reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.2 - Montana Environmental Policy Act › Rule 32.2.240 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) Information declared confidential by
				state law or by an order of a court must be excluded from an EA and EIS. The
				agency shall briefly state the general topic of the confidential information
				excluded.
Sec.
					 2-4-201 MCA; IMP, Sec.
					 2-4-201,
					 75-1-201
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.2 - Montana Environmental Policy Act › Rule 32.2.241 - RESOLUTION OF STATUTORY CONFLICTS

Current through Register Vol. 13, July 5, 2024
(1)
				Whenever a conflicting provision of another state law prevents the agency from
				fully complying with these rules, the agency shall notify the governor and the
				EQC of the nature of the conflict and shall suggest a proposed course of action
				that will enable the agency to comply to the fullest extent possible with the
				provisions of MEPA. This notification must be made as soon as practical after
				the agency recognizes that a conflict exists, and no later than 30 days
				following such recognition.
(2) The
				agency has a continuing responsibility to review its programs and activities to
				evaluate known or anticipated conflicts between these rules and other statutory
				or regulatory requirements. It shall make such adjustments or recommendations
				as may be required to ensure maximum compliance with MEPA and these
				rules.
Sec.
					 2-4-201 MCA; IMP, Sec.
					 2-4-201,
					 75-1-201
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.2 - Montana Environmental Policy Act › Rule 32.2.242 - CONTRACTS AND DISCLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The agency may
				contract for preparation of an EIS or portions thereof. Whenever an EIS or
				portion thereof is prepared by a contractor, the agency shall furnish guidance
				and participate in the preparation, independently evaluate the statement or
				portion thereof prior to its approval, and take responsibility for its scope
				and content.
(2) A person
				contracting with the agency in the preparation of an EIS must execute a
				disclosure statement, in affidavit form prepared by the agency, specifying that
				he or she has no financial or other interest in the outcome of the proposed
				action other than a contract with the agency.
Sec.
					 2-4-201 MCA; IMP, Sec.
					 2-4-201,
					 75-1-201
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.2 - Montana Environmental Policy Act › Rule 32.2.243 - PUBLIC HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				public hearing is held on an EIS or an EA, the agency shall issue a news
				release or legal notice to newspapers of general circulation in the area to be
				affected by the proposed action prior to the hearing. The news release or legal
				notice must advise the public of the nature of testimony the agency wishes to
				receive at the hearing. The hearing must be held after the draft EIS has been
				circulated and prior to preparation of the final EIS. A hearing involving an
				action for which an EA was prepared must be held after the EA has been
				circulated and prior to any final agency determinations concerning the proposed
				action. In cases involving an applicant, the agency shall allow an applicant a
				reasonable time to respond in writing to comments made at a public hearing,
				notwithstanding the time limits contained in ARM
				32.2.232. The applicant may waive
				his right to respond to comments made at a hearing.
(2) In addition to the procedure in (1)
				above, the agency shall take such other steps as are reasonable and appropriate
				to promote the awareness by interested parties of a scheduled
				hearing.
(3) The agency shall hold
				a public hearing whenever requested within 20 days of issuance of the draft EIS
				by either:
(a) 10% or 25, whichever is less,
				of the persons who will be directly affected by the proposed action;
(b) by another agency which has jurisdiction
				over the action;
(c) an association
				having not less than 25 members who will be directly affected by the proposed
				action; or
(d) the applicant, if
				any.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.2 - Montana Environmental Policy Act › Rule 32.2.244 - FEES: DETERMINATION OF AUTHORITY TO IMPOSE

Current through Register Vol. 13, July 5, 2024
(1) Whenever an application for a lease,
				permit, contract, license or certificate is expected to result in the agency
				incurring expenses in excess of $2,500 to compile an EIS, the applicant is
				required to pay a fee in an amount the agency reasonably estimates, as set
				forth in this rule, will be expended to gather information and data necessary
				to compile an EIS.
(2) The agency
				shall determine within 30 days after a completed application is filed whether
				it will be necessary to compile an EIS and assess a fee as prescribed by this
				rule. If it is determined that an EIS is necessary, the agency shall make a
				preliminary estimate of its costs. This estimate must include a summary of the
				data and information needs and the itemized costs of acquiring the data and
				information, including salaries, equipment costs and other expenses associated
				with the collection of data and information for the EIS.
(3) Whenever the preliminary estimated costs
				of acquiring the data and information to prepare an EIS total more than $2,500,
				the agency shall notify the applicant that a fee must be paid and submit an
				itemized preliminary estimate of the cost of acquiring the data and information
				necessary to compile an EIS. The agency shall also notify the applicant to
				prepare and submit a notarized and detailed estimate of the cost of the project
				being reviewed in the EIS within 15 days. In addition, the agency shall request
				the applicant to describe the data and information available or being prepared
				by the applicant which can possibly be used in the EIS. The applicant may
				indicate which of the agency's estimated costs of acquiring data and
				information for the EIS would be duplicative or excessive. The applicant must
				be granted, upon request, an extension of the 15-day period for submission of
				an estimate of the project's cost and a critique of the agency's preliminary
				EIS data and information accumulation cost assessment.
Sec.
					 2-4-201 MCA; IMP, Sec.
					 2-4-201,
					 75-1-201
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.2 - Montana Environmental Policy Act › Rule 32.2.245 - FEES: DETERMINATION OF AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				After receipt of the applicant's estimated cost of the project and analysis of
				an agency's preliminary estimate of the cost of acquiring information and data
				for the EIS, the agency shall notify the applicant within 15 days of the final
				amount of the fee to be assessed. The fee assessed must be based on the
				projected cost of acquiring all of the information and data needed for the EIS.
				If the applicant has gathered or is in the process of gathering information and
				data that can be used in the EIS, the agency shall only use that portion of the
				fee that is needed to verify the information and data. Any unused portion of
				the fee assessed may be returned to the applicant within a reasonable time
				after the information and data have been collected or the information and data
				submitted by the applicant have been verified, but in no event later than the
				deadline specified in these rules. The agency may extend the 15-day period
				provided for review of the applicant's submittal but not to exceed 45 days if
				it believes that the project cost estimate submitted is inaccurate or
				additional information must be obtained to verify the accuracy of the project
				cost estimate. The fee assessed must not exceed the limitations provided in
				75-1-203(2),
				MCA.
(2) If an applicant believes
				that the fee assessed is excessive or does not conform to the requirements of
				this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a
				hearing pursuant to the contested case provisions of the Montana Administrative
				Procedure Act. If a hearing is held on the fee assessed as authorized by this
				rule, the agency shall proceed with its analysis of the project wherever
				possible. The fact that a hearing has been requested is not grounds for
				delaying consideration of an application except to the extent that the portion
				of the fee in question affects the ability of the department to collect the
				data and information necessary for the EIS.
Sec.
					 2-4-201 MCA; IMP, Sec.
					 2-4-201,
					 75-1-201
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.2 - Montana Environmental Policy Act › Rule 32.2.246 - USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The fee
				assessed hereunder may only be used to gather data and information necessary to
				compile an EIS. No fee may be assessed if an agency intends only to compile an
				EA or a programmatic review. If a department collects a fee and later
				determines that additional data and information must be collected or that data
				and information supplied by the applicant and relied upon by the agency are
				inaccurate or invalid, an additional fee may be assessed under the procedures
				outlined in these rules if the maximum fee has not been collected.
(2) Whenever the agency has completed work on
				the EIS, it shall submit to the applicant a complete accounting of how any fee
				was expended. If the money expended is less than the fee collected, the
				remainder of the fee shall be refunded to the applicant without interest within
				45 days after work has been completed on the final EIS.
Sec.
					 2-4-201 MCA; IMP, Sec.
					 2-4-201,
					 75-1-201
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.3 - Fees For Environmental Impact Statements › Rule 32.2.301 - DETERMINATION WHETHER FEE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) When an
				application for a lease, permit, contract, license or certificate is expected
				to result in the department incurring expenses in excess of $2,500 to compile
				an environmental impact statement, the applicant must be required to pay a fee
				in an amount which the department reasonably estimates, as set forth in this
				sub-chapter, will be expended to gather information and data necessary to
				compile an EIS.
(2) The department
				will determine within 30 days after a completed application is filed whether it
				will be necessary to compile an environmental impact statement and assess a fee
				as prescribed by this rule. If it is determined that an environmental impact
				statement is necessary, the department must make a preliminary estimate of the
				costs to compile the statement. This estimate will include a summary of the
				data and information needs and the itemized cost of acquiring the data and
				information, including salaries, equipment costs and any other expense
				associated with the collection of data and information for the EIS.
Secs.
					 75-1-202,
					 75-1-204 MCA; IMP, Sec.
					 75-1-202
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.3 - Fees For Environmental Impact Statements › Rule 32.2.302 - NOTIFICATION TO APPLICANT THAT FEE IS REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) If the preliminary estimated costs of
				acquiring the data and information to prepare an EIS total more than $2,500,
				the department must notify the applicant that a fee must be paid and submit an
				itemized preliminary estimate of the cost of acquiring the data and information
				necessary to compile an EIS. The applicant must also be advised that a
				notarized and detailed estimate of the cost of the project being reviewed in
				the EIS must be submitted within 15 days after receipt of the request. In
				addition, the applicant must be asked to describe the data and information
				available or being prepared by the applicant which can possibly be used in the
				EIS. The applicant may indicate which of the department's estimated costs of
				acquiring data and information for the EIS would be duplicative or excessive.
				The applicant must be granted upon request an extension of the 15 day time
				period of submission of an estimate of the project's cost and a critique of the
				department's preliminary EIS data and information accumulation cost
				assessment.
Secs.
					 75-1-202,
					 75-1-204 MCA; IMP, Sec.
					 75-1-202
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.3 - Fees For Environmental Impact Statements › Rule 32.2.303 - COMPUTATION OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The estimated
				cost of a project submitted by the applicant as required by this chapter must
				include an itemized list of the estimated construction, engineering, land
				acquisition and contingency costs showing various components and how costs are
				calculated in the following manner:
(a) For
				new facilities or additions to existing facilities that are subject to the
				permit provisions of
				75-2-211 MCA, of the Clean Air Act
				of Montana, the estimated cost must be itemized by components which have
				different functions, including, where appropriate, building structure, boiler,
				generator, acid plant, cooling tower, precipitator, scrubber, baghouse, and any
				other components associated with the operational, production or pollution
				control system which is covered by the application. The provisions of this rule
				do not apply to applications for a variance under
				75-2-212 MCA, of the Clean Air Act
				of Montana. A filing fee must be paid as specified in that section for such
				applications.
(b) For new
				facilities or additions to existing facilities that are subject to the permit
				provisions of Water Pollution Control Act of Montana, the estimated cost must
				be itemized by components which have different functions, including, where
				appropriate, building structure, production components, treatment works, such
				as pumps, pipes, lining materials, ponds, ditches, diversions, dams, dikes and
				mechanical treatment works and any other component associated with the
				operational, production and pollution control system which is covered by the
				application.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.3 - Fees For Environmental Impact Statements › Rule 32.2.304 - HEARING TO CONTEST FEE

Current through Register Vol. 13, July 5, 2024
(1) If an applicant
				for a lease, permit, contract, license or certificate believes that the fee
				assessed is excessive or does not conform to the requirements of this chapter
				or section
				75-1-203 MCA, the applicant may
				request a hearing before the department pursuant to the contested case
				provisions of the Montana Administrative Procedure Act. If a hearing is held on
				the fee assessed as authorized by this rule, the department must proceed with
				its analysis of the project wherever possible.
The fact that a hearing has been requested may not be grounds
				  for delaying consideration of an application except to the extent that the
				  portion of the fee in question affects the ability of the department to collect
				  the data and information necessary for the EIS.
Secs.
					 75-1-202,
					 75-1-204 MCA; IMP, Sec.
					 75-1-202
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.3 - Fees For Environmental Impact Statements › Rule 32.2.305 - USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The fee
				assessed hereunder may only be used to gather data and information necessary to
				compile an environmental impact statement. No fee may be assessed if the
				department intends only to compile a preliminary environmental review or a
				programmatic review. If the department collects a fee and later determines that
				additional data and information must be collected or that data and information
				supplied by the applicant and relied upon by the department is inaccurate or
				invalid, an additional fee may be assessed under the procedures outlined in
				sections 32.2.301,
				32.2.302, and
				32.2.303 of this rule if the
				maximum fee has not been collected as provided by rule 32.2.303.
Secs.
					 75-1-202,
					 75-1-204 MCA; IMP, Secs.
					 75-1-202,
					 75-1-205
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.3 - Fees For Environmental Impact Statements › Rule 32.2.306 - ACCOUNTING FOR USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) When the
				department has completed work on the EIS, a complete accounting of how the
				department expended the fee collected must be submitted to the applicant. If
				the cost of compiling an environmental impact statement is less than the fee
				collected, the remainder of the fee must be refunded to the applicant without
				interest within 45 days after work has been completed on the final
				EIS.
Secs.
					 75-1-202,
					 75-1-204 MCA; IMP, Secs.
					 75-1-202,
					 75-1-205
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.3 - Fees For Environmental Impact Statements › Rule 32.2.307 - DEPARTMENT TO ASSIST IN ESTIMATING COSTS

Current through Register Vol. 13, July 5, 2024
(1)
				The department will make every effort to assist the applicant in preparing an
				estimated cost of a project. Furthermore, the department will make appropriate
				personnel available to the applicant to discuss the department's estimated cost
				of compiling the information and data necessary for the EIS. After a fee has
				been collected and work on the compilation of data and information necessary
				for the EIS is begun, it is the intention of the department to return all
				unused or unneeded portions of the fee as promptly as possible.
Secs.
					 75-1-202,
					 75-1-204 MCA; IMP, Sec.
					 75-1-202
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.4 - Fees For Licenses And Permits › Rule 32.2.401 - DEPARTMENT OF LIVESTOCK ANIMAL HEALTH DIVISION FEES

Current through Register Vol. 13, July 5, 2024
(1) Certifications:
(a) Brucella ovis-free flocks certification -
				new $40.00
(b) Brucella ovis-free
				flocks certification - renewal 18.00
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.4 - Fees For Licenses And Permits › Rule 32.2.402 - PENALTY FEES FOR NONRENEWAL OF LICENSES AND PERMITS

Current through Register Vol. 13, July 5, 2024
(1) If a person or business fails to apply
				for renewal under
				81-22-208, MCA, a penalty of $5
				per month or fraction of a month after January 31 may be imposed by the
				department.
81-22-208, MCA; IMP,
					 81-22-208,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.4 - Fees For Licenses And Permits › Rule 32.2.403 - DIAGNOSTIC LABORATORY FEES

Current through Register Vol. 13, July 5, 2024
(1) Services
				available through the Montana Department of Livestock Veterinary Diagnostic
				Laboratory (MVDL) are listed in the chart in (3), entitled MVDL Services and
				Fees.
(a) Mailing costs:
(i) all submissions must have shipping cost
				or postage prepaid;
(ii) "collect
				on delivery" shipments are not accepted;
(iii) any mailing costs incurred by the
				laboratory will be billed to the submitter.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.4 - Fees For Licenses And Permits › Rule 32.2.404 - BRANDS ENFORCEMENT DIVISION FEES

Current through Register Vol. 13, July 5, 2024
(1) New brands and
				transfers:
(a) Recording of a new brand or
				mark:
(i) Recording of a new brand or mark
				during a rerecord year will not incur an additional rerecord charge.
(ii) Livestock or ornamental
				$200.00
(iii) Seasonal brand for
				going to grass 200.00
(iv) Seasonal
				brand for going to feed lot, market, or location 50.00
(v) Cattle freeze brand in addition to hot
				iron brand 10.00
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.4 - Fees For Licenses And Permits › Rule 32.2.405 - DEPARTMENT OF LIVESTOCK MEAT INSPECTION AND MILK AND EGG BUREAU FEES

Current through Register Vol. 13, July 5, 2024
(1) Meat inspection:
(a) Slaughterhouse, meat packing house, meat
				depot, or mobile slaughter facility license $25.00
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.4 - Fees For Licenses And Permits › Rule 32.2.406 - LICENSEE ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				81-23-202, MCA, the following
				assessment is levied: a fee of $0.14 per hundredweight per month, with a
				minimum of $50.00 per month, whichever is greater, or a maximum of $1,050.00
				per month, on the volume of all classes of milk produced and sold by a person
				licensed by the Milk and Egg Bureau of the department, to be used for the
				administration of the milk inspection and milk diagnostic laboratory functions
				of the department. For a person licensed both as a dairy and as another
				licensee, only one assessment will be levied, whichever assessment is
				higher.
(2) The fee assessed in (1)
				must be paid before the 25th day of each month for milk sold in the preceding
				month.
(3) The fee assessed in (1)
				must be paid to the department in accordance with ARM
				32.23.102(1).
AUTH:
					 81-1-102,
					 81-23-202, MCA; IMP:
					 81-1-102,
					 81-23-202,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.5 - Inspector Examination and Certification › Rule 32.2.501 - INSPECTOR EXAMINATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The inspector examination set for passage by the Montana law enforcement
				academy and the requirements for passage thereof are hereby adopted by the
				Montana board of livestock for those inspectors designated as law enforcement
				officers pursuant to the provisions of
				81-1-201, MCA.
Sec.
					 81-1-201,
					 81-3-202 MCA; IMP, Sec.
					 81-3-202
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.2 - OVERALL DEPARTMENT RULES › Subchapter 32.2.5 - Inspector Examination and Certification › Rule 32.2.502 - CERTIFICATION OF SPECIALLY QUALIFIED DEPUTY STOCK INSPECTORS

Current through Register Vol. 13, July 5, 2024
(1) Persons already appointed as "deputy
				state stock inspectors" as defined in
				81-3-201(1), MCA,
				may become appointed as "specially qualified deputy stock inspectors" as
				defined in
				81-3-201(5), MCA,
				upon completion of and according to the following criteria:
(a) recommendation for appointment by the
				appropriate district investigator which must be based, at least in part, on the
				district investigator's personal knowledge of the applicant's demonstrated
				ability to conduct accurate and timely livestock investigations;
(b) completion of a written examination by
				correctly answering 80% of 25 multiple choice and true/false questions
				pertaining to horse inspection laws, specifically,
				81-3-205,
				81-3-210,
				81-3-211, and
				81-3-212, MCA;
(c) successful completion of a practical
				examination that requires the deputy state stock inspector to correctly and
				accurately complete the lifetime permit from a color photo of:
(i) an owner-raised no-brand horse with
				specific markings;
(ii) a horse
				with specific markings branded with owners brand, taking up proof of
				ownership;
(iii) a branded horse
				with specific markings, taking up proof of ownership and health certificate;
				and
(iv) a branded horse with
				specific markings that was purchased out-of-state;
(d) within 30 days, complete 10 separate
				lifetime inspections without error under the direct supervision of the district
				investigator;
(e) demonstrate
				ability to:
(i) correctly verify brand
				ownership through the brand office;
(ii) transfer bills of sale; and
(iii) deny permit applications due to
				incomplete or inadequate supporting documentation;
(f) failure to comply with relevant statutes,
				rules, or department of livestock policy may result in immediate termination of
				appointment.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.101 - QUARANTINE AND RELEASE OF QUARANTINE (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.102 - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) "Animals" as used in this subchapter is
				defined in ARM
				32.3.201.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.103 - SUBJECT ANIMALS

Current through Register Vol. 13, July 5, 2024
(1) Animals are
				subject to the rules of this subchapter if:
(a) they are affected with, directly exposed
				to, or suspected of being affected with or exposed to a disease or condition
				found in ARM
				32.3.104 or made subject to this
				subchapter through ARM 32.3.104;
(b) the owner or person in control of the
				animals refuses to submit to any tests or treatments required or permitted
				under the laws of Montana or the administrative rules of the Department of
				Livestock.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.104 - SUBJECT DISEASES OR CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) Diseases or
				conditions affecting multiple species that require reporting, and quarantine
				when indicated, under department rules are:
(a) Akabane virus;
(b) Anthrax (Bacillus anthracis)
				(quarantine);
(c)
				Bluetongue;
(d) Brucellosis, bovine
				(Brucella abortus) (quarantine);
(e) Brucellosis, caprine and ovine (Brucella
				melitensis) (quarantine);
(f)
				Brucellosis, porcine (Brucella suis) (quarantine);
(g) Crimean Congo hemorrhagic fever
				(quarantine);
(h)
				Echinococcosis/hydatidosis;
(i)
				Foot and mouth disease (FMD) (quarantine);
(j) Heartwater (Cowdria ruminantium)
				(quarantine);
(k)
				Heartworm;
(l) Japanese
				encephalitis (quarantine);
(m)
				Leishmaniasis;
(n) Longhorned
				tick;
(o) Mange, psoroptic
				(Psoroptes ovis) (quarantine);
(p)
				Mange, chorioptic (Chorioptes bovis);
(q) Mange, sarcoptic (Sarcoptes scabiei
				bovis);
(r) Melioidosis;
(s) New and Old World Screwworm (Cochliomya
				[Callitroga] hominivorax Chrysomya bezziana) (quarantine);
(t) Paratuberculosis (Johne's Disease,
				Mycobacterium paratuberculosis);
(u) Plague (Yersinia pestis);
(v) Pseudorabies (Aujeszky's disease)
				(quarantine);
(w) Q-Fever (Coxiella
				burnetti);
(x) Rabies
				(quarantine);
(y) Rift Valley fever
				(quarantine);
(z) Rinderpest
				(quarantine);
(aa) Salmonellosis
				(Salmonella enteritidis enteritidis);
(ab) Trichinellosis (Trichinella
				spiralis);
(ac) Tuberculosis
				(Mycobacterium bovis) (quarantine);
(ad) Tularemia (Francisella
				tularensis);
(ae) Vesicular
				stomatitis (VS) (quarantine);
(af)
				West Nile fever/encephalitis (WNV).
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.105 - SUPPLEMENTAL QUARANTINE PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				quarantine rules of this subchapter may be supplemented by generally accepted
				veterinary practices; the order of the state veterinarian; and the issued
				policies of the Department of Livestock.
(2) Specific quarantine procedures for
				diseases not in this subchapter but subject to the rules of the department may
				be supplemented with these general quarantine rules by order of the state
				veterinarian.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.106 - QUARANTINE - WHO MAY ISSUE

Current through Register Vol. 13, July 5, 2024
(1) Any Montana
				deputy state veterinarian or any authorized quarantine agent of the Department
				of Livestock may issue a quarantine.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.107 - RESPONSIBILITY OF OWNER OR POSSESSOR

Current through Register Vol. 13, July 5, 2024
(1) Any
				owner or possessor of animals who knows or suspects that the animals are
				affected with or have been exposed to a quarantinable disease or condition
				shall immediately confine the animals separate and apart from other
				animals.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.108 - QUARANTINE AND RELEASE OF QUARANTINE

Current through Register Vol. 13, July 5, 2024
(1)
				Animals subject to quarantine shall be, as soon as it is practicable,
				quarantined separate and apart from other susceptible animals. If possible,
				they shall be quarantined in an inside enclosure.
(2) Quarantined animals shall be identified
				by brand, tattoo, dye mark, eartag, or other identification acceptable to the
				Montana Department of Livestock.
(3) The person who issues the quarantine
				shall designate the number of animals quarantined, their approximate age, breed
				class, species, sex, a description of the mark or brand identifying the
				animals, and a clear and distinct identification of the area in which they are
				to be quarantined.
(4) The person
				issuing the quarantine shall deliver personally or forward through the United
				States mail, by registered mail return receipt requested with instructions to
				deliver to the addressee only, the notice of quarantine to the owner or agent
				of the animals quarantined.
(5) The
				person issuing the quarantine shall also immediately deliver notice personally
				or by mail to the state veterinarian.
(6) Where quarantined animals are shipped for
				immediate slaughter under permit from the Montana Department of Livestock, the
				veterinarian issuing the permit will use the approved federal and state
				form.
(7) Quarantine may be removed
				by or with the approval of the deputy state veterinarian issuing the quarantine
				or by any authorized quarantine agent of the Department of Livestock when he is
				satisfied that, according to generally accepted veterinary practice, the
				animals are not affected with or have not been directly exposed to a
				quarantinable disease.
AUTH:
					 81-2-102,
					 81-2-103,
					 81-20-101,
					 MCA; IMP:
					 81-2-102,
					 81-2-103,
					 81-20-101,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.109 - ANIMALS IN TRANSIT

Current through Register Vol. 13, July 5, 2024
(1) The state
				veterinarian or his agent may examine all animals passing through Montana and,
				upon detection or suspicion of any quarantinable disease, may take possession
				of and treat and dispose of animals in transit in the same manner as animals
				resident in Montana.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.110 - BREAKING OF QUARANTINE

Current through Register Vol. 13, July 5, 2024
(1) No person may
				remove any animals from a quarantine area or bring any animals into a
				quarantine area without the permission of the person issuing the
				quarantine.
(2) Violation of
				quarantine is punishable by
				81-2-113, MCA and other applicable
				provision of the MCA.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.111 - EPIZOOTIC AREA

Current through Register Vol. 13, July 5, 2024
(1) The state
				veterinarian, upon deciding that there is or may be an outbreak of a disease or
				condition quarantinable under this subchapter, may declare any area of the
				state an epizootic area.
(2) No
				person may remove any animals from an epizootic area or bring any animals into
				an epizootic area without the permission of the state veterinarian or his
				authorized agent.
(3) Violation of
				this rule is punishable by
				81-2-112, MCA and other applicable
				provision of the MCA.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.116 - REGULATIONS AND ORDERS FOR EXOTIC AND OTHER EXTREMELY DANGEROUS DISEASES

Current through Register Vol. 13, July 5, 2024
(1) In the case of an outbreak of foot and
				mouth disease, rinderpest, surra, contagious pleuropneumonia, or any other
				extremely dangerous disease, regulations promulgated by the United States
				Department of Agriculture, Animal and Plant Health Inspection Service,
				Veterinary Services, for the control of such diseases automatically become
				rules or orders of the Montana Department of Livestock, Animal Health
				Division.
(2) In the case of an
				outbreak of any such disease, the state veterinarian must promulgate and
				enforce any rule or order that he may deem necessary to prevent the
				introduction of such disease and to control and eradicate such disease. Any
				rule or order issued by him has the same effect at law as though promulgated or
				approved at a meeting of the Montana Board of Livestock.
(3) The state veterinarian must promulgate
				and enforce such rules or regulations as he may consider necessary to prevent
				the introduction into the state of Montana or to control and eradicate any
				disease which may or may not now exist in the United States and which is not
				specifically covered by a rule of the Montana Department of Livestock, Animal
				Health Division.
(4) Any order or
				rule issued by the United States Department of Agriculture, Animal and Plant
				Health Inspection Service, Veterinary Services, or the state veterinarian is
				subject to review as provided in section
				81-1-302, MCA.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.125 - DISPOSAL OF CARCASSES

Current through Register Vol. 13, July 5, 2024
(1) Carcasses of
				animals that have died from other causes than anthrax must be disposed of in a
				satisfactory manner so as not to become a public nuisance or a menace to
				livestock or poultry. Carcasses of dead animals may not be disposed of along
				public highways, streams, lakes, or rivers, or allowed to remain on the ground
				surface so as to become a public nuisance or a menace to livestock or
				poultry.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.130 - VEHICLES USED FOR TRANSPORTATION OF LIVESTOCK TO BE CLEAN

Current through Register Vol. 13, July 5, 2024
(1) Any railway, transportation company, or
				individual whose car, truck, or conveyance is used for hire to transport
				livestock from one place to another within the state of Montana or into the
				state of Montana must properly clean such car, truck or conveyance before
				conveying livestock within or into the state of Montana.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.131 - VEHICLES USED IN TRANSPORTING DISEASED LIVESTOCK TO BE CLEANED AND DISINFECTED

Current through Register Vol. 13, July 5, 2024
(1) Any railway, transportation company, or
				individual must properly clean and disinfect, under the supervision of an
				authorized state livestock sanitary official or an official approved by the
				U.S. Department of Agriculture, any car, truck, or conveyance which has held an
				animal or poultry infected with an infectious, contagious disease before using
				such car, truck, or conveyance for the transportation or conveyance of animals
				into or within the state of Montana.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.132 - CLEANED AND DISINFECTED VEHICLES TO BE PLACARDED

Current through Register Vol. 13, July 5, 2024
(1) A car, truck or conveyance cleaned and
				disinfected in accordance with the provisions of ARM
				32.3.131 must be placarded with a
				placard signed and dated by the officer supervising the cleaning and
				disinfecting, certifying that the car, truck or conveyance has been properly
				cleaned and disinfected under his supervision.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.136 - PSEUDORABIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-2-102, MCA; IMP,
					 81-2-102,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.137 - AUTHORITY TO SEIZE AND DESTROY ARTICLES, PRODUCTS, AND COMMODITIES

Current through Register Vol. 13, July 5, 2024
(1) Agents of the Montana Department of
				Livestock, Animal Health Division, are authorized and it shall be their duty to
				destroy and render unfit for human or livestock consumption any meat, meat food
				products, or dairy food products which, in their judgment and in accordance
				with the regulations of the Montana Department of Livestock, Animal Health
				Division, are unfit for human or livestock consumption.
(2) All duly authorized agents of the Montana
				Department of Livestock, Animal Health Division, are hereby authorized to seize
				all milk or cream or other dairy food products and animal food products which
				may be brought into the state of Montana in violation of the provisions of ARM
				32.3.101, or the rules of the
				Montana Department of Livestock, Animal Health Division. The owner or agent of
				any such product shall be notified at once of such seizure, and if he or she
				shall fail to direct the removal of such product from the state of Montana
				within 24 hours, the agent of the Montana Department of Livestock, Animal
				Health Division, may destroy or otherwise dispose of such product.
(3) All authorized agents of the Montana
				Department of Livestock, Animal Health Division, are hereby authorized to
				seize, confiscate, order returned or destroyed, hold for disinfection, or
				otherwise treat any article, product, or commodity brought into the state of
				Montana in violation of any law, governor's proclamation or Montana Department
				of Livestock, Animal Health Division, order or rule promulgated for the
				protection of the livestock industry, or to guard against the importation of
				disease or diseases which may affect or endanger livestock.
81-2-102,
					 81-20-101, MCA; IMP,
					 81-2-102,
					 81-20-101,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.138 - DEPUTY STATE VETERINARIAN DEFINITION

Current through Register Vol. 13, July 5, 2024
(1)
				"Department" means the Department of Livestock.
(2) "Deputy State Veterinarian" means a
				veterinarian licensed in the state of Montana and deputized to perform state
				functions pursuant to ARM
				32.3.139 of this subchapter who is
				not a current employee of the department or the United States Department of
				Agriculture (USDA).
81-2-102,
					 81-2-103, MCA; IMP,
					 81-2-102,
					 81-2-108,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.139 - APPOINTMENT AS DEPUTY STATE VETERINARIAN

Current through Register Vol. 13, July 5, 2024
(1) The department
				is authorized to deputize a veterinarian when it determines that such
				veterinarian:
(a) is licensed to practice
				veterinary medicine in Montana;
(b)
				is a current USDA accredited category I or category II veterinarian pursuant to
				9 CFR, Chapter 1, Part 161;
(c) has
				made formal application for deputization upon forms provided by the
				department;
(d) has been
				recommended by the state veterinarian; and
(e) has attended the department deputy state
				veterinarian training.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.140 - DUTIES OF DEPUTY STATE VETERINARIAN

Current through Register Vol. 13, July 5, 2024
(1) A
				deputy state veterinarian shall:
(a) be aware
				of and follow all applicable regulations and instructions as outlined on the
				Deputy State Veterinarians section of the department's web site;
(b) be aware of and follow all applicable
				regulations and instructions as outlined in 9 CFR;
(c) quarantine in writing all animals exposed
				to a quarantinable disease upon suspicion of diagnosis in the absence of, or on
				the order of the state veterinarian. Immediate notification of quarantine must
				be made to the Montana State Veterinarian's office by phone, fax, or
				mail;
(d) report immediately all
				cases of quarantinable diseases (ARM
				32.3.104 and
				32.3.105 ) to the state
				veterinarian in Helena, by telephone or fax;
(e) release quarantine upon the direction of
				the state veterinarian and ARM
				32.3.106 through
				32.3.108;
(f) be responsible for proper use of all
				official certificates, forms, records, reports, tags, or other official
				identification used in the work as a deputy state veterinarian and take proper
				precautions to prevent misuse thereof;
(g) immediately report the loss, theft,
				deliberate or accidental misuse of any official document or materials as listed
				above in (1)(d), and must keep these materials in only his/her custody prior to
				official use;
(h) file a monthly
				form regarding other reportable diseases; and
(i) mail weekly, all required inspection
				forms, test charts, certificates of veterinary inspection, and vaccination
				certificates made during the week.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.3 - DISEASE CONTROL › Subchapter 32.3.1 - General Disease Control Provisions › Rule 32.3.141 - REVOCATION OR SUSPENSION OF APPOINTMENT OF DEPUTY STATE VETERINARIAN

Current through Register Vol. 13, July 5, 2024
(1) A deputy state veterinarian may have
				his/her appointment revoked by any of the following:
(a) voluntarily surrendered; or
(b) becoming ineligible because of revocation
				or suspension of Montana veterinary license or USDA accreditation; or
(c) revoked or suspended by the department
				for cause, by violating ARM or established policy and/or procedures.