(1) Using the epidemiological report required by ARM 32.3.411 as its basis, a memorandum of understanding must be developed between the owner of the infected herd and the department to establish a disease eradication effort for the infected herd. The memorandum shall cover at least the following points:
(a) herd management practices that will be employed to facilitate disease eradication or interim disease control leading to eradication,
(b) any physical facility modification that will be required,
(c) specific dates for accomplishing the tasks required.
(2) This memorandum of understanding will be developed with the participation of a deputy state veterinarian selected by the owner if the owner so desires.
(3) The memorandum of understanding is the basis for management of the quarantined herd until the quarantine is released. Any modifications of the memorandum must be made in writing and subscribed to by both parties. Any agreement to depopulate the herd is part of the memorandum of understanding.
(a) If, in the opinion of the department emergency circumstances warrant action beyond the terms of the memorandum, the department through the Board of Livestock may take such actions as are lawful and necessary to control and eradicate this disease. This may include an ordered depopulation of the herd with or without indemnity, as authorized by law.
(4) The memorandum of understanding shall be considered a binding agreement between the parties having the force of an order as contemplated under 81-2-102, MCA. Failure by a quarantined herd owner or his agent to come to an agreement on the memorandum of understanding within 90 days of the imposition of quarantine or to follow its terms shall be considered a violation of orders under that section of the statutes, and shall be an emergency circumstance in which the department may immediately slaughter or cause to be slaughtered any quarantined animals.