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(1) The owner of cattle sold and slaughtered as brucellosis reactors pursuant to and in accordance with the provisions of this subchapter shall be paid an indemnity by the department not to exceed $50.00 per head on cattle so slaughtered. The indemnity shall be paid when the following conditions exist:

(a) At the time of test or condemnation, the cattle for which indemnity is claimed did not belong to or were not upon the premises of any person to whom they had been sold for slaughter, shipped for slaughter or delivered for slaughter;

(b) If purchased, or imported into Montana, less than 120 days before the date of a test disclosing reactor animals, the owner is a farmer or rancher buying and selling livestock in the ordinary course of his farm and ranch operation. Such cattle must have been branded with said owner's brand prior to the date of the test.

(c) If not already tested, the herd of origin of the reactor cattle for which indemnity is claimed is made available by the claimant for an official test.

(d) The provisions of this subchapter pertaining to testing, quarantine, movement of livestock under quarantine, cleaning and disinfection have been carried out; and

(e) An application claiming the indemnity has been submitted. Applications are available upon request to the department.

(2) The indemnity hereinbefore described shall be computed and paid pursuant to and in accordance with the provisions of 81-2-201 through 81-2-210 , MCA inclusive.

(3) If there is a mortgage or lien recorded with the department on cattle slaughtered and indemnified in accordance with the provisions of this subchapter, the warrant paying the indemnity shall be made payable jointly to the owner of the cattle and the lien holder or mortgagee.

History: 81-2-102, 81-2-103, MCA; IMP, 81-2-102, MCA; NEW, Eff. 12/5/75; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

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