BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.221, special requirements for alternative livestock as defined in 87-4-406, MCA; 32.3.227 elephants; 32.3.602A change of ownership test; 32.3.1001 handling of live animals; and 32.3.1002 handling of carcasses and carcass parts of anthrax-infected animals

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On November 8, 2014, 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 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 October 31, 2014, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, Department of Livestock, 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, new matter underlined, deleted matter interlined:

 

           32.3.221  SPECIAL REQUIREMENTS FOR ALTERNATIVE LIVESTOCK AS DEFINED IN 87-4-406, MCA (1) remains the same.

            (2) Non-cervid Noncervid alternative livestock originating from a tuberculosis accredited free or modified accredited advanced U.S. state or zone require a negative tuberculosis test on all animals two months of age and older within 60 days prior to importation.                                        

            (3) All cervids six months of age and older originating from a tuberculosis accredited free or tuberculosis modified accredited advanced U.S. state or zone and all alternative livestock two months of age and older originating from a tuberculosis modified accredited U.S. state or zone require one of the following:

            (a) one negative approved tuberculosis single cervical test on all sexually intact animals within 90 days prior to importation and part of a whole herd test within the last 12 months; or

            (b) two negative single cervical tests on all sexually intact animals 90-120 days apart, with the second test occurring within 90 days prior to importation; or

            (c) (b)  one negative approved tuberculosis single cervical test on all sexually intact animals within 90 days prior to importation and must originate directly from an accredited tuberculosis free herd.

            (4) Animals less than two months of age originating from a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

            (5)  Tuberculosis tests must be a type approved by the state veterinarian.

            (5) remains the same, but is renumbered (6).  

 

AUTH: 81-2-102, 81-2-103, MCA 

IMP: 81-2-102, 81-2-103, MCA

 

REASON:  Historically, the department's cervid import tuberculosis (TB) test requirements were set to be consistent with the federal interstate test requirements.  This proposed rule change sets Montana's import requirements for TB testing of cervids to be consistent with federal requirements. State classification regarding state tuberculosis status of captive cervids is defined in Title 9 of the Code of Federal Regulations. At this time, all states are classified as Modified Accredited. It is unlikely that any state will become classified at a level higher than Modified Accredited; therefore, it is not necessary to qualify importation requirements based upon the TB state status classification of the state of origin, thereby greatly simplifying Montana's rules.

 

            32.3.227  ELEPHANTS (1) remains the same.

            (2) All elephants require an Elephant TB STAT-PAK Assay negative screening test approved by the state veterinarian within 12 months prior to importation into Montana. If the results of the test are positive, a negative Multi-Antigen Print Immuno-Assay (MAPIA) or a Dual Path Platform VetTB Assay is also required.

            (3) Elephants with no known exposure to TB culture-positive animals in the previous five years require three negative trunk washes and culture within 12 months prior to importation.

            (4) and (5) remain the same.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON:  The recommended screening test, the Elephant TB Stat Pak, is no longer manufactured. Recommendations for testing elephants have received considerable discussion at the United States Animal Health Association (USAHA) and the USDA. Recommended testing is expected to change. The proposed rule change would allow the state veterinarian to require an alternate appropriate test. 

 

            32.3.602A CHANGE OF OWNERSHIP TEST (1) Before change of ownership into Montana all cervidae must undergo an official test for tuberculosis and must be determined to be negative. The test must be performed not more than 90 days prior to the date they are sold or moved and the results must be entered on a department official test form.

            (2) and (3) remain the same.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON:  The TB test requirement referred to in this rule was intended to be an intrastate test requirement for movement and change of ownership.  This proposed rule change is simply a clarification of the administrative rule and is consistent with Department of Livestock's current interpretation of the rule. 

 

32.3.1001 HANDLING OF LIVE ANIMALS; VACCINATION (1) All animals remaining on the premises where animals have died or are infected with anthrax has been confirmed and all animals exposed to anthrax must be quarantined for a period of at least 42 days following the last death from anthrax. Release of quarantine will occur when all carcasses have been appropriately disposed of and 14 days have elapsed since the last death from anthrax.

(2) remains the same.

(3) Anthrax spore vaccine must not be used in any district unless a positive diagnosis of anthrax has been made by competent authorities, and then only by a deputy state veterinarian.

(4) Food-producing animals that have been vaccinated with anthrax spore vaccine may not be shipped to market or slaughtered for human consumption less than 42 days following vaccination.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

32.3.1002 HANDLING OF CARCASSES AND CARCASS PARTS OF ANTHRAX-INFECTED ANIMALS (1) remains the same.

(2) Hides from carcasses of animals that have died of anthrax shall not be removed. Hides which have been removed prior to diagnosis of anthrax shall be burned or buried.

(3) (2) Carcasses and hides of animals that have died of anthrax must be completely burned, covered with quick lime a disinfectant approved by the state veterinarian, and buried 6 feet deep from the tip of the carcass, or sterilized in a licensed rendering plant under the immediate supervision of a deputy state veterinarian.

(4) (3) If it is necessary to move the carcass of an animal that has died of anthrax, the natural openings must be plugged with cotton or other suitable material.:

(a) The carcass must only be rolled onto a stone boat or skid and hauled to the nearest spot suitable moved the minimum distance necessary for burning or burial.; or

(b) The stone boat or skid must be burned or thoroughly disinfected.

(c) remains the same, but is renumbered (b).

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, 81-2-108, MCA

 

REASON:  During the 2008 outbreak of anthrax in Gallatin and Madison counties, it became apparent that the department's anthrax rules needed to be updated. As an example, ARM 32.3.1002 currently requires that animals that died from anthrax must be covered by quick lime, but recent research suggests that quick lime can actually promote the formation of anthrax spores which can increase the chance of future anthrax events in the area of burial.  At present, ARM 32.3.1001 requires a quarantine of 42 days after cases are resolved, but there is little evidence supporting maintaining this requirements and the 42-day period originated from the "meat withholding" time on the anthrax vaccine label. The proposed changes to ARM 32.3.1001 and 32.3.1002 align the department's rules with current research and eliminate unsupported requirements when addressing anthrax.

 

4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone (406) 444-9321; fax (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov and must be received no later than 5:00 p.m., November 6, 2014.

 

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 a written request for a hearing and submit this request along with any written comments  to Christian Mackay at the above address no later than 5:00 p.m. November 6, 2014.

 

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 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 directly affected has been determined to be more than 250, based upon the rural population of Montana; the number of veterinarians in the state that could be affected from an anthrax outbreak; the alternative livestock producers; and the number of owners importing elephants into 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 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 this 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.

 

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

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                                    BY:      /s/ Cinda Young-Eichenfels

            Christian Mackay                                                     Cinda Young-Eichenfels

            Executive Officer                                                     Rule Reviewer

            Board of Livestock

            Department of Livestock

 

Certified to the Secretary of State September 29, 2014.