reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.2 - Animal Health Requirements For Livestock Markets › Rule 32.15.205 - SANITATION

Current through Register Vol. 13, July 5, 2024
(1) All livestock markets must be kept in a
				clean and sanitary manner.
(2)
				Breeding places for flies or other insects must be prevented. Flies and other
				insects must be kept under control.
(3) Following the completion of each day's
				sale, the sale ring, entering and exit alleyways, must be thoroughly cleaned.
				If considered necessary by a representative of the Montana department of
				livestock, animal health division, they must also be disinfected. If considered
				necessary by a representative of the Montana department of livestock, animal
				health division, holding pens must also be cleaned and disinfected.
(4) All livestock markets shall provide
				adequate facilities for washing and disinfecting any conveyance used for
				transporting livestock.
Secs.
					 81-2-102,
					 81-8-231 MCA; IMP, Secs.
					 81-2-102,
					 81-8-231
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.2 - Animal Health Requirements For Livestock Markets › Rule 32.15.206 - CLOSURE OF PEN, ALLEYWAY, OR OTHER SECTION OF MARKET

Current through Register Vol. 13, July 5, 2024
(1) When a pen, alleyway or any section of a
				market becomes filthy, or is considered deleterious to animal health, it must
				be ordered closed and be placarded by a representative of the Montana
				department of livestock, animal health division. The placard must read:
				"CLOSED. THIS PEN UNFIT FOR YARDING LIVESTOCK. BY ORDER OF THE MONTANA
				DEPARTMENT OF LIVESTOCK, ANIMAL HEALTH DIVISION." The use of such pen, alleyway
				or section of yard must be discontinued until it has been put in satisfactory
				sanitary and physical condition, and the placard removed by a representative of
				the Montana department of livestock, animal health division.
Secs.
					 81-2-102,
					 81-8-231 MCA; IMP, Secs.
					 81-2-102,
					 81-8-231
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.2 - Animal Health Requirements For Livestock Markets › Rule 32.15.207 - HANDLING OF ANIMALS FOUND TO BE DISEASED OR CONDEMNED

Current through Register Vol. 13, July 5, 2024
(1) All animals determined to be brucellosis
				reactors as the result of an official test, reactors to the tuberculin test,
				animals found diseased or condemned by the Montana department of livestock,
				animal health division or the United States department of agriculture, or
				animals affected with or suspected of being affected with actinomycosis, cancer
				eye or any infectious or contagious disease entering a market must immediately
				be placed in a quarantine pen, and may not be sold through or run through the
				sale ring until after all healthy animals are sold that day or until they are
				released from the quarantine pen by a representative of the Montana department
				of livestock, animal health division.
(2) Animals which are determined to be
				brucellosis reactors as the result of an official test for brucellosis
				performed at a licensed livestock market must be handled pursuant to and in
				accordance with provisions of ARM.
(3) Animals which are determined to be
				brucellosis suspects, or brucellosis exposed animals, as the result of an
				official test for brucellosis performed at a licensed livestock market must be
				handled pursuant to and in accordance with the provisions of ARM
				32.2.425.
(4) Condemned or diseased
				animals may not be sold or offered for sale except for immediate slaughter
				under official supervision by a duly appointed state or federal meat inspector,
				and may not be removed from the market except upon written permit by a
				representative of the Montana department of livestock, animal health
				division.
(5) Condemned or diseased
				animals may not be diverted enroute but must be shipped direct for immediate
				slaughter to the consignee designated on the Montana department of livestock,
				animal health division representative's written shipping release.
(6) Condemned or diseased animals for which
				indemnity is to be paid must be handled and sold in such a manner as not to
				invalidate the owner's claim for indemnity.
Secs.
					 81-2-102,
					 81-8-231 MCA; IMP, Secs.
					 81-2-102,
					 81-8-231,
					 81-8-215
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.2 - Animal Health Requirements For Livestock Markets › Rule 32.15.208 - DUTIES OF STATE-APPOINTED MARKET VETERINARIANS

Current through Register Vol. 13, July 5, 2024
(1) A deputy state veterinarian provided at
				the expense of the livestock market, but authorized by the Montana Department
				of Livestock, Animal Health Division must inspect all livestock coming into
				livestock markets, make and keep records of the proper disposition of any
				animal showing evidence of disease or any animal condemned by the Montana
				Department of Livestock or the United States Department of Agriculture, and
				determine the brucellosis status of all female cattle and bulls.
81-2-102,
					 81-8-231, MCA; IMP,
					 81-2-102,
					 81-8-231,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.2 - Animal Health Requirements For Livestock Markets › Rule 32.15.209 - VETERINARY FEES

Current through Register Vol. 13, July 5, 2024
(1) The fees for
				health certification for interstate shipment and for necessary tests or
				vaccinations will be paid by the owner of the livestock.
81-2-102,
					 81-8-231, MCA; IMP,
					 81-2-102,
					 81-8-231,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.2 - Animal Health Requirements For Livestock Markets › Rule 32.15.210 - PERSONS AUTHORIZED TO TEST, VACCINATE, OR ISSUE HEALTH CERTIFICATES

Current through Register Vol. 13, July 5, 2024
(1) The issuing of health certificates,
				necessary testing, and vaccinating may be done by either the veterinarian
				representing the Montana Department of Livestock, Animal Health Division, or by
				another deputy state veterinarian.
81-2-102,
					 81-8-231, MCA; IMP,
					 81-2-102,
					 81-8-231,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.2 - Animal Health Requirements For Livestock Markets › Rule 32.15.211 - MARKET RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Each market
				is responsible for ensuring that all livestock sales are held in compliance
				with the disease control regulations of the Montana department of livestock,
				animal health division.
Sec.
					 81-2-102 MCA; IMP, Sec.
					 81-2-102
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.6 - Brand-Mortgage Filings › Rule 32.15.601 - BRAND MORTGAGES

Current through Register Vol. 13, July 5, 2024
(1) A brand
				mortgage (lien) covering branded livestock must be filed with the Department of
				Livestock.
(a) Brand mortgages apply to
				cattle with Montana brands only.
(b) A brand mortgage may be referred to as a
				notice of security agreement or lien on branded livestock.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.6 - Brand-Mortgage Filings › Rule 32.15.602 - RENEWAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Brand mortgages
				and assignments must be renewed every five years commencing on January 1, 1983
				and every five years thereafter.
(2) Renewal requirements are:
(i) a completed notice of continuation of
				brand mortgage; and
(ii) the
				appropriate filing fee paid to the department.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.7 - Association And Test Station Sales › Rule 32.15.701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this sub-chapter
(1) "Person" means an association,
				corporation, partnership, or other business unit or arrangement, or a natural
				person. When used in the singular the plural is included.
(2) "Board" means the board of livestock
				provided for in
				2-15-3102, MCA.
(3) "Association sale" means a sale of
				livestock by auction or similar method sponsored by a livestock association. It
				includes an association organized on a geographic basis made up of livestock
				producers who collectively produce more than one breed of livestock.
(4) "Test station sale" means a sale of
				livestock by auction or similar method from a place where livestock are taken
				to measure rates of gain under uniform feeding conditions when that place is
				not owned by the owner of the livestock.
(5) "Management firm" means a person with
				whom the association or test station sponsoring a sale has contracted to
				conduct the sale. Management services include but are not limited to receipt
				and disbursement of funds received for the sale of livestock.
(6) "Custodial account" means a demand
				account established in a Montana bank licensed under state or federal law into
				which all proceeds from the sale of livestock at a sale covered by these rules
				must be placed for prompt disbursement, after proper charges have been
				subtracted, to consignors selling livestock at the sale.
(7) "Livestock" means cattle, horses, sheep
				and swine.
Sec.
					 81-8-214 MCA; IMP, Sec.
					 81-8-214
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.7 - Association And Test Station Sales › Rule 32.15.702 - PERMIT REQUIRED TO CONDUCT ASSOCIATION TEST STATION SALE-EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) A person desiring to conduct an
				association or test station sale after June 1, 1976, shall obtain prior
				approval from the board by submitting a completed application requesting a
				permit to conduct such a sale. Application forms are available from the
				department of livestock and must be submitted to the department at least 60
				days prior to the date of the sale.
(2) Private production or dispersion sales
				with less than three guest consignors, 4H, future farmers of America sales do
				not require a permit under this sub-chapter.
(3) An association or test station sale
				conducted in or by a Montana licensed livestock auction market, when all sale
				proceeds are handled through the market's custodial account, is exempt from the
				provisions of these rules.
Sec.
					 81-8-214 MCA; IMP, Sec.
					 81-8-214
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.7 - Association And Test Station Sales › Rule 32.15.703 - CONDITIONS UNDER WHICH A PERMIT WILL BE ISSUED

Current through Register Vol. 13, July 5, 2024
To obtain a permit to conduct an association or test station
				  sale the following conditions must be agreed to and performed by the
				  applicant:
(1) A custodial account
				must be established and all proceeds from the sale of livestock and cashed
				entry fees must be deposited therein to be disbursed to consignors after proper
				charges have been deducted;
(2) A
				list of the types of all charges which will or could be imposed on consignors
				and a description of all rules of the sale including breed registration
				requirements must be given to consignors at or before the time of
				consignment;
(3) If the sale is to
				be conducted by a management firm which will have access to the custodial
				account or otherwise handle proceeds of the sale the association or test
				station sponsoring the sale must require the management firm to secure a bond,
				in an amount set by the board, conditioned upon the prompt payment of sale
				proceeds to consignors to the sale. The bond must be obtained from a firm
				licensed to issue such bonds in Montana. The bond must be registered with the
				board;
(4) All consignors must be
				paid the full sale price of their livestock sold at the sale, less any proper
				charges, as soon as possible and not later than 30 days after the date of sale.
				When a consignor has failed to meet sale requirements regarding livestock
				registration or health of which he has been informed at or prior to the time of
				consignment, payment to him may be made after registration and health
				requirements have been met and thereafter be paid as soon as possible;
				and
(5) The person conducting the
				sale shall comply with all applicable statutes, rules and orders relating to
				animal health, brand inspection, and the movement of livestock.
Sec. 82-8-214 MCA; IMP, Sec.
					 81-8-214
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.8 - Montana Beef Research and Marketing Act › Rule 32.15.801 - AUTHORIZED TAX AND BEGINNING DATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-8-803 MCA; IMP, Sec.
					 81-8-804
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.8 - Montana Beef Research and Marketing Act › Rule 32.15.802 - ASSESSMENT METHOD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-8-803 MCA; IMP, Sec.
					 81-8-804
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.8 - Montana Beef Research and Marketing Act › Rule 32.15.803 - PAYMENT DATES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-8-803 MCA; IMP, Sec.
					 81-8-804
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.8 - Montana Beef Research and Marketing Act › Rule 32.15.804 - REFUND OF TAX (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-8-803 MCA; IMP, Sec,
					 81-8-804
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.15 - MARKETING OF LIVESTOCK › Subchapter 32.15.9 - Livestock Dealer Requirements › Rule 32.15.901 - NOTICE OF CHANGE OF EMPLOYMENT STATUS

Current through Register Vol. 13, July 5, 2024
(1)
				All livestock dealers who employ agents must immediately notify the department
				of livestock of any changes in employment status relative to those agents.
(a) Failure to notify the department of
				livestock of any change in employment status may constitute a violation serious
				enough to initiate and invoke the provisions of
				81-8-273 and
				81-8-274, MCA.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.101 - HOT IRON BRANDS REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Under the brand
				laws of the state only hot iron brands will be recognized by the Department of
				Livestock, Brands Enforcement Division on all livestock, with the exception
				that freeze brands may be applied to:
(a)
				horses, mules, or asses; and
(b)
				cattle only as provided in ARM
				32.18.109.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.102 - AGE TALLY MARK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-1-102, MCA IMP:
					 81-1-102,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.103 - NUMERAL MARK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-1-102, MCA IMP:
					 81-1-102,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.104 - PLACEMENT OF DIGITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-1-102, MCA IMP:
					 81-1-102,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.105 - BRAND OWNERSHIP AND TRANSFER

Current through Register Vol. 13, July 5, 2024
(1) Brand ownership
				is valid only if the owner's name is recorded in the department.
(2) Multiple names may be recorded in the
				following manner only: "x and y", or "x or y".
(a) The designation "and/or" is not
				acceptable.
(b) A brand recorded in
				"x and y" designates tenants in common.
(c) A brand recorded in "x or y" designates
				joint tenancy with right of survivorship.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.106 - SALE OF BRANDED LIVESTOCK

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (3), ownership of livestock bearing a brand recorded in "x and y"
				may be transferred only if the transfer bears the signatures of all recorded
				owners or their designated assigns.
(2) Except as provided in (3), ownership of
				livestock bearing a brand recorded in "x or y" may be transferred if the
				transfer bears the signature of one recorded owner or their designated
				assigns.
(3) Recorded owner(s) of a
				brand may designate on the records of the department any person(s) who may
				transfer livestock bearing the brand of the recorded owner(s).
(a) Such designations are valid only if
				signed by all recorded owners of the brand at the time of the
				designation.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.107 - CHANGE IN BRAND RECORDING

Current through Register Vol. 13, July 5, 2024
(1) Once the
				department has begun processing a recording of a brand, any changes proposed to
				the original application will be considered a new application and an additional
				fee will be charged.
81-1-102, MCA; IMP,
					 81-1-102,
					 81-3-107,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.108 - EQUINE BREED REGISTRY MARK

Current through Register Vol. 13, July 5, 2024
(1) A
				nationally or internationally recognized equine breed registry mark made on
				equine animals to designate a specific equine breed shall not be recorded as a
				brand, but may be recognized for breed identification purposes.
(a) Any official equine breed organization,
				association, or registry's designated registry mark is acceptable for placement
				on an equine animal located in or brought into Montana.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.109 - FREEZE BRANDING

Current through Register Vol. 13, July 5, 2024
(1) Freeze branding
				of cattle is allowed under the following conditions:
(a) all freeze brands must be recorded by the
				department;
(b) in order to record
				a freeze brand, the owner must have a hot iron brand recorded by the
				department;
(c) the freeze brand
				must be identical in design and location to the owner's hot iron
				brand;
(d) the freeze brand will be
				recorded on the same certificate ; and
(e) freeze brands can only be transferred
				with the hot iron brand.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.110 - RECORDING AND TRANSFERRING OF BRANDS

Current through Register Vol. 13, July 5, 2024
(1)
				Brand fees are set by the Board of Livestock and all Montana brands must be
				issued through the brand recording office.
(a) Except for seasonal market, feedlot, or
				location brands which will be issued by department district or state inspectors
				only.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.111 - RERECORDING OF BRANDS

Current through Register Vol. 13, July 5, 2024
(1) Rerecording of
				brands is required each tenth year after 1921.
(a) The rerecord fee is set by the Board of
				Livestock.
(b) Rerecord
				applications and fees must be received in the brand recorder office by midnight
				on December 31 of the rerecord year.
(i)
				There is no grace period.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.1 - Branding › Rule 32.18.112 - SPECIAL IDENTIFICATION MARKS

Current through Register Vol. 13, July 5, 2024
(1) Special
				identification marks may be used on livestock as an age tally mark or as herd
				or individual animal identification.
(a)
				Marks must contain one to four numeric digits ("0-9" inclusive) and may also
				include a single letter ("A-Z" inclusive);
(b) Livestock must be branded with the
				registered brand of the livestock owner; and
(c) Marks may be applied to any location
				using freeze or hot iron branding methods.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.201 - BRAND INSPECTION

Current through Register Vol. 13, July 5, 2024
(1) All livestock
				presented to a state stock inspector or a deputy stock inspector for a brand
				inspection must be inspected during daylight hours.
(a) Livestock may be inspected while on
				vehicles only when:
(i) the inspector can
				safely read all marks and brands; and
(ii) the animals are on an open truck or in a
				horse trailer.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.202 - ADJOINING COUNTY GRAZING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The
				adjoining county grazing permit allows livestock to move for grazing purposes
				from the ranch of origin in Montana to a premises in an adjoining Montana
				county.
(2) The permit must be
				issued by a department employee, not a deputy stock inspector.
(a) The ranch of origin and destination
				premises must be owned or controlled by the livestock owner or the ownerccs
				agent. The owner or owner's agent must be authorized to grant department
				employees access to the destination premises to inspect any livestock that are
				present while the permit is in effect.
(b) Permits are valid for eight months after
				the issue date.
(c) Only one permit
				may be issued for an animal or group of animals in any 12-month period.
(d) For the purpose of obtaining
				an adjoining county grazing permit, livestock must be branded with a Montana
				brand recorded to the owner of the livestock.
(e) Requests for permits may be denied if
				previous permits have been suspended.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.203 - IMPORT TRANSPORTATION PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-3-202, MCA; IMP,
					 81-3-214,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.204 - LIVESTOCK MARKET RELEASES

Current through Register Vol. 13, July 5, 2024
(1) Livestock
				consigned to a Montana licensed livestock market may be removed by either the
				market or a person having possession or control of the consigned livestock only
				after obtaining a market release issued by a Montana Department of Livestock
				inspector.
(a) The release shall describe the
				livestock for which it is issued by sex, brand, and breed.
(b) The permit is valid for 36 hours after
				the release is issued.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.205 - SHEEP PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Removal of
				sheep or lambs from any Montana county or from the state requires a permit
				issued by a Department of Livestock state or deputy state stock inspector prior
				to movement.
(a) The permit must be issued on
				an approved department form.
(b)
				The owner or their agent must sign the permit and certify as to:
(i) approximate number and description;
				and
(ii) brands or marks, breed,
				and color.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.206 - RESTRICTION ON INSPECTION BY STATE STOCK INSPECTOR OR DEPUTY STATE STOCK INSPECTOR

Current through Register Vol. 13, July 5, 2024
(1) State stock
				inspectors and deputy state stock inspectors are prohibited from inspecting
				livestock owned by themselves, their immediate family members, or other
				relatives.
(2) Any violation of
				this rule may cause initiation of appropriate state personnel disciplinary
				sanctions, which may include termination of the inspector's
				employment.
81-3-202, MCA; IMP,
					 81-3-203,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.207 - DOMESTIC BISON PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Removal of
				domestic bison from any Montana county or from the state requires a permit
				issued by a Department of Livestock state or deputy state stock inspector prior
				to movement.
(a) The permit must be issued on
				an approved department form.
(b)
				The owner or their agent must sign the permit and certify as to approximate
				number and description.
(c) The
				department form shall, when used for a domestic bison permit, show destination
				within or out of the state of Montana.
(d) For those domestic bison leaving an
				auction market, the owner's account of sale purchase sheet shall constitute a
				domestic bison permit.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.2 - Issuance of Inspection Certificates and Transportation Permits › Rule 32.18.208 - DEEDED LAND GRAZING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The deeded
				land grazing permit allows movement of cattle for grazing purposes from a
				Montana ranch of origin across multiple county lines to a Montana destination
				premises if the entire destination premises is the private deeded property of
				the livestock owner.
(2) An
				application must be submitted to and approved by the department prior to
				movement.
(3) For purposes of
				obtaining a permit, virgin breeding females and nursing calves are not required
				to be branded.
(4) The provisions of
				ARM
				32.18.202(2) through
				(4) apply, except ARM
				32.18.202(2)(d).
AUTH:
					 81-1-102,
					 81-3-202, MCA;
					 IMP:
					 81-3-203,
					 81-3-211,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.3 - Railroad Shipments › Rule 32.18.301 - CERTIFICATE TO BE ATTACHED TO WAYBILL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-3-202, MCA; IMP, Sec.
					 81-3-211,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.3 - Railroad Shipments › Rule 32.18.302 - MARKET LOCATIONS WHERE LIVESTOCK CAN BE SHIPPED BY RAIL WITHOUT PRIOR INSPECTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-3-202, MCA; IMP, Sec.
					 81-3-212,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.3 - Railroad Shipments › Rule 32.18.303 - STOCK TO BE SHIPPED BY RAILROAD ON SHIPPER'S TALLY ONLY TO MARKET WITH STOCK INSPECTOR (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-3-202, MCA; IMP, Sec.
					 81-3-212,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.3 - Railroad Shipments › Rule 32.18.304 - SHIPPER'S TALLY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 81-3-202, MCA; IMP, Sec.
					 81-3-212,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.4 - Marking of Beef and Veal Hides and Carcass Parts › Rule 32.18.401 - BRAND INSPECTION STAMP

Current through Register Vol. 13, July 5, 2024
At any licensed slaughterhouse where the department of
				  livestock, brands-enforcement division provides for a live inspection prior to
				  slaughter, the health inspection stamp (either state or federal) on the beef
				  quarters will be used for identification in lieu of the provisions of section
				  81-9-112 MCA, that requires
				  stamping of 4 quarters when an inspection is made of the
				  hide.
Sec.
					 81-9-112 MCA; IMP, Sec.
					 81-9-112
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.4 - Marking of Beef and Veal Hides and Carcass Parts › Rule 32.18.402 - HIDES TO BE MARKED (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-9-112, MCA; IMP,
					 81-9-112,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.18 - BRANDING AND INSPECTION › Subchapter 32.18.4 - Marking of Beef and Veal Hides and Carcass Parts › Rule 32.18.403 - QUARTERS TO BE STAMPED

Current through Register Vol. 13, July 5, 2024
Each of the 4 quarters of beef or veal offered for inspection
				  must be stamped with an ink stamp, square in shape, not smaller than 2½
				  by 2½ inches, which shall show the name of the county, a serial number
				  to indicate the inspector to whom the stamp has been issued, and the words
				  "brand inspection".
Sec.
					 81-9-112 MCA; IMP, Sec.
					 81-9-112
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.22 - VERTEBRATE PEST CONTROL › Subchapter 32.22.1 - Aerial Hunting › Rule 32.22.101 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) This chapter
				provides a system for the issuance of aerial hunting permits to protect
				livestock from predatory animals, and establishes the duties of permittees
				under the provisions of Chapter 704, Laws of Montana 1979.
(2) These rules are:
(a) not to interfere with the needs of
				livestock producers protecting their livestock from predation; but
				are
(b) to assist in the prevention
				and/or reduction of livestock loss from predatory animals; and
(c) to protect landowners, administrators, or
				lessees who do not wish aerial hunting over land under their ownership,
				management, or control.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.22 - VERTEBRATE PEST CONTROL › Subchapter 32.22.1 - Aerial Hunting › Rule 32.22.102 - ISSUANCE OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Applicants for
				an aerial hunting permit must complete an aerial hunting application form prior
				to January 31 and submit with the appropriate fee. After January 31, applicants
				may apply under the same guidelines with no proration of fee.
(a) Application forms are available from the
				Department of Livestock, P.O. Box 202001, Helena, MT 59620-2001 or at
www.liv.mt.gov
.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.22 - VERTEBRATE PEST CONTROL › Subchapter 32.22.1 - Aerial Hunting › Rule 32.22.103 - DURATION OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Aerial hunting
				permits will be valid for a 12-month period from February 1 through January 31.
(a) Permittees must renew their permit each
				year;
(b) permittees must be in
				compliance with the rules of the department, and state and federal
				law;
(c) renewal will be denied if
				noncompliance is not corrected prior to the renewal date.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.22 - VERTEBRATE PEST CONTROL › Subchapter 32.22.1 - Aerial Hunting › Rule 32.22.104 - RESTRICTIONS UPON USE OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A
				permittee may engage in aerial hunting only over areas authorized by the
				Department of Livestock.
(a) The permittee
				must:
(i) show that livestock depredation has
				occurred or is likely to occur in the area requested in the application or an
				adjacent area; and
(ii) provide a
				signed authorization for aerial hunting from the landowner, administrator,
				lessee, or their agent.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.22 - VERTEBRATE PEST CONTROL › Subchapter 32.22.1 - Aerial Hunting › Rule 32.22.105 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All permittees
				shall file semi-annual reports with the Department of Livestock on forms
				supplied by the department.
(a) The reports
				are due within 30 days after June 30 and December 31 of each year.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.22 - VERTEBRATE PEST CONTROL › Subchapter 32.22.1 - Aerial Hunting › Rule 32.22.106 - REVOCATION, SUSPENSION, OR MODIFICATION OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Failure to comply with the rules or
				statutes governing aerial hunting will result in suspension or revocation of
				the permit.
(2) The department
				shall close an aerial hunting area upon receipt of written request from the
				landowner, administrator or lessee, or their agent.
(3) Landowners, administrators, or lessees
				may also direct the department to modify certain permits while allowing other
				permits to remain in effect over land under their control.
81-7-502, MCA; IMP,
					 81-7-511,
					 MCA;
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.22 - VERTEBRATE PEST CONTROL › Subchapter 32.22.2 - Feral Swine › Rule 32.22.201 - FERAL SWINE MANDATORY REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Any person,
				including, but not limited to, landowners, tenants, or persons responsible for
				property oversight in Montana who knows or has reason to believe feral swine as
				defined in
				81-29-101, MCA, are present on
				private or public property must report such knowledge to the Department of
				Livestock.
(2) The presence of
				feral swine must be reported by phone within 24 hours to the Department of
				Livestock.
(3) The Department of
				Livestock shall report the presence of feral swine to other state agencies with
				an expressed interest in the presence of feral swine.
AUTH:
					 81-2-102,
					 81-29-103,
					 81-29-106, MCA; IMP:
					 81-2-102,
					 81-29-103,
					 81-29-106,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.23 - MILK CONTROL BUREAU › Subchapter 32.23.1 - Purchase and Resale of Milk › Rule 32.23.101

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-23-103,
					 81-23-402, MCA IMP:
					 81-23-103,
					 81-23-402, MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.23 - MILK CONTROL BUREAU › Subchapter 32.23.1 - Purchase and Resale of Milk › Rule 32.23.102

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-23-104,
					 81-23-105,
					 81-23-202, MCA IMP:
					 81-23-103,
					 81-23-105,
					 81-23-202,
					 81-23-402, MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.23 - MILK CONTROL BUREAU › Subchapter 32.23.3 - Licensee Assessments › Rule 32.23.301

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-1-102,
					 81-23-104,
					 81-23-202, MCA IMP:
					 81-1-102,
					 81-23-103,
					 81-23-202,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.23 - MILK CONTROL BUREAU › Subchapter 32.23.4 - Penalties › Rule 32.23.401

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-23-104,
					 81-23-202, MCA IMP:
					 81-23-103,
					 81-23-104,
					 81-23-202,
					 81-23-204,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.1 - Organizational Rule › Rule 32.24.101 - ORGANIZATION OF BOARD AND PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The
				organization of the Board of Milk Control is set out in chapter 1 and the
				procedural rules of the Board of Milk Control are set out in chapter
				2.
AUTH:
					 81-23-103,
					 81-23-302, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.1 - Organizational Rule › Rule 32.24.110 - SAVING CLAUSE

Current through Register Vol. 13, July 5, 2024
(1) It is the
				intention of the board that if any provision of this chapter, or the
				application of such provision to any person or circumstance is held to be
				invalid, the remainder of this chapter, or the application of such provision to
				persons or circumstances other than those as to which it is held invalid, is
				not affected.
AUTH:
					 81-23-103, MCA IMP:
					 81-23-103,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.1 - Organizational Rule › Rule 32.24.150 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this chapter, unless the context otherwise
				  requires, the following definitions apply:
(1) "Act" or "Milk Control Act" means the
				milk control laws contained in Title 81, chapter 23, MCA.
(2) "Board" means the Board of Milk Control.
(3) "Bureau" means the Milk
				Control Bureau of the department.
(4) "Classes of utilization." All milk
				subject to the Act will be classified by utilization as defined here,
				regardless of the location of such utilization. For purposes of classification,
				the ultimate utilization of milk, if unknown, may be presumed to be the
				reasonably expected utilization of that milk.
(a) "Class I milk" means all skim milk and
				butterfat:
(i) disposed of in the form of
				fluid milk products, except as otherwise provided in this section;
(ii) in packaged fluid milk products in
				inventory at the end of the month; and
(iii) in shrinkage in excess of 2% of current
				producer receipts and plant overages.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.2 - Procedural Rules › Rule 32.24.201

Current through Register Vol. 13, July 5, 2024
AUTH:
					 81-23-102,
					 81-23-302, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.4 - Penalties, Assessments, Trade Practices, and Purchase of Milk From Producers by Distributors › Rule 32.24.401 - PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) Bureau staff
				must take reasonable administrative actions to assist a person's compliance
				with applicable law, rules, and orders before the board may impose any of the
				penalties in (2). If bureau staff cannot secure a person's compliance through
				administrative action, they must recommend to the board chair that a hearing be
				scheduled to consider assessment of a penalty.
(2) The board may refuse to grant a license,
				may suspend a license already granted, may revoke a license already granted, or
				may assess a civil penalty for any of the following:
(a) violation of any provision of Title 81,
				chapter 23, MCA;
(b) violation of
				any provision of ARM Title 32, chapter 24;
(c) violation of any board order;
(d) failure or refusal to make required
				statements or reports; or
(e)
				failure to pay license or assessment fees.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.4 - Penalties, Assessments, Trade Practices, and Purchase of Milk From Producers by Distributors › Rule 32.24.450 - MILK CONTROL ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				81-23-202, MCA, the following
				assessments are levied upon the Act licensees of this department for the
				purpose of securing funds to administer and enforce the Act.
(a) A fee of $0.04300 per hundredweight, with
				no assessment for fees less than $5.00 per month, on the total volume of all
				milk subject to the Act produced and sold by a producer-distributor.
(b) A fee of $0.02150 per hundredweight, with
				no assessment for fees less than $5.00 per month, on the total volume of all
				milk subject to the Act sold by a producer.
(c) A fee of $0.02150 per hundredweight, with
				no assessment for fees less than $5.00 per month, on the total volume of milk
				subject to the Act sold by a distributor, excepting that which is sold to
				another distributor. If the distributor is foreign, the assessment must be paid
				either by the foreign distributor or by the import jobber.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.4 - Penalties, Assessments, Trade Practices, and Purchase of Milk From Producers by Distributors › Rule 32.24.460 - PRODUCER MILK TESTING ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) An assessment
				is hereby levied on licensed producers in the amount of no cents ($0.00) per
				hundredweight on the total volume of all milk subject to the Act sold by a
				producer for the purpose of securing the necessary funds to conduct a program
				of testing raw milk, as required by
				81-23-105, MCA.
AUTH:
					 81-23-105, MCA; IMP:
					 81-1-102,
					 81-23-103,
					 81-23-105,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.4 - Penalties, Assessments, Trade Practices, and Purchase of Milk From Producers by Distributors › Rule 32.24.470 - REGULATION OF UNFAIR TRADE PRACTICES

Current through Register Vol. 13, July 5, 2024
(1)
				Under authority delegated by the provisions in
				81-23-104, MCA,
				the following transactions of business among licensees under the Act and among
				licensees and the general public are declared to be unfair trade practices
				subject to enforcement sanctions provided by statute:
(a) Except as the result of a milk price
				forward contract, the payment of a lesser price than the applicable producer
				price established by the board pursuant to the Act by any distributor to any
				producer for milk which is distributed to any person, including agencies of the
				federal, state or local government.
(b) The payment, allowance, or acceptance of
				secret rebates, secret refunds, or unearned discounts by a person, whether in
				the form of money or otherwise.
(c)
				The giving of milk, cream, dairy products, services, or articles of any kind,
				except to bona fide charities, for the purpose of securing or retaining the
				fluid milk or fluid cream business of a customer.
(d) The extension to certain customers of
				special prices or services not available to all customers who purchase milk of
				like quantity under like terms and conditions.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.4 - Penalties, Assessments, Trade Practices, and Purchase of Milk From Producers by Distributors › Rule 32.24.480 - PRODUCER PRICING RULES

Current through Register Vol. 13, July 5, 2024
(1) The bureau will
				use the federal order advanced pricing factors to calculate the producer prices
				for all classes. Advanced federal order butterfat and skim milk prices are
				announced on or before the 23rd day of the month and apply to the milk received
				during the following month. Nothing contained in these rules prohibits the
				payment of higher prices to producers.
(2) The minimum Class I price per
				hundredweight at 3.5% butterfat which must be paid to producers by distributors
				in the state of Montana, is the monthly federal order price according to
				7 CFR
				1000.50(a) through (c) plus
				a Montana Class I location differential of $2.55.
(a) When milk does not test 3.5% butterfat,
				the price per cwt will be adjusted for each 0.1% the butterfat test moves up or
				down.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.4 - Penalties, Assessments, Trade Practices, and Purchase of Milk From Producers by Distributors › Rule 32.24.490 - REJECTION OF MILK AND TERMINATION OF PRODUCER SALES AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) A distributor
				may reject milk provided by a producer because of inferior quality or
				noncompliance with the lawful rules of duly constituted health or sanitation
				agencies. In all cases the rejection of the milk must be supported by a
				statement to the producer setting forth the reason(s) for which the milk was
				rejected. A distributor must provide a copy of the statement to the
				department.
(2) Except for
				persistent repetition of the cases set forth in (1), no producer's contract or
				purchasing agreement, whether express or implied, may be terminated by a
				distributor except for cause after notice and hearing by the board in
				accordance with the rules and procedures prescribed by the Montana
				Administrative Procedure Act.
(3)
				No producer may terminate a contract or selling agreement with any distributor
				except by giving at least 30 days written notice to the distributor and to the
				board of the producer's intention to terminate. However, nothing in this rule
				prevents a distributor and a producer from providing by written contract or
				agreement for a different period of notice. Termination does not preempt a
				distributor's obligation to pay the producer in full by the 15th day of the
				month following the month of such termination.
AUTH:
					 81-23-104, MCA; IMP:
					 81-23-103,
					 81-23-402,
					 MCA
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.5 - Quota and Pooling Rules › Rule 32.24.502 - QUOTA RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The bureau
				maintains records of:
(a) quota owned by each
				eligible producer; and
(b) quota
				assigned to each new eligible producer under ARM
				32.24.503.
Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.5 - Quota and Pooling Rules › Rule 32.24.503 - NEW ELIGIBLE PRODUCERS - QUOTA ASSIGNMENT

Current through Register Vol. 13, July 5, 2024
(1) A new eligible
				producer is entitled to receive the quota price for milk sales to a pool plant
				for each month in accordance with the following schedule:
MONTHS
PERCENTAGE OF MILK SALES
ASSIGNED TO QUOTA
April through August
20%
All other months
35%
(a) To be
				eligible for this assignment, the new eligible producer cannot own any quota in
				the first month of production .
(b)
				This assignment is not an assignment of actual quota to such new eligible
				producer.
(c) This assignment of
				quota milk becomes a part of the total quota milk calculated under this
				chapter.