Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 32.3.104, 32.3.106, 32.3.212, 32.3.501 through 32.3.506, and adoption of NEW RULES I and II pertaining to Trichomoniasis and NEW RULES III through VI pertaining to Deputy State Veterinarians

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AMENDED NOTICE OF PROPOSED AMENDMENT AND ADOPTION

TO: All Concerned Persons

1. On October 29, 2009 the Department of Livestock published MAR Notice No. 32-9-198 pertaining to the proposed amendment and adoption of the above-stated rules at page 1852 of the 2009 Montana Administrative Register, Issue Number 20.

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 Department of Livestock no later than 5:00 p.m. on December 2, 2009, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.

3. The reason for this supplemental notice is to provide clarity and conformity throughout these rules.

4. ARM 32.3.104, 32.3.106, 32.3.504, and 32.3.506 remain exactly as proposed. The Department of Livestock proposes that the following rules be further amended as follows, new matter underlined, deleted matter interlined:

32.3.212 ADDITIONAL REQUIREMENTS FOR CATTLE (1) through (2)(b) remain as proposed.

(c) nonvaccinated cattle less than 11 months of age placed under ~~a hold order~~ quarantine for brucellosis vaccination or spaying within 30 days of arrival; and

(d) through (5) remain as proposed.

AUTH: 81-2-102, 81-2-103, 81-2-707, MCA

IMP: 81-2-102, 81-2-703, MCA

32.3.501 DEFINITIONS In this subchapter:

(1) through (16)(d) remain as proposed.

(17) "Official Trichomoniasis test" means the sampling procedure conducted by a deputy state Trichomoniasis certified veterinarian of the preputial content of a sexually intact male bovine and submitted to an approved laboratory to identify Tritrichomonas foetus by in vitro cultivation, individual PCR ~~testing~~ test, or other test approved by the state veterinarian.

(18) through (31) remain as proposed.

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

IMP: 81-2-102, MCA

32.3.502 OFFICIAL TRICHOMONIASIS TESTING AND CERTIFICATION REQUIREMENTS (1) remains as proposed.

(a) Nonvirgin male cattle must be negative to one ~~official PCR test~~ Trichomoniasis test by PCR and originate from a herd not known to be infected with T. foetus, or to three official Trichomoniasis culture tests. For the culture tests:

(i) through (iii) remain as proposed.

(b) The following statement must be on the certificate of veterinary inspection: "The bull(s) identified on this certificate were negative to T. foetus in accordance with ARM 32.3.502. There was no breeding activity between the final test and time of import, sale, loan, or lease, or other acquisition in Montana."

AUTH: 81-2-102, 81-2-103, 81-2-707, MCA

IMP: 81-2-102, 81-2-703, MCA

32.3.503 REPORTING TRICHOMONIASIS (1) All approved laboratories and all Trichomoniasis certified Montana veterinarians conducting tTrichomoniasis testing of cattle in Montana shall report test positive animals to the department within one working day of such test or diagnosis.

(2) and (3) remain as proposed.

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

IMP: 81-2-102, 81-2-107, MCA

32.3.505 DISPOSITION OF TEST POSITIVE ANIMALS

(1) and (2) remain as proposed.

(a) consigned directly to a licensed slaughterhouse ~~slaughtering establishment~~;

(b) consigned directly to a licensed livestock market and then directly to a licensed slaughterhouse ~~slaughtering establishment~~; or

(c) "V" branded and consigned directly to a licensed Trichomoniasis approved feedlot and then directly to a licensed slaughterhouse ~~slaughtering establishment~~.

(3) through (5) remain as proposed.

(6) Trichomoniasis test positive herds must have a negative whole herd bull test including virgin bulls 12 months of age and older, within 90 days prior to the following year's breeding season.

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

IMP: 81-2-102, 81-2-108, MCA

4. New rules I, III, IV, and VI remain exactly as proposed. The Department of Livestock proposes the following changes to the proposed new rules as follows, new matter underlined, deleted matter interlined:

NEW RULE II PENALTIES: (1) Persons in possession of a bull that has been sold, loaned, leased, or otherwise acquired shall have proof of current Trichomoniasis negative test or will be subject to all of the following:

(a) through (3) remain as proposed.

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

IMP: 81-2-102, 81-2-108, MCA

NEW RULE V DUTIES OF DEPUTY STATE VETERINARIAN (1) through (1)(d) remain as proposed.

(e) immediately report the loss, theft, deliberate or accidental misuse of any

official document or materials as listed above in ~~[New Rule III]~~(1)(d), and must keep these materials in only his/her custody prior to official use;

(f) and (g) remain as proposed.

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

IMP: 81-2-102, 81-2-108, MCA

5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Christian Mackay, Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to cmackay@mt.gov to be received no later than 5:00 p.m., December 11, 2009.

/s/ George H. Harris /s/ Christian Mackay

George H. Harris Christian Mackay

Rule Reviewer Executive Officer

Montana Department of Livestock

Certified to the Secretary of State November 2, 2009.