BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.2001 pertaining to Brands and Earmarks

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. The Department of Livestock proposes to amend the above-stated rule.

 

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on March 6, 2023, to advise us of the nature of the accommodation that you need. Please contact Executive Officer, Department of Livestock, 301 N. Roberts St., Room 304, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9525; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: MDOLcomments@mt.gov.

 

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

32.3.2001  BRANDS AND EARMARKS (1) The following (1)(a) and (1)(b) are brands required for import of cattle into Montana:

(a) cattle originating from Mexico must be "M" branded as required by 9 CFR 93.427.

          (b) cattle originating from Canada must have a CʌN hot iron brand or tattoo as permanent origin identification. The brand If a brand is used, it must be 2-3 inches tall applied high on the right hip, consistent with VS memo 591.64. If a tattoo is used, it must identify the exporting country with the CʌN letters applied to the inside of the left ear.

(2) The state veterinarian may waive identification requirements for import into Montana as follows:

(a) Animals for exhibition only;

(b) Animals imported to a Montana bull stud for quarantine on arrival that will return to Canada; or

(c) On a case-by-case basis with Board of Livestock approval, if the waiver does not create a threat of disease to livestock or to the public, or compromise animal disease traceability.

(3) remains the same but is renumbered (2).

 

AUTH:  81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON: The department proposes to amend this rule as requested by industry. This amendment will bring the department in line with USDA regulations which require Canadian origin cattle to be permanently identified with either a brand or tattoo and is supported by the Animal Health Bureau.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Department of Livestock, P.O. Box 202001, Helena, Montana, 59620-2001; telephone (406) 444-9321; fax (406) 444-1929; or e-mail MDOLcomments@mt.gov, and must be received no later than 5:00 p.m., March 10, 2023.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Executive Officer at the above address no later than 5:00 p.m., March 10, 2023.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 5 based on 47 recorded imports of bovines from Canada last year.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

 

/s/ Darcy Alm                                       /s/ Michael S. Honeycutt                      

Darcy Alm                                            Michael S. Honeycutt

Rule Reviewer                                      Executive Officer

                                                             Department of Livestock

         

Certified to the Secretary of State January 31, 2023.