BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.1205, 32.3.2001 pertaining animal contacts, and brands and earmarks

) ) ) ) )

NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

            1.  On July 30, 2012, 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, July 13, 2012 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:

 

            32.3.1205  ANIMAL CONTACTS  (1)  Any nonvaccinated or not currently vaccinated animal subject to rabies which has been bitten by a known that has been exposed to a confirmed rabid or suspected rabid animal must be either ordered destroyed by the state veterinarian or quarantined in strict isolation in a place and manner approved by the state veterinarian for a period of 6 six months. and then if cats or dogs vaccinated as set forth in paragraphs (2) or (3) below, or destroyed.  If the animal is to be quarantined, rabies vaccine should be administered upon entry into isolation.

            (2)  If a dog or cat has not been vaccinated against rabies within time limits prescribed by, and otherwise in accordance with, a current "compendium of rabies vaccines" issued by the national association of states public health veterinarians, inc.  The dog or cat may be quarantined in an approved manner and place for a period of 180 days.  The cat or dog must then be vaccinated in accordance with the above mentioned "compendium on rabies vaccines", held in quarantine for an additional 14 days, and then released.  Any currently vaccinated animal as defined in the Compendium of Animal Rabies Prevention and Control that has been exposed to a confirmed rabid or suspected rabid animal should be revaccinated immediately and observed for 45 days.

            (3)  If the dog or cat has been vaccinated against rabies within time limits prescribed by, and otherwise in accordance with, the "compendium on rabies vaccines" described above, the dog or cat may be revaccinated and released. 

 

            AUTH:            81-2-102, MCA

            IMP:                81-2-102, MCA

 

            32.3.2001  BRANDS AND EARMARKS  (1)  The following (1)(a) and (1)(b) are brands required for import of cattle into Montana:

            (a)  cattle originating from Mexico must be "M" branded as required by 9 CFR 93.427.

            (b)  cattle originating from Canada must have a CAN hot iron brand as permanent origin identification.  The brand must be 2-3 inches tall applied high on the right hip, consistent with VS memo 591.64.

            (1)  remains the same but is renumbered (2).

           

            AUTH:            81-2-102, MCA

            IMP:                81-2-102, MCA

 

            Reason:  Section 81-2-102, MCA requires that official orders last no more than five years.  Changes in ARM 32.3.2001 incorporate outdated official orders.

            The Compendium on Rabies Prevention and Control recommends euthanasia for unvaccinated animals exposed to rabies due to public health concerns.  However, current ARM does not provide the option for the department to require euthanasia.  The proposed rule revision improves readability and addresses this shortcoming.

 

            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., July 20, 2012.

 

            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. July 20, 2012.

 

            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 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.

 

DEPARTMENT OF LIVESTOCK

 

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 June 11, 2012.