec. 1, Ch. 74, L. 1939; amd. Sec. 1, Ch. 211, L. 1947; amd. Sec. 101, Ch. 310, L. 1974; R.C.M. 1947, 46-709.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-210. Bill of sale required to prove ownership

81-3-210. Bill of sale required to prove ownership.
(1) A bill of sale signed by the seller and adequately describing the livestock sold must be presented to the livestock inspector whenever the change of ownership inspection required by 81-3-211 is made or whenever a buyer of livestock requests a county-line or state-line inspection for livestock. The bill of sale shall be in a form prescribed by the department and shall be taken up by the department with the certificate of inspection acting as a receipt.
(2) The department shall establish, charge, and receive a fee for each copy of a bill of sale requested after the original bill of sale has been taken up. Fees so received shall be paid to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department.
History: En. Sec. 1, Ch. 80, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 9, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-212. Exceptions

81-3-212. Exceptions.
Section 81-3-211 does not apply to livestock:
(1) being transported through the state in interstate commerce without leaving the custody of the carrier;
(2) when driven on the hoof and not moved by means of any motor vehicle, trailer, horse-drawn vehicle, or boat by the owner from one county to an adjoining county within the state onto land owned or controlled by the owner of livestock so moved for the purpose of pasturing, feeding, or changing the range thereof;
(3) when driven on the hoof or moved by means of a motor vehicle, trailer, horse-drawn vehicle, or boat by the owner from one county to an adjoining county within this state onto land owned or controlled by the owner of livestock without leaving land owned or controlled by the owner when moved for the purpose of pasturing, feeding, or changing the range thereof;
(4) when driven on the hoof from one county to an adjoining county within this state for the purpose of delivery to a licensed public market by a person who has been the owner of that livestock for a period of at least 3 months;
(5) from one county to be consigned to, and which actually reaches, a licensed livestock market located in another county of the state at which the department regularly maintains a stock inspector and for which a market consignment permit has been obtained in a manner provided by law;
(6) being transported to a veterinarian for health treatment and returned to their original premises if certification of treatment by the attending veterinarian accompanies the livestock on their return.
History: En. 46-801.3 by Sec. 104, Ch. 310, L. 1974; R.C.M. 1947, 46-801.3; amd. Sec. 6, Ch. 166, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-213. Inspection of livestock removed from state

81-3-213. Inspection of livestock removed from state.
Except as provided for in 81-3-212(1) and 81-3-211(4) and (6)(b), nothing contained in this part authorizes or permits a person to remove or cause to be removed livestock from this state to a location outside of this state unless the livestock has been inspected for brands by a state stock inspector or deputy state stock inspector and a certificate for the inspection has been issued in connection with and for the purpose of the transportation or removal as provided in this part.
History: En. 46-801.4 by Sec. 105, Ch. 310, L. 1974; amd. Sec. 2, Ch. 482, L. 1977; R.C.M. 1947, 46-801.4; amd. Sec. 5, Ch. 235, L. 1979; amd. Sec. 7, Ch. 166, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-214. Repealed

81-3-214. Repealed.
Sec. 1, Ch. 23, L. 2009.
History: En. 46-801.5 by Sec. 2, Ch. 41, L. 1977; R.C.M. 1947, 46-801.5; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 11, Ch. 444, L. 1983; amd. Sec. 8, Ch. 166, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-215. Inspection of dead animals in feedlots

81-3-215. Inspection of dead animals in feedlots.
When a stock animal dies in a feedlot, the feedlot operator shall notify the board of livestock or its representative of the death. The operator may not dispose of the carcass until a livestock inspector has observed it and determined the brand of the owner of the animal. A livestock inspector observing a dead stock animal pursuant to this section shall, within 48 hours, send written notification to the owner of the animal.
History: En. Sec. 2, Ch. 32, L. 1974; R.C.M. 1947, 46-239.2.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-221. Brands fraudulently changed

81-3-221. Brands fraudulently changed.
Whenever a mark or brand upon any neat cattle, horse, or other animal has been fraudulently altered, obliterated, or defaced so that the original mark or brand cannot be determined through the external inspection thereof, any stock inspector or sheriff may seize and kill the animal to ascertain the mark or brand so altered or defaced. Payment equal to the fair market value of the live animal shall be made after proper ownership is determined.
History: En. Sec. 2974, Pol. C. 1895; re-en. Sec. 1801, Rev. C. 1907; re-en. Sec. 3314, R.C.M. 1921; re-en. Sec. 3314, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1977; R.C.M. 1947, 46-706.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-222. Compensation for animals killed

81-3-222. Compensation for animals killed.
The value of the animal taken and killed shall be determined by three disinterested parties living in the vicinity where the animal is seized. The amount of money awarded to the owner is full compensation for the loss of the animal. All money disbursed under this section shall be paid out of the department's funds in the state special revenue fund, and whenever possible the dead bodies of the animals killed shall be disposed of for cash and the proceeds turned into the fund.
History: En. Sec. 2975, Pol. C. 1895; re-en. Sec. 1802, Rev. C. 1907; re-en. Sec. 3315, R.C.M. 1921; re-en. Sec. 3315, R.C.M. 1935; amd. Sec. 92, Ch. 147, L. 1963; amd. Sec. 100, Ch. 310, L. 1974; R.C.M. 1947, 46-707; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-223. Action by dissatisfied owner -- costs

81-3-223. Action by dissatisfied owner -- costs.
If the owner of the animal seized and killed under this part is dissatisfied with the valuation made, the owner may maintain an action against the department or, if the animal is seized by a sheriff, against that sheriff's county, and if the owner fails to recover damages in any greater amount than that allowed under 81-3-222, the owner shall bear all costs that may be incurred in the maintenance of the action.
History: En. Sec. 2976, Pol. C. 1895; re-en. Sec. 1803, Rev. C. 1907; re-en. Sec. 3316, R.C.M. 1921; re-en. Sec. 3316, R.C.M. 1935; amd. Sec. 2, Ch. 15, L. 1977; R.C.M. 1947, 46-708; amd. Sec. 2643, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-232. Penalty for noninspection of dead animal in feedlot

81-3-232. Penalty for noninspection of dead animal in feedlot.
A feedlot operator who violates 81-3-215 is guilty of a misdemeanor and on conviction shall be subject to imprisonment for not more than 6 months or a fine of not more than $500, or both.
History: En. Sec. 3, Ch. 32, L. 1974; R.C.M. 1947, 46-239.3.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 3. Marks and Brands › Part 2. Inspection of Marks and Brands › 81-3-233. Penalty for removal of livestock from state without inspection -- exception

81-3-233. Penalty for removal of livestock from state without inspection -- exception.
A person, other than the owner or the owner's agent or employee, who, without consent of the owner, removes or causes to be removed from this state any cow, ox, bull, stag, calf, steer, heifer, horse, mule, mare, colt, foal, or filly without having the animal inspected when inspection is required by law is guilty of a felony and shall be punished by a fine of not more than $2,000, by imprisonment in the state prison for a term of not more than 3 years, or by both. The provisions of this section do not apply to a person who removes from this state an animal specified by this section for the purpose of obtaining emergency treatment for the animal by a licensed veterinarian.
History: En. Sec. 1, Ch. 173, L. 1961; amd. Sec. 28, Ch. 12, L. 1977; R.C.M. 1947, 46-808; amd. Sec. 2645, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-101. Legal fences defined

81-4-101. Legal fences defined.
Except as provided in subsections (2) and (7), a legal fence must be at least 42 inches but not more than 48 inches in height. The following are legal fences in Montana:
(1) fences constructed of at least three barbed, horizontal, well-stretched wires, the lowest of which is not less than 15 inches or more than 18 inches from the ground, securely fastened as nearly equidistant as possible to substantial posts firmly set in the ground or to well-supported leaning posts not exceeding 20 feet apart or 33 feet apart where two or more stays or pickets are used equidistant between posts;
(2) (a) corral fences that are used exclusively for the purposes of enclosing stacks situated outside of any lawful enclosure and that:
(i) are not less than 16 feet from the enclosed stack;
(ii) are substantially built with posts not more than 8 feet distant from each other; and
(iii) consist of at least five strands of well-stretched barbed wire not less than 5 or more than 6 feet high;
(b) a fence as effectual for the purpose of a corral fence as the type described in subsection (2)(a);
(3) fences constructed of any standard woven wire, securely fastened to substantial posts not more than 30 feet apart, with two equidistant barbed wires placed above the woven wire;
(4) other fences made of barbed wire, which must be as strong and as well calculated to protect enclosures as those in subsections (1) through (3);
(5) fences consisting of four boards, rails, or poles with standing or leaning posts not over 17 feet and 6 inches apart and, if leaning posts are used, a pole or wire fastened securely on the inside of the leg or support of each leaning post;
(6) electric fences that:
(a) consist of at least three tightly stretched strands of at least 12.5 gauge, high-tensile steel or its equivalent;
(b) are strung by sufficient posts set firmly in the ground not more than an average distance of 50 feet apart along the full span;
(c) are charged with a standard charger with an output of at least 0.5 joule and with sufficient energy for the entirety of the fence; and
(d) are regularly maintained by the fence owner to ensure the fence is operable;
(7) rivers, hedges, mountain ridges and bluffs, or other barriers over or through which it is impossible for stock to pass; and
(8) any legal fence listed in subsections (1) through (5) or (7) that also includes at least one strand of electrified wire.
History: En. Sec. 1, p. 46, L. 1881; amd. Sec. 1, p. 76, L. 1885; amd. Sec. 1111, 5th Div. Comp. Stat. 1887; amd. Sec. 3250, Pol. C. 1895; amd. Sec. 1, p. 139, L. 1901; amd. Sec. 1, Ch. 37, L. 1905; amd. Sec. 1, Ch. 64, L. 1913; amd. Sec. 1, Ch. 163, L. 1919; re-en. Sec. 3374, R.C.M. 1921; re-en. Sec. 3374, R.C.M. 1935; R.C.M. 1947, 46-1401; amd. Sec. 2, Ch. 249, L. 2015; amd. Sec. 1, Ch. 135, L. 2017.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-102. Construction of auto pass not to deprive legal fence of character

81-4-102. Construction of auto pass not to deprive legal fence of character.
There may be maintained in a legal fence a pass so constructed that automobiles and trucks may pass over the same and which will prevent the passage of livestock across said opening without depriving such fence of the character of a legal fence under the laws of this state.
History: En. Sec. 3, Ch. 153, L. 1933; re-en. Sec. 4486.3, R.C.M. 1935; R.C.M. 1947, 16-1129.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-103. Civil liability

81-4-103. Civil liability.
Any person constructing or maintaining any fence of any kind not described in 81-4-101 is liable in a civil action for all damages caused by reason of injury to stock resulting from such defective fence.
History: En. Secs. 1112 to 1120, 5th Div. Comp. Stat. 1887; re-en. Sec. 3251, Pol. C. 1895; re-en. Sec. 2083, Rev. C. 1907; re-en. Sec. 3375, R.C.M. 1921; re-en. Sec. 3375, R.C.M. 1935; R.C.M. 1947, 46-1402.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-104. Barbed wire fences to be kept in repair

81-4-104. Barbed wire fences to be kept in repair.
The owners of barbed wire fences shall keep the same in repair, and a person who receives notice in writing that the person's barbed wire fence or any part of the fence is down or in such condition as to be likely to injure any livestock and who fails or refuses to repair the fence is liable to pay damages in an amount equal to the value of any cattle, horses, mules, or other domestic animals that may be injured by coming into contact with the fence.
History: En. Secs. 1112 to 1120, 5th Div. Comp. Stat. 1887; re-en. Sec. 3252, Pol. C. 1895; re-en. Sec. 2084, Rev. C. 1907; re-en. Sec. 3376, R.C.M. 1921; re-en. Sec. 3376, R.C.M. 1935; R.C.M. 1947, 46-1403; amd. Sec. 2646, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-105. Fallen wire fencing declared nuisance -- abatement

81-4-105. Fallen wire fencing declared nuisance -- abatement.
All barbed wire and other wire fencing which has sagged or fallen to the ground so as to be ineffectual for the purpose of turning stock and a menace to any person riding or walking over the same is declared to be a public nuisance and subject to abatement in the manner hereinafter provided.
History: En. Sec. 1, Ch. 84, L. 1927; re-en. Sec. 3376.1, R.C.M. 1935; R.C.M. 1947, 46-1404.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-106. Notice to owner to repair fence -- duty of county commissioners

81-4-106. Notice to owner to repair fence -- duty of county commissioners.
Upon ascertaining the existence in the county of any nuisance specified in 81-4-105, the board of county commissioners shall notify by registered or certified mail the owner of such wire, if such owner be known to said board and within the state, to remove same. If such owner shall fail to remove said wire or to rebuild said fence within 60 days following receipt of said notice, the board of county commissioners shall have authority to remove and dispose of said wire in the manner provided by 81-4-107.
History: En. Sec. 2, Ch. 84, L. 1927; re-en. Sec. 3376.2, R.C.M. 1935; R.C.M. 1947, 46-1405.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-107. Procedure when owner unknown or not resident of state -- sale of wire removed

81-4-107. Procedure when owner unknown or not resident of state -- sale of wire removed.
If there is no known owner of such wire within the state or if such owner is unknown to the board of county commissioners, the board may collect and remove the wire at the expense of the county. All such wire or other fencing as in the opinion of the board of county commissioners can be sold at a price sufficient to cover at least the expense of removal and sale shall be sold by the county commissioners in the manner provided by law for the sale of county property, except that notice of such sale need be published only once and need be given only 10 days before such sale.
History: En. Sec. 3, Ch. 84, L. 1927; re-en. Sec. 3376.3, R.C.M. 1935; amd. Sec. 50, Ch. 12, L. 1977; R.C.M. 1947, 46-1406.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 1. Fences › 81-4-108. Disposal of proceeds of sale of wire after payment of expense

81-4-108. Disposal of proceeds of sale of wire after payment of expense.
The proceeds of a sale under 81-4-107 must be used to defray the cost of collecting and selling the wire, and the balance, if any, must be placed by the county treasurer in a special fund and must be held subject to claim by any person establishing to the satisfaction of the board of county commissioners that the person was the lawful owner of the wire and entitled to the remaining proceeds of the sale. If a person does not claim the money within 1 year of the date of sale, the money must be deposited in the general fund of the county.
History: En. Sec. 4, Ch. 84, L. 1927; re-en. Sec. 3376.4, R.C.M. 1935; R.C.M. 1947, 46-1407; amd. Sec. 2647, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 2. Animals Unlawfully Running at Large › 81-4-201. Animals running at large

81-4-201. Animals running at large.
It is unlawful for an owner or person in control of swine, sheep, llamas, alpacas, bison, ostriches, rheas, emus, or goats to willfully permit the animals to run at large.
History: En. Sec. 1165, Pen. C. 1895; re-en. Sec. 8838, Rev. C. 1907; re-en. Sec. 3393, R.C.M. 1921; re-en. Sec. 3393, R.C.M. 1935; amd. Sec. 1, Ch. 169, L. 1945; R.C.M. 1947, 46-1704; amd. Sec. 10, Ch. 166, L. 1989; amd. Sec. 5, Ch. 417, L. 1993; amd. Sec. 9, Ch. 206, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 2. Animals Unlawfully Running at Large › 81-4-202. Penalties

81-4-202. Penalties.
(1) Any person violating 81-4-201 is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and is liable for damages to any party injured by the violation, in any court having competent jurisdiction.
(2) All fines collected under the provisions of this section, except those collected in a justice's court, must be paid into the county treasury for the use and benefit of the public schools.
History: (1)En. Sec. 1166, Pen. C. 1895; re-en. Sec. 8839, Rev. C. 1907; re-en. Sec. 3394, R.C.M. 1921; re-en. Sec. 3394, R.C.M. 1935; Sec. 46-1705, R.C.M. 1947; (2)En. Sec. 1167, Pen. C. 1895; re-en. Sec. 8840, Rev. C. 1907; re-en. Sec. 3395, R.C.M. 1921; re-en. Sec. 3395, R.C.M. 1935; Sec. 46-1706, R.C.M. 1947; R.C.M. 1947, 46-1705, 46-1706; amd. Sec. 54, Ch. 557, L. 1987; amd. Sec. 1, Ch. 8, L. 1993.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 2. Animals Unlawfully Running at Large › 81-4-203. Open range defined

81-4-203. Open range defined.
In 81-4-204 and 81-4-207, the term "open range" means all lands in the state of Montana not enclosed by a fence of not less than two wires in good repair. The term "open range" includes all highways outside of private enclosures and used by the public whether or not the same have been formally dedicated to the public.
History: En. Sec. 1, Ch. 63, L. 1925; amd. Sec. 1, Ch. 85, L. 1931; re-en. Sec. 3400.1, R.C.M. 1935; R.C.M. 1947, 46-1707(part); amd. Sec. 1, Ch. 679, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 2. Animals Unlawfully Running at Large › 81-4-204. Male equine animals not to run on open range

81-4-204. Male equine animals not to run on open range.
It shall be unlawful for any owner, person, firm, corporation, or association having the management or control of any stallion, ridgeling, unaltered male mule, or jackass over the age of 1 year to permit or suffer such animal to run at large on the open range.
History: En. Sec. 1, Ch. 63, L. 1925; amd. Sec. 1, Ch. 85, L. 1931; re-en. Sec. 3400.1, R.C.M. 1935; R.C.M. 1947, 46-1707(part).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 2. Animals Unlawfully Running at Large › 81-4-205. Male equine animals running at large as nuisance -- abatement

81-4-205. Male equine animals running at large as nuisance -- abatement.
Any such animal so running at large is a public nuisance, which, in addition to the means and proceedings prescribed by this part for its abatement and removal, may be abated and removed by the means and proceedings provided by law for the abatement or removal of public nuisances.
History: En. Sec. 2, Ch. 63, L. 1925; amd. Sec. 2, Ch. 85, L. 1931; re-en. Sec. 3400.2, R.C.M. 1935; amd. Sec. 52, Ch. 12, L. 1977; R.C.M. 1947, 46-1708.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 2. Animals Unlawfully Running at Large › 81-4-206. Killing animal to prevent injury not prohibited

81-4-206. Killing animal to prevent injury not prohibited.
Sections 81-4-203 through 81-4-209 are not intended and shall not be interpreted or understood to limit or deny the right now existing to destroy or kill any such animal to prevent injury by it to any person or property.
History: En. Sec. 5, Ch. 63, L. 1925; amd. Sec. 5, Ch. 85, L. 1931; re-en. Sec. 3400.5, R.C.M. 1935; R.C.M. 1947, 46-1711.