Montana Administrative Register Notice 32-13-234 No. 9   05/09/2013    
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In the matter of the amendment of ARM 32.3.201 and 32.3.212 pertaining to definitions and additional requirements for cattle










            1.  On July 15, 2013 the Department of Livestock proposes to amend the above-stated rules.


            2.  The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and 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 May 29, 2013, 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 rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:


            32.3.201  DEFINITIONS  (1) through (1)(i) remain the same.

            (j)  "Tuberculosis test-eligible cattle" means all sexually intact cattle two months of age and older.

            (k) through (m) remain the same.


            AUTH:            81-2-102, 81-2-103, 81-20-101, MCA

            IMP:                81-2-102, 81-2-103, 81-20-101, MCA


            32.3.212  ADDITIONAL REQUIREMENTS FOR CATTLE  (1) through (3)(c) remain the same.

            (d)  are sexually intact dairy cattle, except:

            (i) through (6) remain the same.

            (7)  Test-eligible cattle that are sexually intact dairy cattle, sporting bovines, or sexually intact beef cattle originating from outside of the United States must have one negative tuberculosis test within 60 days prior to importation. Cattle or bison originating directly from Mexico must meet the requirements set forth in ARM 32.3.212B.

            (8) through (15) remain the same.


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

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


            Reason:  MDOL is clarifying import requirements to allow the importation of dairy steers/spayed heifers without a tuberculosis test. These animals are almost exclusively contained in feeding/slaughter channels and therefore pose a lower risk to the health of Montana livestock.


            4.  Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 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 MDOLcomments@mt.gov to be received no later than 5:00 p.m., June 10, 2013.


            5.  If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above.  The written request for hearing must be received no later than 5:00 p.m. June 10, 2013.


            6.  If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are 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 public hearing will be held at a later date.  Notice of the public hearing will be published in the Montana Administrative Register.  Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.


            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 number 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://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


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




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

            Christian Mackay                                         George H. Harris

            Executive Officer                                          Rule Reviewer

            Board of Livestock

            Department of Livestock


            Certified to the Secretary of State April 29, 2013.


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