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Montana Administrative Register Notice 32-13-235 No. 12   06/20/2013    
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BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.201, 32.3.501, 32.3.502, 32.3.503, 32.3.505, 32.3.506, 32.3.507, and 32.3.508 pertaining to definitions, official trichomoniasis testing and certification requirements, reporting trichomoniasis, movement of animals from test-positive herds, epidemiological investigation and exposed herd notification, common grazing and grazing associations, and penalties

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NOTICE OF PROPOSED AMENDMENT

 

NO PUBLIC HEARING CONTEMPLATED

           

            TO: All Concerned Persons

 

            1. On July 29, 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 July 10, 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)(l) remain the same.

(m) "Virgin heifer" means a sexually intact female cattle less than 24 months of age that is accompanied by a signed affidavit from the owner or agent as having had no potential breeding contact with sexually intact male cattle.

 

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

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

 

32.3.501 DEFINITIONS In this subchapter:

(1) "Acceptable specimen" means a specimen determined to be satisfactory for diagnostic testing by an approved laboratory, which was collected by a trichomoniasis certified veterinarian and submitted with a completed and signed lab form.

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

(3) (2)  "Approved laboratory" means a laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians (AAVLD) or and a laboratory approved by the state veterinarian to identify T. foetus.

(4) through (6) remain the same but are renumbered (3) through (5).

(7) (6)  "Commingle" means animals of opposite sex and belonging to the same or different owners in the same enclosure or pasture with a reasonable opportunity for sexual contact.

(8) "Complete herd trichomoniasis test" means an official T. foetus test from each nonvirgin bull in the herd.

(9) "Direct to a licensed slaughterhouse" means transporting an animal to a state or federally licensed slaughterhouse without unloading prior to arrival at the slaughterhouse.

(7) "Deputy state veterinarian" is defined in ARM 32.3.138(2).

(10) remains the same but is renumbered (8).

(11)  "Exposed herd notification" means owners or managers of exposed herds have been notified by the Department of Livestock or its agent that the owner's herd may have been exposed to a test positive animal or test positive herd.

(12) (9)  "Exposed herds" means cattle herds that have, within the previous twelve months, commingled or had cross-fence contact with a test-positive animal or a test-positive herd during the time of potential breeding activity.

(13) (10)  "Herd" means a group or groups of sexually intact bovines 12 months of age or older under common ownership or supervision that have commingled during the previous 12 months.

(11) "Herd management plan" is a document listing best management practices that will be agreed upon by the producer and approved by the state veterinarian.

(14)  "Individual trichomoniasis identification" means a Montana Official trichomoniasis tag or other official individual identification as determined by the state veterinarian that must be placed in the ear at the time of the first test.

(15) (12)  "Licensed trichomoniasis approved feedlot" means any facility which is licensed, annually, by the state veterinarian's office where:

(a) through (d) remain the same.

(e)  all feedlots facilities are subject to inspection;

(f)  animals may be castrated or spayed at any time and if verified by an accredited deputy state veterinarian.

(16) (13)  "Negative T. foetus bull" is a bull that T. foetus has not been detected by an official trichomoniasis test, which has not commingled with female cattle since that test, and which qualifies by one of the following:

(a)  negative to an official trichomoniasis test and originates from a herd not known to be infected and has had a negative official T. foetus bull test within the last 60 days; or

(b)  originates from a test-positive herd, and has tested negative to three consecutive PCR tests at least one week apart with no breeding activity during the intervals between the tests; or

(c)  has a negative official T. foetus import bull test; or

(d) (c) virgin bull; or

(d) negative on a T. foetus import bull test as determined by the state veterinarian.

(14) "Official trichomoniasis identification" means a Montana official trichomoniasis tag or other official individual identification as determined by the state veterinarian.

(17) (15)  "Official trichomoniasis test" means the sampling procedure conducted by a deputy state trichomoniasis certified veterinarian of the preputial content of a sexually intact male bovine test-eligible bull and submitted to an approved laboratory to identify T. foetus by three weekly cultures, an individual PCR test, or other test approved by the state veterinarian. Bulls must be sexually rested for at least two weeks prior to the first test sample date.  Official trichomoniasis identification must be placed at the time of the first test. Tests expire after 60 days or immediately upon commingling. For the culture tests:

(a) remains the same.

(b)  there must be no breeding activity during the intervals between the three tests or between the final of the three negative tests and the time of import, sale, loan, or lease.

(18)  "Official Trichomoniasis retest" means an official trichomoniasis test conducted at least seven days, but not more than twenty-one days apart, after any previous official trichomoniasis test.

(19) remains the same but is renumbered (16).

(20) (17)  "Quarantine" means movement restriction issued by a deputy state veterinarian or an agent of the department that shall be placed on one or more cattle in a positive T. foetus herd. Such restriction shall specify the identity of the animals and the premises where the animals shall be confined per ARM 32.3.108.

(21)  "Quarantine release" means that all quarantined animals have completed all regulatory requirements to eliminate T. foetus infection.

(22)  "Ranch Tag" is a dangle ear tag which is readable without restraint of the animal.

(23)  "Seasonal grazing permit" means a permit issued by the Montana State Veterinarian's office to Montana livestock producers who utilize pasture lands and other livestock operations in one or multiple states that are contiguous with Montana as outlined in ARM 32.3.212(2)(g).

(18) "Slaughter channels" mean animals are consigned:

(a) directly to a licensed slaughterhouse; or

(b) directly to a licensed livestock market and then directly to a licensed slaughterhouse; or

(c) directly to a licensed trichomoniasis approved feedlot and then directly to a licensed slaughterhouse.

(24) (19) "Test-eligible bull" is any nonvirgin bull 12 months of age or older, or any bull over 24 months of age.

(25) (20) "Test-positive animal" means an animal in which an approved trichomoniasis laboratory has identified T. foetus by an official trichomoniasis test.

(26) (21)  "Test-positive herd" means a herd of cattle in which an approved trichomoniasis laboratory has identified T. foetus in one or more animals by an official trichomoniasis test, and has not completed a post breeding negative whole herd bull test.

(27) remains the same but is renumbered (22).

(28)  "Trichomoniasis certified veterinarian" means a deputy state veterinarian who has attended a Montana trichomoniasis training and has been certified by the Montana State Veterinarian.

(29) (23)  "Trichomoniasis epizootic area" is an area as defined in ARM 32.3.111 determined to have a higher risk of trichomoniasis and includeds the entirety of:

(a)  Glacier County;

(b)  Pondera County;

(c)  Yellowstone County; and

(d)  Big Horn County.

(30)  "Unacceptable sample" means a sample that is deemed not diagnostic due to compromised sample quality by an approved laboratory.

(31) and (32) remain the same but are renumbered (24) and (25).

(26) "Virgin heifer" means a female bovine less than 12 months of age that has had no potential breeding contact with sexually intact male cattle.

(27) "Whole herd trichomoniasis test" means an official T. foetus test from all test-eligible bulls in the herd.

 

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

IMP:                81-2-102, MCA

 

            32.3.502  OFFICIAL TRICHOMONIASIS TESTING AND CERTIFICATION REQUIREMENTS  (1)  Except as provided in ARM 32.2.212, the following T test-eligible bovines must be negative T. foetus bulls, except as provided in ARM 32.3.212. Test-eligible bovines include those:

            (a)  imported into Montana; or

            (b)  sold, loaned, leased, or otherwise acquired in trichomoniasis epizootic areas in Montana; or

            (c)  originating from trichomoniasis epizootic areas in Montana. ; or

            (d) from exposed herds within 45 days of notification unless otherwise agreed upon by the state veterinarian.

      (2)  For bovines that require a certificate of veterinary inspection, T the following statement must be on the certificate of veterinary inspection included: "The bull(s) identified on this certificate were are all negative to T. foetus bulls in accordance with ARM 32.3.502(13)."  There was no breeding activity between the final test and time of import, sale, loan, lease, or other acquisition in Montana."

(3) Tests expire within 60 days or immediately upon commingling with female cattle.

           

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

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

 

32.3.503 REPORTING TRICHOMONIASIS (1)  Trichomoniasis is reportable to the state veterinarian's office per ARM 32.3.104. Reports shall include the names of the trichomoniasis certified veterinarian and owner, date tested, animal identification, type of test, and the name of the approved laboratory. All approved laboratories and trichomoniasis certified Montana veterinarians conducting trichomoniasis testing of cattle in Montana shall report:

(a)  all positive tests to the department within one working day of such test or diagnosis; and

(b) all negative official trichomoniasis tests to the department within one week of such test or diagnosis.

(2) All Montana veterinarians conducting trichomoniasis testing must be certified by the state veterinarian's office in accordance with ARM 32.3.502.

 

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

IMP:                81-2-102, 81-2-107, MCA

 

32.3.505 MOVEMENT OF ANIMALS FROM TEST-POSITIVE HERDS AND EPIZOOTIC AREAS (1)  Test-positive animals shall remain quarantined until they are:

(a)  consigned directly to a licensed slaughterhouse; or

(b)  consigned directly to a licensed livestock market and then directly to a licensed slaughterhouse; or

(c)  consigned directly to a licensed trichomoniasis approved feedlot and then directly to a licensed slaughterhouse consigned to slaughter channels.

(2)  Test-positive herds shall be subject to an immediate quarantine and all animals shall remain on the current premises, the owner's premises, or another premises approved by the state veterinarian except:

(a)  any individually identified animal consigned directly to a licensed livestock market, slaughterhouse, or licensed trichomoniasis approved feedlot to slaughter channels;

(b) remains the same.

(c)  bulls that have been individually tested negative to three consecutive PCR tests at least one week apart as per ARM 32.3.501(14)(b);

(d) remains the same.

(e)  nonvirgin females over 12 months of age if:

(i)  exposed to only negative T. foetus bulls;

(ii)  documented to be greater than 120 days pregnant by an accredited deputy state veterinarian; or

(iii)  documented to have been isolated from all bulls for greater than 120 days.

(3) The owner of test-positive herds shall complete a herd management plan in consultation with a deputy state veterinarian.

(3) (4)  Release of herd quarantine for male cattle will be when:

(a) All test-positive animals have been removed from the premises and consigned to slaughter channels.

(a) (b) All remaining bulls 12 months of age and older, shall individually test negative to three consecutive PCR tests at least one week apart as per ARM 32.3.501(14)(b).  Testing must be completed within 45 days of first positive test, unless otherwise approved by the state veterinarian.

(c) An approved individual herd management plan is on file with the department.

(5) Release of quarantine for female cattle will be when:

(a) All nonvirgin female cattle have been:

(i) consigned to slaughter channels; or

(ii) documented to be greater than 120 days pregnant by a deputy state veterinarian; or

(iii) documented to be isolated from all bulls for 120 days, following the removal of a test-positive animals from the premises.

(b) An approved individual herd management plan is on file with the department and all male cattle have been released from quarantine as per ARM 32.3.505(3) and (4).

(c) Other variances or exceptions to requirements will be considered on an individual basis by the administrator based on an individual herd management plan.

            (4) (6)  Release of trichomoniasis test-positive herd status will be when a negative whole herd bull trichomoniasis test is completed following the next breeding season prior to the next breeding season.  The test must be completed prior to December 31st or as determined by an individual herd management plan.

 

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

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

 

32.3.506  EPIDEMIOLOGICAL INVESTIGATION AND EXPOSED HERD NOTIFICATION (1)  Upon receipt of a report of a test-positive animal or a test-positive herd, the department shall conduct an epidemiological investigation and shall issue an exposed herd notification notify all exposed herds.

(2) remains the same.

 

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

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

 

32.3.507 COMMON GRAZING AND GRAZING ASSOCIATIONS

(1)  All herds from multiple sources commingling in common pasture(s) that include male and female cattle shall have all nonvirgin bulls tested with the official T. foetus test as in ARM 32.3.502(1)(a) conducted after the last breeding season prior to next season's turn out. This test is valid for the next year's breeding season unless bulls are commingled with female cattle.

(a)  If any bull in the common grazing association is found to be positive a test-positive animal, all test-eligible bulls, will be subject to the requirements set forth in ARM 32.3.505 32.3.502.

(b)  Any stray nonvirgin test-eligible bull from an untested group that enters the grazing area of tested animals may be held under quarantine until the bull has one or more official T. foetus test(s) conducted.

(c) remains the same.

(2)  Commingled grazing herds may be exempt from annual testing provided that a signed, written health plan including best management practices for all of the individual herds grazing in common exists. This health plan must be approved and signed by both a local deputy state veterinarian and the state veterinarian.

 

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

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

 

            32.3.508 PENALTIES (1) and (1)(a) remain the same.

            (b) up to a $500 fine to the Department of Livestock for failure to comply with ARM 32.3.502 (REF 81-2-102(c), MCA);

            (c) through (3) remain the same.

 

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

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

 

            Reason: At the March 2013 meeting, the Montana Board of Livestock directed the animal health division to draft an administrative rule proposal that improves the management of trichomoniasis affected and exposed herds. This proposal makes corrections to language utilized and recognized and defined terms, removes definitions that are no longer in use; clarifies testing, quarantine, and reporting requirements. It also provides clarification of penalties as they apply to all trichomoniasis requirements not just to ARM 32.3.502.

 

            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 18, 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. July 18, 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.

 

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 10, 2013.

 

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