reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-113. Livestock loss reduction restricted account

81-1-113. (Temporary) Livestock loss reduction restricted account.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss reduction restricted special revenue account. The account is administered by the department.
(2) Except as provided in subsection (6), the money transferred to the account is restricted to the purposes of reducing predation on livestock by wolves and grizzly bears and reducing expenses incurred by livestock owners, including but not limited to veterinary bills, caused by wolves and grizzly bears.
(3) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for either or both of the purposes of subsection (2) must be deposited in the account provided for in subsection (1).
(4) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for carrying out the purposes of this section.
(5) Except as provided in subsection (6), to reduce predation of livestock, the livestock loss board:
(a) shall use at least half of the money transferred into the account pursuant to subsection (2) on nonlethal, preventative measures; and
(b) may use half of the money transferred into the account pursuant to subsection (2) to contract with the United States department of agriculture wildlife services.
(6) Up to 10% of the money in the account may be used for administrative expenses. (Terminates June 30, 2029--sec. 3, Ch. 20, L. 2023.)
81-1-113. (Effective July 1, 2029) Livestock loss reduction restricted account.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss reduction restricted special revenue account. The account is administered by the department.
(2) Except as provided in subsection (5), the money transferred to the account is restricted to the purposes of reducing predation on livestock by wolves and grizzly bears and reducing expenses incurred by livestock owners, including but not limited to veterinary bills, caused by wolves and grizzly bears.
(3) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for either or both of the purposes of subsection (2) must be deposited in the account provided for in subsection (1).
(4) Except as provided in subsection (5), to reduce predation of livestock, the livestock loss board:
(a) shall use at least half of the money transferred into the account pursuant to subsection (2) on nonlethal, preventative measures; and
(b) may use half of the money transferred into the account pursuant to subsection (2) to contract with the United States department of agriculture wildlife services.
(5) Up to 10% of the money in the account may be used for administrative expenses.
History: En. Sec. 1, Ch. 349, L. 2015; amd. Sec. 4, Ch. 284, L. 2017.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 2. Inspectors and Detectives › 81-1-201. Appointment and powers

81-1-201. Appointment and powers.
The department may appoint stock inspectors and detectives necessary for the protection of the livestock interests of this state. The department shall designate which inspectors and detectives are considered law enforcement officers, and those designated shall take the official oath required by law and shall have similar powers and authority to those conferred by law on deputy sheriffs. However, they are not entitled to the fees or emoluments awarded by law to deputy sheriffs. The board shall devise an examination for the qualification of stock inspectors and detectives designated as law enforcement officers and may appoint and employ only persons who successfully pass such examination. The board shall promulgate administrative rules for the taking of this examination and define a passing grade.
History: En. Sec. 2970, Pol. C. 1895; re-en. Sec. 1796, Rev. C. 1907; amd. Sec. 1, Ch. 170, L. 1921; re-en. Sec. 3309, R.C.M. 1921; re-en. Sec. 3309, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1974; amd. Sec. 96, Ch. 310, L. 1974; R.C.M. 1947, 46-701; amd. Sec. 5, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 2. Inspectors and Detectives › 81-1-202. Duties

81-1-202. Duties.
The stock inspectors and detectives shall arrest all persons who in their presence violate the stock laws of this state. Each stock inspector and detective, on information that a person has committed an offense against the laws of this state by engaging in illegal branding or theft of stock or an offense against the laws of this state for the protection of the rights and interests of stock owners, shall make the necessary affidavit for the arrest and examination of the person and on a warrant issued for the person immediately arrest the person and bring the person before the proper officer and notify the department of the person's acts.
History: En. Sec. 2972, Pol. C. 1895; re-en. Sec. 1798, Rev. C. 1907; re-en. Sec. 3311, R.C.M. 1921; re-en. Sec. 3311, R.C.M. 1935; amd. Sec. 97, Ch. 310, L. 1974; amd. Sec. 53, Ch. 359, L. 1977; R.C.M. 1947, 46-703; amd. Sec. 2623, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 2. Inspectors and Detectives › 81-1-203. Compensation

81-1-203. Compensation.
The stock inspectors and detectives are under the exclusive control and direction of the department. They must be paid for their services in the amount which the department determines.
History: En. Sec. 2973, Pol. C. 1895; re-en. Sec. 1799, Rev. C. 1907; re-en. Sec. 3312, R.C.M. 1921; re-en. Sec. 3312, R.C.M. 1935; amd. Sec. 91, Ch. 147, L. 1963; amd. Sec. 98, Ch. 310, L. 1974; R.C.M. 1947, 46-704.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 2. Inspectors and Detectives › 81-1-204. Assignment to districts

81-1-204. Assignment to districts.
The stock inspectors and detectives are district officers, and the department must designate the district in which the inspectors and detectives serve, and the district must be designated in their commissions.
History: En. Sec. 2991, Pol. C. 1895; re-en. Sec. 1800, Rev. C. 1907; re-en. Sec. 3313, R.C.M. 1921; re-en. Sec. 3313, R.C.M. 1935; amd. Sec. 99, Ch. 310, L. 1974; R.C.M. 1947, 46-705.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 3. Administration of Animal Health Laws › 81-1-301. Administrator -- appointment and qualifications

81-1-301. Administrator -- appointment and qualifications.
(1) The board shall appoint a person to be directly responsible to it for the administration of the laws relating to animal health.
(2) The person must have a doctor of veterinary medicine degree from an accredited college or school and must be licensed to practice veterinary medicine in this state.
History: En. Sec. 3, Ch. 262, L. 1921; re-en. Sec. 3262, R.C.M. 1921; re-en. Sec. 3262, R.C.M. 1935; amd. Sec. 52, Ch. 310, L. 1974; R.C.M. 1947, 46-203; amd. Sec. 2624, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 3. Administration of Animal Health Laws › 81-1-302. Duties of administrator

81-1-302. Duties of administrator.
The administrator, subject to the rules of the board, may act for and perform the duties imposed by law on the board when the board is not in session, but any order or regulation promulgated by the administrator is subject to review, modification, or annulment by the board.
History: En. Sec. 4, Ch. 262, L. 1921; re-en. Sec. 3263, R.C.M. 1921; re-en. Sec. 3263, R.C.M. 1935; amd. Sec. 53, Ch. 310, L. 1974; R.C.M. 1947, 46-204; amd. Sec. 2625, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 3. Administration of Animal Health Laws › 81-1-303. Administrator's expertise to be considered

81-1-303. Administrator's expertise to be considered.
In any action taken by the board in 81-2-102 and 81-20-101, the board shall ask for and consider the expertise and judgment of the administrator of the laws relating to animal health.
History: En. 46-209.1 by Sec. 58, Ch. 310, L. 1974; R.C.M. 1947, 46-209.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 3. Administration of Animal Health Laws › 81-1-304. Appointment of federal veterinary inspectors

81-1-304. Appointment of federal veterinary inspectors.
With the approval of either the federal veterinarian in charge in this state or the United States department of agriculture, the department of livestock may appoint federal veterinarians or federal lay inspectors stationed in this state, as deputies or agents for the department. All federal officers so appointed as deputies or agents of the department possess the powers and duties of regular deputies or agents of the department, but they shall act without compensation and hold office only at the pleasure of the department.
History: En. Sec. 6, Ch. 262, L. 1921; re-en. Sec. 3265, R.C.M. 1921; re-en. Sec. 3265, R.C.M. 1935; amd. Sec. 54, Ch. 310, L. 1974; R.C.M. 1947, 46-206.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-101. Authority of department agents

81-2-101. Authority of department agents.
In the performance of official duties, an agent or officer of the department may enter on or in a lot, yard, land, building, room, premises, enclosure, car, wagon, boat, or other place or vehicle used for the treatment, storage, manufacture, display, or transportation of animals, meat, or dairy products intended for sale or disposal as food. The agent or officer may enter anywhere where livestock may be found that are affected with or that have been exposed to or that the officer has reason to believe are either affected with or have been exposed to an infectious, contagious, communicable, or dangerous disease or disease-carrying insects.
History: En. Sec. 7, Ch. 262, L. 1921; re-en. Sec. 3266, R.C.M. 1921; re-en. Sec. 3266, R.C.M. 1935; amd. Sec. 55, Ch. 310, L. 1974; R.C.M. 1947, 46-207; amd. Sec. 2626, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-103. Adoption of rules

81-2-103. Adoption of rules.
The department shall adopt and enforce rules for the inspection and tuberculin testing of dairy cattle or other animals and for the inspection, testing, treatment, or disposition of livestock or other animals affected with or which may have been exposed to infectious, contagious, communicable, or dangerous disease and for the quarantines provided for in this chapter or 81-20-101.
History: En. Sec. 9, Ch. 262, L. 1921; re-en. Sec. 3268, R.C.M. 1921; re-en. Sec. 3268, R.C.M. 1935; amd. Sec. 59, Ch. 310, L. 1974; amd. Sec. 10, Ch. 12, L. 1977; R.C.M. 1947, 46-211; amd. Sec. 1, Ch. 110, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-104. Rules -- agreement with federal government

81-2-104. Rules -- agreement with federal government.
When the department determines that it is necessary to eradicate or control an infectious, contagious, communicable, or dangerous disease of livestock in this state, in cooperation with the United States department of agriculture or other federal agency, and to appraise and destroy animals affected with or which have been exposed to a disease or to destroy property in order to remove the infection and complete the cleaning and disinfection of the premises or to do any act or incur any other expense reasonably necessary in suppressing this disease, the board may accept and adopt on behalf of the state the rules adopted by the United States department of agriculture or other federal agency under authority of an act of congress or the portion considered necessary, suitable, or applicable. The department may adopt other rules necessary or desirable for this purpose and cooperate with the United States department of agriculture or other federal agency in the enforcement of the rules accepted and adopted.
History: En. Sec. 2, Ch. 177, L. 1937; amd. Sec. 71, Ch. 310, L. 1974; R.C.M. 1947, 46-227.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-105. Authority of municipal corporations

81-2-105. Authority of municipal corporations.
(1) Nothing in this title prevents the governing authority of a municipal corporation from enacting or enforcing ordinances for the inspection of slaughterhouses, meat depots, meat markets, meat food products, creameries, butter or cheese factories, dairies, or dairy products located, sold, or offered for sale in the limits of the municipal corporation. An ordinance may not be enforced in conflict with the powers of this title delegated to the department and its officers or agents.
(2) The governing activity authority of a municipal corporation may not enact or enforce ordinances pursuant to this section for producers as defined in 50-49-202 selling homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2.
History: En. Sec. 11, Ch. 262, L. 1921; re-en. Sec. 3270, R.C.M. 1921; re-en. Sec. 3270, R.C.M. 1935; amd. Sec. 63, Ch. 310, L. 1974; amd. Sec. 12, Ch. 12, L. 1977; R.C.M. 1947, 46-217; amd. Sec. 1, Ch. 14, L. 1979; amd. Sec. 11, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-106. Cooperation by public officers

81-2-106. Cooperation by public officers.
The department of public health and human services and local boards of health of a county, city, or town shall cooperate with and assist the department in matters that relate to the execution of its sanitary powers regarding livestock and their food products in the manner prescribed by the department, either by general rule or direct order.
History: En. Sec. 25, Ch. 262, L. 1921; re-en. Sec. 3284, R.C.M. 1921; re-en. Sec. 3284, R.C.M. 1935; amd. Sec. 78, Ch. 310, L. 1974; amd. Sec. 21, Ch. 12, L. 1977; R.C.M. 1947, 46-234; amd. Sec. 348, Ch. 418, L. 1995; amd. Sec. 548, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-107. Duty to report contagious diseases

81-2-107. Duty to report contagious diseases.
A person, including the owner or custodian, who has reason to suspect the existence of a dangerous, infectious, contagious, or communicable disease in livestock or the presence of animals exposed to the disease in this state shall immediately give notice to the department.
History: En. Sec. 27, Ch. 262, L. 1921; re-en. Sec. 3286, R.C.M. 1921; re-en. Sec. 3286, R.C.M. 1935; amd. Sec. 80, Ch. 310, L. 1974; R.C.M. 1947, 46-236.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-108. Diseased animals not to run at large -- burial of carcasses

81-2-108. Diseased animals not to run at large -- burial of carcasses.
It shall be unlawful for any owner, agent, or person in charge of any domestic animal or animals that are known to be suffering from or exposed to a dangerous, infectious, contagious, or communicable disease to permit such animal or animals to run at large on the public range or public highway. It shall be the duty of the owner or agent or person in charge of animals which died or they have reason to suspect did die from an infectious, contagious, communicable, or dangerous disease to properly bury or burn the same.
History: En. Sec. 28, Ch. 262, L. 1921; re-en. Sec. 3287, R.C.M. 1921; re-en. Sec. 3287, R.C.M. 1935; R.C.M. 1947, 46-237.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-109. Expenses, how paid -- lien and foreclosure

81-2-109. Expenses, how paid -- lien and foreclosure.
(1) If there is no violation of law or department rule, the expense of inspecting, testing, supervision of quarantine, supervision of dipping, supervision of disinfection, and supervision of other treatment of diseased or exposed livestock by the department and the sanitary inspection of dairies, packinghouses, meat depots, slaughterhouses, milk depots, and other premises must be paid for by the department. However, the owner of the livestock or property is liable for all expenses, except the salary of the designated supervising officer representing the department, when the owner, agent, or person in charge of the livestock or property has violated the law or rules of the department.
(2) The expenses for which an owner, agent, or person in charge is liable under subsection (1) include:
(a) all investigatory expenses, including travel, meals, and lodging of all investigating officers representing the department; and
(b) all other expenses, extraordinary or otherwise, that in the judgment of the department are reasonably necessary to ensure that there has been or will be compliance with all applicable laws and rules.
(3) The department, at the conclusion of an investigation of a violation, shall serve notice on the violator, informing the violator of all expenses for which the violator is liable. The notice must state that if a response is not sent within 30 days of receipt of the notice, the notice is prima facie evidence of the reasonableness of the expenses and of the violator's liability for them.
(4) A showing by the department that a response to the notice required by subsection (3) was not received within 30 days of receipt of the notice is prima facie evidence of the reasonableness of the expenses stated and of the liability of the violator for those expenses.
(5) These expenses are a lien on the livestock or other property, and the department may retain possession of the livestock until the charges and expenses are paid. The lien is not dependent on possession and may be foreclosed in the name of the agent of the department by sale at public auction of the stock or as many as may be necessary to pay the sum of the costs, after 10 days' notice by posting in three public places in the county. The lien may also be foreclosed by an action in a court of competent jurisdiction against the owner of the livestock to recover the amount of charges and expenses.
History: En. Sec. 21, Ch. 262, L. 1921; re-en. Sec. 3280, R.C.M. 1921; re-en. Sec. 3280, R.C.M. 1935; amd. Sec. 74, Ch. 310, L. 1974; amd. Sec. 18, Ch. 12, L. 1977; R.C.M. 1947, 46-230; amd. Sec. 2, Ch. 28, L. 1979; amd. Sec. 1, Ch. 353, L. 1983; amd. Sec. 2627, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-110. Expense of cleaning and disinfecting carriers' facilities

81-2-110. Expense of cleaning and disinfecting carriers' facilities.
The expense of cleaning and disinfecting cars, yards, or other transportation facilities of a common carrier, when required by the department, is a charge against the common carrier. Also, the expense of supervising the cleaning and disinfecting of cars for transportation of livestock, when required at a point other than disinfection points agreed on between the department and the carrier, is a charge against the common carrier.
History: En. Sec. 22, Ch. 262, L. 1921; re-en. Sec. 3281, R.C.M. 1921; re-en. Sec. 3281, R.C.M. 1935; amd. Sec. 75, Ch. 310, L. 1974; R.C.M. 1947, 46-231.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-111. Injunctive remedies

81-2-111. Injunctive remedies.
The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of parts 1 through 3 of this chapter or rules adopted thereunder, notwithstanding the existence of other remedies at law. When the application of other remedies has been insufficient to compel action to control, extirpate, or prevent the spread of disease or upon a showing that an animal disease emergency exists and that other remedies probably would be insufficient to compel action to control the emergency, the department may apply for and the court may grant mandatory injunctive relief.
History: En. 46-210.1 by Sec. 1, Ch. 190, L. 1977; R.C.M. 1947, 46-210.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-112. Prohibition by governor on importation of animals from localities where disease exists -- penalty

81-2-112. Prohibition by governor on importation of animals from localities where disease exists -- penalty.
(1) Whenever the governor has good reason to believe that any disease dangerous or inimical to the livestock or poultry industry or dangerous to dogs or other animals has become epidemic in certain localities in any other state or territory, the District of Columbia, or any other country, the governor shall issue a proclamation designating the localities and prohibiting the importation from those localities into this state, except under restrictions that the governor may consider proper, of any livestock, poultry, dogs, or other animals or articles or commodities likely to convey the disease or diseases.
(2) A person who, after the publication of the proclamation, knowingly receives any livestock, dog, fowl, or other animal or article or commodity designated in the proclamation as likely to convey disease from any of the prohibited districts and transports or conveys the animal, article, or commodity within the limits of this state is punishable by imprisonment in the county jail for not less than 60 days or more than 8 months or a fine of not less than $300 or more than $5,000, or both, and is further liable for any and all damages and loss that may be sustained by any person or persons by reason of the disobedience of the proclamation.
History: (1)En. Sec. 1, Ch. 31, L. 1925; re-en. Sec. 3295.1, R.C.M. 1935; Sec. 46-245, R.C.M. 1947; (2)En. Sec. 2, Ch. 31, L. 1925; re-en. Sec. 3295.2, R.C.M. 1935; Sec. 46-246, R.C.M. 1947; R.C.M. 1947, 46-245, 46-246; amd. Sec. 2628, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-113. Penalty

81-2-113. Penalty.
Any person, persons, firm, or corporation violating any provision of parts 1 through 3 of this chapter, or the rule or order promulgated by authority of same shall be guilty of a misdemeanor. Violations shall be tried without undue delay in any court of competent jurisdiction.
History: En. Sec. 29, Ch. 262, L. 1921; re-en. Sec. 3288, R.C.M. 1921; re-en. Sec. 3288, R.C.M. 1935; amd. Sec. 23, Ch. 12, L. 1977; R.C.M. 1947, 46-238.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-114. Civil liability

81-2-114. Civil liability.
A person, firm, or corporation which violates parts 1 through 3 of this chapter or rules or orders of the department is liable for damages sustained by a person because of the violation. The damages may be recovered by the person in a civil action in a court of competent jurisdiction.
History: En. Sec. 30, Ch. 262, L. 1921; re-en. Sec. 3289, R.C.M. 1921; re-en. Sec. 3289, R.C.M. 1935; amd. Sec. 81, Ch. 310, L. 1974; amd. Sec. 24, Ch. 12, L. 1977; R.C.M. 1947, 46-239.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-115. Confidentiality of information collected -- exceptions

81-2-115. Confidentiality of information collected -- exceptions.
(1) Except as provided in subsections (2) through (4), all information regarding the testing of any livestock that is owned by or in the possession or custody of a livestock producer, livestock dealer as defined in 81-8-213, or livestock market as defined in 81-8-213 that is collected by the department:
(a) must be held confidential by the department and its employees;
(b) is not a public record or public information as defined in 2-6-1002 and is exempt from disclosure; and
(c) is not subject to discovery or introduction into evidence in any civil action.
(2) For the purposes of this section, "livestock" has the meaning provided in 81-2-702.
(3) The administrator appointed pursuant to 81-1-301 may disclose information collected by the department from individual livestock producers, livestock dealers, or livestock markets for the purposes of the department's animal health programs whenever in the administrator's judgment the disclosure will assist in the implementation of the animal health programs. The administrator may disclose the information to another governmental entity pursuant to the conditions described in subsection (4) or if the governmental entity confirms in writing that the entity will maintain the confidentiality of the information.
(4) Animal disease diagnostic tests that identify the owner of the animal tested may not be disclosed unless:
(a) the administrator determines that disclosure is necessary to prevent the spread of an animal disease or to protect the public health;
(b) the owner gives written permission to disclose the information;
(c) the information is disclosed in actions or administrative proceedings commenced under the provisions of Title 81, chapter 2, 4, 5, 6, 8, 9, or 30;
(d) disclosure is required by subpoena or court order; or
(e) the information is disclosed to a law enforcement agency in connection with the investigation or prosecution of criminal offenses.
(5) Upon release by the administrator or the board of any information to any other governmental entity or to any person, the administrator shall:
(a) notify the person to whom the information refers or pertains that the release has been made and the name of the governmental entity or person to whom the information was released; and
(b) provide to the person to whom the information refers a copy or summary of the information contained in the release.
History: En. Sec. 1, Ch. 16, L. 2011; amd. Sec. 58, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-116. Animal health account -- enterprise fund account for laboratory services

81-2-116. Animal health account -- enterprise fund account for laboratory services.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the animal health account. All fees collected by the department related to animal health, except those received pursuant to 81-2-102(1)(c), must be deposited in the account to be used for animal health functions of the department.
(2) (a) There is an account of the enterprise fund type, as defined in 17-2-102(2)(a), to the credit of the department for the use of the laboratory functions of the department.
(b) Gross revenue from the collection of fees for services rendered pursuant to 81-2-102(1)(c) must be deposited in the account.
(c) All interest and earnings on money deposited in the account must be credited to the account and used for the laboratory functions of the department.
History: En. Sec. 4, Ch. 351, L. 2017.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-121. Taking of publicly owned wild buffalo or wild bison that are present on private property -- notice -- supplemental feeding -- penalty

81-2-121. Taking of publicly owned wild buffalo or wild bison that are present on private property -- notice -- supplemental feeding -- penalty.
(1) This chapter may not be construed to impose, by implication or otherwise, criminal liability on a landowner or the agent of a landowner for the taking of a publicly owned wild buffalo or wild bison that is suspected of carrying disease and that is present on the landowner's private property and is potentially associating with or otherwise threatening the landowner's livestock if the landowner or agent:
(a) notifies or makes a good faith effort to notify the department in order to allow as much time as practicable for the department to first take or remove the publicly owned wild buffalo or wild bison that is present on the landowner's property;
(b) makes a good faith effort to notify the department that a taking has occurred and to retain all parts for disposal by the department; and
(c) is not in violation of subsection (2)(a).
(2) (a) A person may not intentionally provide supplemental feed to game animals in a manner that results in artificial concentration of game animals that may potentially contribute to the transmission of disease. A person who violates this subsection (2)(a) shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, a person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(b) This subsection (2) does not apply to supplemental feeding activities conducted by the department for disease control purposes.
History: En. Sec. 3, Ch. 540, L. 1995; amd. Sec. 84, Ch. 258, L. 2011; amd. Sec. 4, Ch. 403, L. 2011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 1. General Administration › 81-2-122. Containment required for inspection

81-2-122. Containment required for inspection.
(1) Livestock must be contained by the owner, agent, or custodian in a space appropriate for a required regulatory action under 81-2-102.
(2) The department may provide a chute and alley as needed to complete inspection or testing.
History: En. Sec. 1, Ch. 130, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-201. Classification of animals as to compensation for slaughter

81-2-201. Classification of animals as to compensation for slaughter.
Animals slaughtered due to disease under the direction of the department by order of the board may be paid for at 100% of the appraised value.
(1) Eligible animals include cattle, domestic bison, sheep, goats, swine, alternative livestock, and poultry.
(2) Diseases for which animals are eligible for indemnity include foreign animal diseases as classified by the United States department of agriculture, bovine tuberculosis, brucellosis, and chronic wasting disease.
(3) Animals that are injured or killed while they are being inspected or tested under an order of the department or its agent may be paid for at their full appraised value if the claim for the animal is recommended for payment at a meeting of the board when it is shown that the injury or death of the animal was not proximately due to the negligence of the owner or the owner's agent.
History: En. Sec. 12, Ch. 262, L. 1921; re-en. Sec. 3271, R.C.M. 1921; re-en. Sec. 3271, R.C.M. 1935; amd. Sec. 1, Ch. 75, L. 1943; amd. Sec. 1, Ch. 107, L. 1949; amd. Sec. 64, Ch. 310, L. 1974; amd. Sec. 13, Ch. 12, L. 1977; R.C.M. 1947, 46-218; amd. Sec. 2629, Ch. 56, L. 2009; amd. Sec. 2, Ch. 75, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-202. Repealed

81-2-202. Repealed.
Sec. 8, Ch. 75, L. 2023.
History: En. Sec. 13, Ch. 262, L. 1921; re-en. Sec. 3272, R.C.M. 1921; re-en. Sec. 3272, R.C.M. 1935; amd. Sec. 2, Ch. 75, L. 1943; amd. Sec. 65, Ch. 310, L. 1974; R.C.M. 1947, 46-219.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-203. Indemnity special revenue account -- purpose -- uses

81-2-203. Indemnity special revenue account -- purpose -- uses.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the indemnity special revenue account. The account is administered by the department.
(2) The department may deposit in the indemnity special revenue account an amount up to $10,000 annually. The principal may not exceed $100,000, and interest earned in the account is retained.
(3) Funds are statutorily appropriated to the department, as provided in 17-7-502, for the purpose of indemnity payments as authorized in 81-2-201.
History: En. Sec. 14, Ch. 262, L. 1921; re-en. Sec. 3273, R.C.M. 1921; re-en. Sec. 3273, R.C.M. 1935; amd. Sec. 66, Ch. 310, L. 1974; amd. Sec. 14, Ch. 12, L. 1977; R.C.M. 1947, 46-220; amd. Sec. 3, Ch. 75, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-204. Presentation of claims for indemnity

81-2-204. Presentation of claims for indemnity.
Claims against the state that arise from the destruction of animals or property by order of the department must contain an affidavit by the owner or the owner's agent with knowledge of the animal or property, certifying to the ownership of the animal or property, and that the animal or property has been destroyed under the law and the rules of the department. The claims must be accompanied by a certificate of appraisal together with an account of sale showing the net proceeds from the sale of the animal, if any, paid to the owner of the animal.
History: En. Sec. 15, Ch. 262, L. 1921; re-en. Sec. 3274, R.C.M. 1921; re-en. Sec. 3274, R.C.M. 1935; amd. Sec. 4, Ch. 75, L. 1943; amd. Sec. 67, Ch. 310, L. 1974; R.C.M. 1947, 46-221; amd. Sec. 2630, Ch. 56, L. 2009; amd. Sec. 4, Ch. 75, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-205. Repealed

81-2-205. Repealed.
Sec. 8, Ch. 75, L. 2023.
History: En. Sec. 5, Ch. 75, L. 1943; amd. Sec. 68, Ch. 310, L. 1974; R.C.M. 1947, 46-222.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-206. Repealed

81-2-206. Repealed.
Sec. 8, Ch. 75, L. 2023.
History: (1)En. Sec. 2, Ch. 262, L. 1921; re-en. Sec. 3261, R.C.M. 1921; re-en. Sec. 3261, R.C.M. 1935; amd. Sec. 20, Ch. 97, L. 1961; amd. Sec. 51, Ch. 310, L. 1974; Sec. 46-202, R.C.M. 1947; (2)En. Sec. 16, Ch. 262, L. 1921; re-en. Sec. 3275, R.C.M. 1921; re-en. Sec. 3275, R.C.M. 1935; amd. Sec. 21, Ch. 97, L. 1961; amd. Sec. 69, Ch. 310, L. 1974; amd. Sec. 15, Ch. 12, L. 1977; Sec. 46-224, R.C.M. 1947; R.C.M. 1947, 46-202, 46-224; amd. Sec. 2631, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-207. Repealed

81-2-207. Repealed.
Sec. 8, Ch. 75, L. 2023.
History: En. Sec. 17, Ch. 262, L. 1921; re-en. Sec. 3276, R.C.M. 1921; re-en. Sec. 3276, R.C.M. 1935; R.C.M. 1947, 46-225.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-208. Sale of condemned carcasses -- disposition of proceeds

81-2-208. Sale of condemned carcasses -- disposition of proceeds.
When the carcass of an animal ordered destroyed under this chapter is found on official postmortem inspection to be fit for human consumption, the owner must receive the net proceeds from the sale of the carcass. The proceeds must be deducted from the owner's claim against the state and county for the slaughter.
History: En. Sec. 18, Ch. 262, L. 1921; re-en. Sec. 3277, R.C.M. 1921; re-en. Sec. 3277, R.C.M. 1935; amd. Sec. 1, Ch. 177, L. 1937; amd. Sec. 70, Ch. 310, L. 1974; amd. Sec. 16, Ch. 12, L. 1977; R.C.M. 1947, 46-226; amd. Sec. 2632, Ch. 56, L. 2009; amd. Sec. 5, Ch. 75, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-209. When no indemnity

81-2-209. When no indemnity.
(1) The owner of an animal or property destroyed under this chapter is entitled to indemnity, except in the following cases:
(a) animals belonging to the United States;
(b) animals brought into this state that violate this chapter or rules of the department;
(c) animals that the owner or claimant knew to be diseased or had notice of the disease at the time they came into the owner's or claimant's possession;
(d) animals that had the disease for which they were slaughtered or that were destroyed because of exposure to the disease at the time of their arrival in this state;
(e) animals that have not been in this state for at least 120 days before the discovery of the disease;
(f) when the owner or agent has not used reasonable diligence to prevent disease or exposure to disease;
(g) when the owner or agent has not complied with the rules of the department with respect to animals condemned;
(h) when animals condemned are not destroyed within 60 days after they are determined to be affected with or exposed to a disease that requires them to be destroyed by order of the department.
(2) Compensation or indemnity will not be paid for the destruction of livestock affected with tuberculosis or other infectious, contagious, communicable, or dangerous disease unless the entire herd or band of affected livestock is under the supervision of the department for the eradication of the disease.
History: En. Sec. 19, Ch. 262, L. 1921; re-en. Sec. 3278, R.C.M. 1921; re-en. Sec. 3278, R.C.M. 1935; amd. Sec. 22, Ch. 97, L. 1961; amd. Sec. 72, Ch. 310, L. 1974; amd. Sec. 17, Ch. 12, L. 1977; R.C.M. 1947, 46-228; amd. Sec. 2633, Ch. 56, L. 2009; amd. Sec. 6, Ch. 75, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 2. Indemnity › 81-2-210. Compensation from federal government or other agency

81-2-210. Compensation from federal government or other agency.
(1) If the federal government or an agency other than the state compensates the owner for livestock or property destroyed by order of the department, the amount of the compensation from the federal government or other agency must be deducted from the owner's claim as filed against the state, that is, from the balance that remains after the net salvage price received from the sale or other disposal of the condemned animal has been deducted from the appraised value.
(2) If the owner or agent of the livestock or property destroyed by order of the department forfeits an indemnity, which the owner would otherwise be entitled to from the federal government or compensating agency other than the state, by violation of the rules of the federal government or other agency, an amount equal to the indemnity, which would have been paid by the federal government or other indemnifying agency but for the forfeiture must also be deducted from the owner's claim; that is, the balance that remains after the net salvage price received from the sale or other disposal of the condemned animal has been deducted from the appraised value.
History: En. Sec. 20, Ch. 262, L. 1921; re-en. Sec. 3279, R.C.M. 1921; re-en. Sec. 3279, R.C.M. 1935; amd. Sec. 3, Ch. 75, L. 1943; amd. Sec. 1, Ch. 164, L. 1945; amd. Sec. 73, Ch. 310, L. 1974; R.C.M. 1947, 46-229; amd. Sec. 7, Ch. 75, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 3. Disease Control Area › 81-2-301. Establishment of livestock disease control area -- entry into area -- compulsory inspection

81-2-301. Establishment of livestock disease control area -- entry into area -- compulsory inspection.
(1) Upon receipt of a petition signed by not less than 75% of the livestock owners of the species of animals to be inspected, tested, treated, or vaccinated, representing not less than 50% of such species in any school district, as determined from the permanent records of the board of county commissioners describing school district boundaries of any county in the state of Montana, petitioning for the area control, treatment, prevention, or eradication of any dangerous disease of livestock within such school district, the board may establish such school district as a disease control area and may enforce the inspection, test, treatment, or vaccination of all livestock of the species designated within such school district in accordance with the rules promulgated by the department for the inspection, eradication, treatment, or vaccination of such livestock and may reimburse the owners of livestock slaughtered by order of the department or its authorized agent in accordance with the laws of Montana governing the payment of such animal or animals.
(2) In any circumscribed disease control area as established under this section by the department, no other livestock of the species designated by the department to be inspected, tested, treated, or vaccinated may enter the disease control area unless inspected, tested, treated, or vaccinated under the direction of the department or accompanied by a satisfactory health certificate or except under special permit and restrictions provided by the department.
(3) When 75% or more of the school districts in any county in Montana are established under this section by the department as disease control areas, it becomes mandatory on the part of the remaining livestock owners in such county to submit their livestock of one or more species for inspection, test, treatment, or vaccination, as directed by the department.
History: En. Sec. 1, Ch. 94, L. 1943; amd. Sec. 1, Ch. 27, L. 1973; amd. Sec. 11, Ch. 12, L. 1977; R.C.M. 1947, 46-212.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 3. Disease Control Area › 81-2-302. Duty of department of revenue

81-2-302. Duty of department of revenue.
The property tax record of the county in which the disease control area is to be established is the basis for computing the required percentage of livestock owners and livestock. The department of revenue shall certify to the department when the necessary 75% of the owners of livestock representing not less than 50% of the species of livestock to be inspected, tested, treated, or vaccinated have signed the required petition.
History: En. Sec. 2, Ch. 94, L. 1943; amd. Sec. 60, Ch. 310, L. 1974; R.C.M. 1947, 46-213; amd. Sec. 149, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 3. Disease Control Area › 81-2-303. Owner guilty of misdemeanor, when

81-2-303. Owner guilty of misdemeanor, when.
A person in a disease control area who does not gather the person's livestock after being notified by the department or its agent to have the livestock available or who refuses to have the livestock inspected, tested, treated, or vaccinated or who violates this part is guilty of a misdemeanor.
History: En. Sec. 3, Ch. 94, L. 1943; amd. Sec. 61, Ch. 310, L. 1974; R.C.M. 1947, 46-214; amd. Sec. 2634, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 4. Regulation of Semen Used for Artificial Insemination (Repealed) › 81-2-401. Repealed

81-2-401. Repealed.
Sec. 2, Ch. 125, L. 2019.
History: En. Secs. 2, 3, Ch. 37, L. 1953; R.C.M. 1947, 46-2502, 46-2503.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 4. Regulation of Semen Used for Artificial Insemination (Repealed) › 81-2-402. Repealed

81-2-402. Repealed.
Sec. 2, Ch. 125, L. 2019.
History: En. Sec. 5, Ch. 37, L. 1953; amd. Sec. 2, Ch. 102, L. 1973; R.C.M. 1947, 46-2505.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 4. Regulation of Semen Used for Artificial Insemination (Repealed) › 81-2-403. Repealed

81-2-403. Repealed.
Sec. 2, Ch. 125, L. 2019.
History: En. Sec. 15, Ch. 37, L. 1953; amd. Sec. 1, Ch. 102, L. 1973; amd. Sec. 170, Ch. 310, L. 1974; R.C.M. 1947, 46-2515.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-501. Definitions

81-2-501. Definitions.
When used in this part, the following definitions apply:
(1) "Garbage" means wastes resulting from the handling, preparation, cooking, and consumption of animal products, including animal carcasses or parts of animal carcasses, or other refuse of any character that has been associated with any animal products, including animal carcasses or parts of animal carcasses. Waste products that do not contain animal products are not considered garbage for the purpose of garbage feeding.
(2) "Garbage feeder" means a person who handles, prepares, cooks, or otherwise treats garbage to feed to swine or other animals, as well as a person who feeds garbage to swine or other animals.
(3) "Person" means the state, any municipality, political subdivision, school district, institution, public or private corporation, individual, partnership, or other entity.
History: En. Sec. 1, Ch. 63, L. 1953; R.C.M. 1947, 46-2601; amd. Sec. 1, Ch. 47, L. 2013; amd. Sec. 1, Ch. 126, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-502. Illegal to feed garbage to swine

81-2-502. Illegal to feed garbage to swine.
(1) It is unlawful to handle, prepare, cook, or otherwise treat garbage to feed to swine or other animals or to feed garbage to swine or other animals.
(2) This part does not apply to a person who feeds only the person's own household garbage to swine or other animals under their ownership.
History: En. Sec. 2, Ch. 63, L. 1953; amd. Sec. 171, Ch. 310, L. 1974; R.C.M. 1947, 46-2602; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 6, Ch. 444, L. 1983; amd. Sec. 2635, Ch. 56, L. 2009; amd. Sec. 2, Ch. 126, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-503. Repealed

81-2-503. Repealed.
Sec. 5, Ch. 126, L. 2023.
History: En. Sec. 3, Ch. 63, L. 1953; amd. Sec. 172, Ch. 310, L. 1974; R.C.M. 1947, 46-2603.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-504. Power to adopt rules

81-2-504. Power to adopt rules.
The department shall administer and enforce this part, including the adoption and enforcement of rules or orders as necessary.
History: En. Sec. 4, Ch. 63, L. 1953; amd. Sec. 173, Ch. 310, L. 1974; R.C.M. 1947, 46-2604; amd. Sec. 3, Ch. 126, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-505. Repealed

81-2-505. Repealed.
Sec. 5, Ch. 126, L. 2023.
History: En. Sec. 5, Ch. 63, L. 1953; amd. Sec. 174, Ch. 310, L. 1974; R.C.M. 1947, 46-2605.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-506. Power to administer oaths, subpoena witnesses, and receive evidence

81-2-506. Power to administer oaths, subpoena witnesses, and receive evidence.
The department or its agent may administer oaths, subpoena witnesses, and receive evidence in order to carry out this part.
History: En. Sec. 8, Ch. 63, L. 1953; amd. Sec. 177, Ch. 310, L. 1974; R.C.M. 1947, 46-2608.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-507. Repealed

81-2-507. Repealed.
Sec. 5, Ch. 126, L. 2023.
History: En. Sec. 6, Ch. 63, L. 1953; amd. Sec. 175, Ch. 310, L. 1974; R.C.M. 1947, 46-2606.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-508. Repealed

81-2-508. Repealed.
Sec. 5, Ch. 126, L. 2023.
History: En. Sec. 7, Ch. 63, L. 1953; amd. Sec. 176, Ch. 310, L. 1974; R.C.M. 1947, 46-2607.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-509. Repealed

81-2-509. Repealed.
Sec. 5, Ch. 126, L. 2023.
History: En. Sec. 9, Ch. 63, L. 1953; amd. Sec. 178, Ch. 310, L. 1974; R.C.M. 1947, 46-2609.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 2. Disease Control › Part 5. Treatment of Garbage Fed to Swine › 81-2-510. Garbage originating on or removed from airplanes not to be fed

81-2-510. Garbage originating on or removed from airplanes not to be fed.
Garbage originating on or removed from airplanes landing in this state may not be fed to swine or other animals.
History: En. Sec. 10, Ch. 63, L. 1953; amd. Sec. 179, Ch. 310, L. 1974; R.C.M. 1947, 46-2610; amd. Sec. 4, Ch. 126, L. 2023.