Mont. Admin. R. Title 32 — Livestock

Chapter 32.1 Organizational Rule

Subchapter 32.1.1 Organizational Rule

Mont. Admin. R. 32.1.101 Organizational Rule

(1) Organization of the Department of Livestock.

(a) History. The Department of Livestock was reorganized under the Executive Reorganization Act of 1971 by executive order of the Governor on November 22, 1971.

(b) Divisions. The department consists of three divisions: Animal Health and Food Safety Division; Brands Enforcement Division; and the Centralized Services Division. Each division is further broken down into bureaus and sections. (See functional chart.)

(c) The head of the Department of Livestock is the Board of Livestock as set forth in 2-15-3101, MCA.

(d) The Board of Livestock, as set forth in 2-15-3102, MCA, consists of seven members appointed by the Governor for six-year terms. The chairman is named by the governor.

(e) The Executive Officer for the Department of Livestock is appointed by the Board of Livestock as set forth in 81-1-102, MCA.

(f) Attached boards.

(i) Livestock Crimestoppers Commission.

(ii) Board of Milk Control.

(iii) Livestock Loss Board.

(2) Functions of the Department of Livestock.

(a) The Animal Health and Food Safety Division consists of the following bureaus:

(i) The Animal Health Bureau functions are to provide for the diagnosis, prevention, control, and eradication of animal diseases and disorders; maintain a disease surveillance system; provide education and information on animal diseases and disorders to the livestock industry, the veterinary profession, and the public at large; conduct applied research into the causes, transmissibility, and control of animal disease and disorders; enforce sanitary standards of meat, poultry, eggs, and dairy products produced or sold in Montana, and inspect animals at livestock auction markets; monitor and enforce import export requirements applied to livestock; assist the Department of Public Health and Human Services in the control of animal diseases transmissible to persons; to protect livestock and human health from rabies by controlling wildlife, especially skunks, known to be vector species of rabies; and provide information, education, and regulation of alternative livestock facilities. These functions are accomplished by state level programs and by cooperation with counties, private groups, other government agencies, and individuals.

(ii) The Milk and Egg Bureau functions are to ensure that eggs, milk, and milk products sold or manufactured in Montana are fit for human consumption. This function is accomplished through licensing, sampling, laboratory testing, product and site inspection and is done in cooperation with other state and federal agencies. The bureau supervises the enforcement of state and federal law.

(iii) The Meat and Poultry Inspection Bureau functions are to ensure that meat and poultry products processed, manufactured, or sold in Montana are handled in a sanitary manner thereby ensuring a clean and wholesome product for human consumption. This function is accomplished through licensing, inspection of premises, slaughter inspection, process inspection, sampling, and laboratory testing. This is done in cooperation with other state and federal agencies. The bureau enforces state and federal laws.

(iv) The Veterinary Diagnostic Laboratory Bureau functions are to provide laboratory support for the Animal Health, Milk and Egg, and the Meat and Poultry Inspection Bureaus; provide laboratory diagnostic support to veterinarians and livestock producers; conduct food safety testing of meat, poultry, eggs, and dairy products produced and sold in Montana; provide test services to enhance the marketability of livestock; and assist the Department of Public Health and Human Services in diagnosing zoonotic diseases. Testing on wildlife and small animals is performed upon request.

(b) The Centralized Services Division provides the following services to the Department of Livestock: accounting, budgeting, payroll, information technology, personnel, risk management, purchasing, general services, and administrative support. The division is responsible for providing administrative support to the Milk Control and Livestock Loss attached boards.

(c) The Brands Enforcement Division consists of the following bureaus and is responsible for providing administrative support to the attached Livestock Crimestoppers Commission:

(i) The Enforcement Bureau functions are to protect and foster the state's livestock industry by enforcing livestock laws, inspecting livestock for brands, and conducting theft investigations.

(ii) The Market Bureau functions are to regulate livestock markets and ensure standard uniform inspections at markets.

(iii) The Brands and Records Bureau functions are to issue and record brands, receive and file notices on livestock security agreements, regulate livestock dealers and markets, and maintain the Brands Enforcement Division's records.

(3) Functions of the attached boards.

(a) The Livestock Crimestoppers Commission is administratively attached to the department in accordance with 2-15-121 and 2-15-3104, MCA.

(b) The Board of Milk Control is administratively attached to the department in accordance with 2-15-121 and 2-15-3105, MCA.

(c) The Livestock Loss Board is administratively attached to the department in accordance with 2-15-3110, MCA.

(4) Information or submissions.

(a) General and specific inquiries regarding a division may be addressed to the supervisor or administrator.

(b) All requests for hearings, declaratory rulings, and for participation in rulemaking may be addressed to either the Executive Officer or to the Board of Livestock.

(c) Parties interested in notices of hearings, declaratory rulings, and proposed rules should refer to notices in the Montana Administrative Register. Interested parties can also log onto the department website at www.liv.mt.gov and click on Administrative Rules under agency information.

(5) Personnel roster. The Board of Livestock, executive officer, and division administrators can be contacted at the Scott Hart Building, 301 N. Roberts Street, P.O. Box 202001, Helena, MT 59620; phone (406) 444-9321. Information regarding the department and its personnel can also be found at www.liv.mt.gov .

(6) Chart of Department of Livestock Organization. A descriptive chart of the Department of Livestock is attached as the following page of this rule and by this reference is incorporated.

History

• Authorizing statute(s): 2-4-201, MCA
• History: Eff. 12/31/72; AMD, Eff. 2/28/78; AMD, Eff. 10/31/78; AMD, Eff. 7/2/79; AMD, Eff. 9/30/81; AMD, Eff. 6/30/84; AMD, Eff. 3/29/85; AMD, Eff. 6/30/96; AMD, Eff. 12/31/99; AMD, Eff. 6/30/02, AMD, Eff. 12/31/09. AMD, Eff. 9/30/10; AMD, 9/30/11; AMD, 6/30/20.

Chapter 32.2 Overall Department Rules

Subchapter 32.2.1 General Procedural Rules

Mont. Admin. R. 32.2.101 Model Procedural Rules

(1) The Department of Livestock adopts the attorney general's model procedural rules as contained in ARM Title 1.

History

• Authorizing statute(s): 2-4-201, MCA
• Implementing statute(s): 2-4-201, 2-4-202, MCA
• History: Eff. 12/31/72; AMD, 1980 MAR p. 1487, Eff. 5/16/80; AMD, 2020 MAR p. 328, Eff. 2/15/20.

Mont. Admin. R. 32.2.102 Board Oversight of Employee Actions

(1) When a person can demonstrate that an action of an employee of the Department of Livestock is unfair and if carried to completion will result in unnecessary inconvenience or harm to them, that person must appeal the action of the employee in writing to the employee's immediate supervisor within 60 days of the action. Any subsequent appeal must be made to each successive immediate supervisor, up to an appeal to the board.

History

• Authorizing statute(s): 2-4-201, MCA
• Implementing statute(s): 2-4-201, 2-15-3101, MCA
• History: NEW, 1978 MAR p. 577, Eff. 4/25/78; AMD, 2018 MAR p. 846, Eff. 4/28/18.

Mont. Admin. R. 32.2.103 Policies and Objectives in Providing Public Participation in the Operation of the Department of Livestock

(1) Participation of the public is to be provided for, encouraged, and assisted with to the fullest extent practicable, consistent with other requirements of state law, and the rights and requirements of personal privacy. The department invites and encourages public participation to better identify and meet customer needs. The major objectives of public participation include:

(a) greater responsiveness of governmental actions to public concerns and priorities; and

(b) improved public understanding of official programs and actions.

(2) The public is also advised that in accordance with 2-3-103, MCA, an opportunity for public comment on any public matter not on the agenda of the department's public meetings and that is within the department's jurisdiction is given. No action will be taken on these matters until proper notice has been given under the provisions of Montana law.

(3) Department employees shall make decisions based on what is best for the customer, both internal and external, within the parameters of applicable laws and administrative rules.

History

• Authorizing statute(s): 2-3-103, MCA
• Implementing statute(s): 2-3-103, MCA
• History: NEW, 2025 MAR, Notice No. 2025-139, Eff. 9/27/25.

Mont. Admin. R. 32.2.104 Guidelines for Determination of Significant Interest to the Public

(1) The adoption, amendment, or repeal of any rule, regulation, standard, or statement of general applicability that implements, interprets, or prescribes law, or policy, procedure, or practice requirements of the department are considered matters of significant interest to the public and require notice and opportunity for public participation in the decision-making process.

(2) In all other cases, whether or not the decision is one of significant interest to the public will be determined by the person within the department who is proposing the decision, according to the following considerations:

(a) whether the decision regards a controversial matter;

(b) the number of persons who will be affected by the decision;

(c) the fiscal impact the decision will have; or

(d) whether a high level of public interest has been witnessed by the department.

History

• Authorizing statute(s): 2-3-103, MCA
• Implementing statute(s): 2-3-103, 2-4-101, 2-4-102, MCA
• History: NEW, 2025 MAR, Notice No. 2025-139, Eff. 9/27/25.

Mont. Admin. R. 32.2.105 Notice and Means for Public Participation

(1) If the department determines that significant interest to the public is involved, one or more of the following steps, as applicable, shall be taken to assist public participation in decision-making:

(a) a proceeding or hearing shall be held in compliance with the provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, MCA;

(b) a public hearing, after appropriate notice is given, shall be held pursuant to any other provision, state law, local ordinance, or regulation;

(c) a news release, legal advertisement, or other method of publication shall be given to news media within the area to be affected, including:

(i) department name;

(ii) name of department representative most familiar with the proposed action; and

(iii) address, e-mail address, telephone and fax numbers where interested persons may submit their data, views, or arguments, orally or in writing, concerning the proposed action.

History

• Authorizing statute(s): 2-3-103, MCA
• Implementing statute(s): 2-3-103, 2-3-104, MCA
• History: NEW, 2025 MAR, Notice No. 2025-139, Eff. 9/27/25.

Subchapter 32.2.2 Montana Environmental Policy Act

Mont. Admin. R. 32.2.201 Policy Statement Concerning Mepa Rules

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.202 Definition of Mepa Terms

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.203 Determination of Necessity for Environmental Impact Statement

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.204 Preparation of Preliminary Environmental Review

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.205 Preparation and Contents of Draft Environmental Statements

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.206 Adoption of Draft Environmental Impact Statement as Final

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.207 Preparation and Contents of Final Environmental Impact Statements

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.208 Time Limits and Distribution of Environmental Impact Statements

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4­-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.209 Supplements to Environmental Impact Statements

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.210 Incorporation by Reference and Adoption

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.211 Length, Format, and Summary of Environmental Impact Statement

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.212 Interagency Cooperation

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.213 Joint Environmental Impact Statements

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.214 Preparation, Content, and Distribution of a Programmatic Review

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW; 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.215 Emergencies

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.216 Confidentiality

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW; 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.217 Resolution of Statutory Conflicts

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.218 Disclosure

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.219 Public Hearings

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.220 Retroactive Application of the Mepa Rules Amendments

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.221 Policy Statement Concerning Mepa Rules

(1) The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to the fullest extent possible." In order to fulfill the stated policy of that act, the agency shall conform to the following rules prior to reaching a final decision on proposed actions covered by MEPA.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.222 Definitions

(1) "Action" means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more other state agencies; or a project or activity involving the issuance of a lease, permit, license, certificate, or other entitlement for use or permission to act by the agency, either singly or in combination with other state agencies.

(2) "Alternative" means:

(a) an alternate approach or course of action that would appreciably accomplish the same objectives or results as the proposed action;

(b) design parameters, mitigation, or controls other than those incorporated into a proposed action by an applicant or by an agency prior to preparation of an EA or draft EIS;

(c) no action or denial; and

(d) for agency-initiated actions, a different program or series of activities that would accomplish other objectives or a different use of resources than the proposed program or series of activities.

(e) The agency is required to consider only alternatives that are realistic, technologically available, and that represent a course of action that bears a logical relationship to the proposal being evaluated.

(3) "The agency" means the Montana department of livestock.

(4) "Applicant" means a person or any other entity who applies to the agency for a grant, loan, subsidy, or other funding assistance, or for a lease, permit, license, certificate, or other entitlement for use or permission to act.

(5) "Categorical exclusion" refers to a type of action which does not individually, collectively, or cumulatively require an EA or EIS, as determined by rulemaking or programmatic review adopted by the agency, unless extraordinary circumstances, as defined by rulemaking or programmatic review, occur.

(6) "Compensation" means the replacement or provision of substitute resources or environments to offset an impact on the quality of the human environment. The agency may not consider compensation for purposes of determining the significance of impacts (see ARM 32.2.223(4) ) .

(7) "Cumulative impact" means the collective impacts on the human environment of the proposed action when considered in conjunction with other past and present actions related to the proposed action by location or generic type. Related future actions must also be considered when these actions are under concurrent consideration by any state agency through pre-impact statement studies, separate impact statement evaluation, or permit processing procedures.

(8) "Emergency actions" include, but are not limited to:

(a) projects undertaken, carried out, or approved by the agency to repair or restore property or facilities damaged or destroyed as a result of a disaster when a disaster has been declared by the governor or other appropriate government entity;

(b) emergency repairs to public service facilities necessary to maintain service; and

(c) projects, whether public or private, undertaken to prevent or mitigate immediate threats to public health, safety, welfare, or the environment.

(9) "Environmental assessment" (EA) means a written analysis of a proposed action to determine whether an EIS is required or to serve one or more of the other purposes described in ARM 32.2.223(2) .

(10) "Environmental impact statement" (EIS) means the detailed written statement required by 75-1-201, MCA, which may take several forms:

(a) "Draft environmental impact statement" means a detailed written statement prepared to the fullest extent possible in accordance with 75-1-201(1) (b) (iii) , MCA, and these rules;

(b) "Final environmental impact statement" means a written statement prepared to the fullest extent possible in accordance with 75-1-201, MCA, and ARM 32.2.229 or 32.2.230 and which responds to substantive comments received on the draft environmental impact statement;

(c) "Joint environmental impact statement" means an EIS prepared jointly by more than one agency, either state or federal, when the agencies are involved in the same or a closely related proposed action.

(11) "Environmental quality council" (EQC) means the council established pursuant to Title 75, chapter 1, MCA, and 5-16-101, MCA.

(12) "Human environment" includes, but is not limited to biological, physical, social, economic, cultural, and aesthetic factors that interrelate to form the environment. As the term applies to the agency's determination of whether an EIS is necessary (see ARM 32.2.223(1) ) , economic and social impacts do not by themselves require an EIS. However, whenever an EIS is prepared, economic and social impacts and their relationship to biological, physical, cultural and aesthetic impacts must be discussed.

(13) "Lead agency" means the state agency that has primary authority for committing the government to a course of action or the agency designated by the governor to supervise the preparation of a joint environmental impact statement or environmental assessment.

(14) "Mitigation" means:

(a) avoiding an impact by not taking a certain action or parts of an action;

(b) minimizing impacts by limiting the degree or magnitude of an action and its implementation;

(c) rectifying an impact by repairing, rehabilitating, or restoring the affected environment; or

(d) reducing or eliminating an impact over time by preservation and maintenance operations during the life of an action or the time period thereafter that an impact continues.

(15) "Programmatic review" means an analysis (EIS or EA) of the impacts on the quality of the human environment of related actions, programs, or policies.

(16) "Residual impact" means an impact that is not eliminated by mitigation.

(17) "Scope" means the range of reasonable alternatives, mitigation, issues, and potential impacts to be considered in an environmental assessment or an environmental impact statement.

(18) "Secondary impact" means a further impact to the human environment that may be stimulated or induced by or otherwise result from a direct impact of the action.

(19) "State agency" means an office, commission, committee, board, department, council, division, bureau, or section of the executive branch of state government.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.223 General Requirements of the Environmental Review Process

(1) Section 75-1-201, MCA, requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) on each proposal for projects, programs, legislation, and other major actions of state government significantly affecting the quality of the human environment. To determine the level of environmental review for each proposed action that is necessary to comply with 75-1-201, MCA, the agency shall apply the following criteria:

(a) The agency shall prepare an EIS as follows:

(i) whenever an EA indicates that an EIS is necessary; or

(ii) whenever, based on the criteria in ARM 32.2.224, the proposed action is a major action of state government significantly affecting the quality of the human environment.

(b) An EA may serve any of the following purposes:

(i) to ensure that the agency uses the natural and social sciences and the environmental design arts in planning and decision-making. An EA may be used independently or in conjunction with other agency planning and decision-making procedures;

(ii) to assist in the evaluation of reasonable alternatives and the development of conditions, stipulations or modifications to be made a part of a proposed action;

(iii) to determine the need to prepare an EIS through an initial evaluation and determination of the significance of impacts associated with a proposed action;

(iv) to ensure the fullest appropriate opportunity for public review and comment on proposed actions, including alternatives and planned mitigation, where the residual impacts do not warrant the preparation of an EIS; and

(v) to examine and document the effects of a proposed action on the quality of the human environment, and to provide the basis for public review and comment, whenever statutory requirements do not allow sufficient time for an agency to prepare an EIS. The agency shall determine whether sufficient time is available to prepare an EIS by comparing statutory requirements that establish when the agency must make its decision on the proposed action with the time required by ARM 32.2.227 to obtain public review of an EIS plus a reasonable period to prepare a draft EIS and, if required, a final EIS.

(c) The agency shall prepare an EA whenever:

(i) the action is not excluded under (1) (e) and it is not clear without preparation of an EA whether the proposed action is a major one significantly affecting the quality of the human environment;

(ii) the action is not excluded under (1) (e) and although an EIS is not warranted, the agency has not otherwise implemented the interdisciplinary analysis and public review purposes listed in (1) (b) (i) and (iv) through a similar planning and decision-making process; or

(iii) statutory requirements do not allow sufficient time for the agency to prepare an EIS.

(d) The agency may, as an alternative to preparing an EIS, prepare an EA whenever the action is one that might normally require an EIS, but effects which might otherwise be deemed significant appear to be mitigable below the level of significance through design, or enforceable controls or stipulations or both imposed by the agency or other government agencies. For an EA to suffice in this instance, the agency must determine that all of the impacts of the proposed action have been accurately identified, that they will be mitigated below the level of significance, and that no significant impact is likely to occur. The agency may not consider compensation for purposes of determining that impacts have been mitigated below the level of significance.

(e) The agency is not required to prepare an EA or an EIS for the following categories of action:

(i) actions that qualify for a categorical exclusion as defined by rule or justified by a programmatic review. In the rule or programmatic review, the agency shall identify any extraordinary circumstances in which a normally excluded action requires an EA or EIS;

(ii) administrative actions such as routine, clerical or similar functions of a department, including but not limited to administrative procurement, contracts for consulting services, and personnel actions;

(iii) minor repairs, operations, or maintenance of existing equipment or facilities;

(iv) investigation and enforcement such as data collection, inspection of facilities or enforcement of environmental standards;

(v) ministerial actions such as actions in which the agency exercises no discretion, but rather acts upon a given state of facts in a prescribed manner; and

(vi) actions that are primarily social or economic in nature and that do not otherwise affect the human environment.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.224 Determining the Significance of Impacts

(1) In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also refers to the agency's evaluation of individual and cumulative impacts in either EAs or EISs. The agency shall consider the following criteria in determining the significance of each impact on the quality of the human environment:

(a) the severity, duration, geographic extent, and frequency of occurrence of the impact;

(b) the probability that the impact will occur if the proposed action occurs; or conversely, reasonable assurance in keeping with the potential severity of an impact that the impact will not occur;

(c) growth-inducing or growth-inhibiting aspects of the impact, including the relationship or contribution of the impact to cumulative impacts;

(d) the quantity and quality of each environmental resource or value that would be affected, including the uniqueness and fragility of those resources or values;

(e) the importance to the state and to society of each environmental resource or value that would be affected;

(f) any precedent that would be set as a result of an impact of the proposed action that would commit the department to future actions with significant impacts or a decision in principle about such future actions; and

(g) potential conflict with local, state, or federal laws, requirements, or formal plans.

(2) An impact may be adverse, beneficial, or both. If none of the adverse effects of the impact are significant, an EIS is not required. An EIS is required if an impact has a significant adverse effect, even if the agency believes that the effect on balance will be beneficial.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.225 Preparation and Contents of Environmental Assessments

(1) The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be addressed in an EA. Whenever the agency elects to initiate this process, it shall follow the procedures contained in ARM 32.2.227.

(2) For a routine action with limited environmental impact, the contents of an EA may be reflected on a standard checklist format. At the other extreme, whenever an action is one that might normally require an EIS, but effects that otherwise might be deemed significant are mitigated in project design or by controls imposed by the agency, the analysis, format, and content must all be more substantial. The agency shall prepare the evaluations and present the information described in (3) as applicable and in a level of detail appropriate to the following considerations:

(a) the complexity of the proposed action;

(b) the environmental sensitivity of the area affected by the proposed action;

(c) the degree of uncertainty that the proposed action will have a significant impact on the quality of the human environment;

(d) the need for and complexity of mitigation required to avoid the presence of significant impacts.

(3) To the degree required in (2) above, an EA must include:

(a) a description of the proposed action, including maps and graphs;

(b) a description of the benefits and purpose of the proposed action. If the agency prepares a cost/benefit analysis before completion of the EA, the EA must contain the cost/benefit analysis or a reference to it;

(c) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction or environmental review responsibility for the proposed action and the permits, licenses, and other authorizations required;

(d) an evaluation of the impacts, including cumulative and secondary impacts, on the physical environment. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including, where appropriate:

(i) terrestrial and aquatic life and habitats;

(ii) water quality, quantity, and distribution;

(iii) geology;

(iv) soil quality, stability, and moisture;

(v) vegetation cover, quantity and quality;

(vi) aesthetics;

(vii) air quality;

(viii) unique, endangered, fragile, or limited environmental resources;

(ix) historical and archaeological sites; and

(x) demands on environmental resources of land, water, air and energy;

(e) an evaluation of the impacts, including cumulative and secondary impacts, on the human population in the area to be affected by the proposed action. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including where appropriate:

(i) social structures and mores;

(ii) cultural uniqueness and diversity;

(iii) access to and quality of recreational and wilderness activities;

(iv) local and state tax base and tax revenues;

(v) agricultural or industrial production;

(vi) human health;

(vii) quantity and distribution of employment;

(viii) distribution and density of population and housing;

(ix) demands for government services;

(x) industrial and commercial activity;

(xi) locally adopted environmental plans and goals; and

(xii) other appropriate social and economic circumstances;

(f) a description and analysis of reasonable alternatives to a proposed action whenever alternatives are reasonably available and prudent to consider and a discussion of how the alternative would be implemented;

(g) a listing and appropriate evaluation of mitigation, stipulations, and other controls enforceable by the agency or another government agency;

(h) a listing of other agencies or groups that have been contacted or have contributed information;

(i) the names of persons responsible for preparation of the EA; and

(j) a finding on the need for an EIS and, if appropriate, an explanation of the reasons for preparing the EA. If an EIS is not required, the EA must describe the reasons the EA is an appropriate level of analysis.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.226 Public Review of Environmental Assessments

(1) The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public review to match these factors.

(2) An EA is a public document and may be inspected upon request. Any person may obtain a copy of an EA by making a request to the agency. If the document is out-of-print, a copying charge may be levied.

(3) The agency is responsible for providing additional opportunities for public review consistent with the seriousness and complexity of the environmental issues associated with a proposed action and the level of public interest. Methods of accomplishing public review include:

(a) publishing a news release or legal notice to announce the availability of an EA, summarizing its content and soliciting public comment;

(b) holding public meetings or hearings;

(c) maintaining mailing lists of persons interested in a particular action or type of action and notifying them of the availability of EAs on such actions; and

(d) distributing copies of EAs for review and comment.

(4) For an action with limited environmental impact and little public interest, no further public review may be warranted. However, where an action is one that normally requires an EIS, but effects that otherwise might be deemed significant are mitigated in the project proposal or by controls imposed by the agency, public involvement must include the opportunity for public comment, a public meeting or hearing, and adequate notice. The agency is responsible for determining appropriate methods to ensure adequate public review on a case by case basis.

(5) The agency shall maintain a log of all EAs completed by the agency and shall submit a list of any new EAs completed to the office of the governor and the EQC on a quarterly basis. In addition, the agency shall submit a copy of each completed EA to the EQC.

(6) The agency shall consider the substantive comments received in response to an EA and proceed in accordance with one of the following steps, as appropriate:

(a) determine that an EIS is necessary;

(b) determine that the EA did not adequately reflect the issues raised by the proposed action and issue a revised document; or

(c) determine that an EIS is not necessary and make a final decision on the proposed action, with appropriate modification resulting from the analysis in the EA and analysis of public comment.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.227 Determining the Scope of an Environmental Impact Statement

(1) Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS.

(2) To identify the scope of an EIS, the agency shall:

(a) invite the participation of affected federal, state, and local government agencies, Indian tribes, the applicant, if any, and interested persons or groups;

(b) identify the issues related to the proposed action that are likely to involve significant impacts and that will be analyzed in depth in the EIS;

(c) identify the issues that are not likely to involve significant impacts, thereby indicating that unless unanticipated effects are discovered during the preparation of the EIS, the discussion of these issues in the EIS will be limited to a brief presentation of the reasons they will not significantly affect the quality of the human environment; and

(d) identify those issues that have been adequately addressed by prior environmental review, thereby indicating that the discussion of these issues in the EIS will be limited to a summary and reference to their coverage elsewhere; and

(e) identify possible alternatives to be considered.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.228 Environmental Impact Statements--General Requirements

(1) The following apply to the design and preparation of EISs:

(a) The agency shall prepare EISs that are analytic rather than encyclopedic.

(b) The agency shall discuss the impacts of a proposed action in a level of detail that is proportionate to their significance. For other than significant issues, an EIS need only include enough discussion to show why more study is not warranted.

(c) The agency shall prepare with each draft and final EIS a brief summary that is available for distribution separate from the EIS. The summary must describe:

(i) the proposed action being evaluated by the EIS, the impacts, and the alternatives;

(ii) areas of controversy and major conclusions;

(iii) the tradeoffs among the alternatives; and

(iv) the agency's preferred alternative, if any.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.229 Preparation and Contents of Draft Environmental Impact Statements

(1) If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following:

(a) a description of the proposed action, including its purpose and benefits;

(b) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction and a description of their responsibility for the proposed action;

(c) a description of the current environmental conditions in the area affected by the proposed action or alternatives, including maps and charts, whenever appropriate. The description must be no longer than is necessary to understand the effects of the action and alternatives. Data analysis must be commensurate with the importance of the impact with less important material summarized, consolidated, or simply referenced;

(d) a description of the impacts on the quality of the human environment of the proposed action including:

(i) the factors listed in ARM 32.2.225(3) (d) and (e) , whenever appropriate;

(ii) primary, secondary, and cumulative impacts;

(iii) potential growth-inducing or growth-inhibiting impacts;

(iv) irreversible and irretrievable commitments of environmental resources, including land, air, water and energy;

(v) economic and environmental benefits and costs of the proposed action; and

(vi) the relationship between local short-term uses of man's environment and the effect on maintenance and enhancement of the long-term productivity of the environment. Where a cost-benefit analysis is prepared by the agency prior to the preparation of the draft EIS, it shall be incorporated by reference in or appended to the EIS;

(e) an analysis of reasonable alternatives to the proposed action, including the alternative of no action and other reasonable alternatives that may or may not be within the jurisdiction of the agency to implement, if any;

(f) a discussion of mitigation, stipulations, or other controls committed to and enforceable by the agency or other government agency;

(g) a discussion of any compensation related to impacts stemming from the proposed action;

(h) an explanation of the tradeoffs among the reasonable alternatives;

(i) the agency's preferred alternative, if any, and its reasons for the preference;

(j) a section on consultation and preparation of the draft EIS that includes the following:

(i) the names of those individuals or groups responsible for preparing the EIS;

(ii) a listing of other agencies, groups, or individuals who were contacted or contributed information; and

(iii) a summary list of source materials used in the preparation of the draft EIS;

(k) a summary of the draft EIS as required in ARM 32.2.228; and

(l) other sections that may be required by other statutes in a comprehensive evaluation of the proposed action, or by the National Environmental Policy Act or other federal statutes governing a cooperating federal agency.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.230 Adoption of Draft Environmental Impact Statement as Final

(1) Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft EIS within 30 days of the close of the comment period on the draft EIS.

(2) In the event the agency determines to adopt the draft EIS, the agency shall notify the governor, the EQC, the applicant, if any, and all commenters of its decision and provide a statement describing its proposed course of action. This notification must be accompanied by a copy of all comments or a summary of a representative sample of comments received in response to the draft statement, together with, at minimum, an explanation of why the issues raised do not warrant the preparation of a final EIS.

(3) The agency shall provide public notice of its decision to adopt the draft EIS as a final EIS.

(4) If the agency decides to adopt the draft EIS as the final EIS, it may make a final decision on the proposed action no sooner than 15 days after complying with (1) through (3) above.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.231 Preparation and Contents of Final Environmental Impact Statement

(1) Except as provided in ARM 32.2.230, a final environmental impact statement must include:

(a) a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comments received on the draft EIS, stating specifically where such conclusions and information were changed from those which appeared in the draft;

(b) a list of all sources of written and oral comments on the draft EIS, including those obtained at public hearings, and, unless impractical, the text of comments received by the agency (in all cases, a representative sample of comments must be included) ;

(c) the agency's responses to substantive comments, including an evaluation of the comments received and disposition of the issues involved;

(d) data, information, and explanations obtained subsequent to circulation of the draft; and

(e) the agency's recommendation, preferred alternative, or proposed decision together with an explanation of the reasons therefore.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.232 Time Limits and Distribution of Environmental Impact Statements

(1) Following preparation of a draft EIS, the agency shall distribute copies to the governor, the EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies.

(2) The listed transmittal date to the governor and the EQC must not be earlier than the date that the draft EIS is mailed to other agencies, organizations, and individuals. The agency shall allow 30 days for reply, provided that the agency may extend this period up to an additional 30 days at its discretion or upon application of any person for good cause. When preparing a joint EIS with a federal agency or agencies, the agency may also extend this period in accordance with time periods specified in regulations that implement the National Environmental Policy Act. However, no extension which is otherwise prohibited by law may be granted.

(3) In cases involving an applicant, after the period for comment on the draft EIS has expired, the agency shall send to the applicant a copy of all written comments that were received. The agency shall advise the applicant that he has a reasonable time to respond in writing to the comments received by the agency on the draft EIS and that the applicant's written response must be received before a final EIS can be prepared and circulated. The applicant may waive his right to respond to the comments on the draft EIS.

(4) Following preparation of a final EIS, the agency shall distribute copies to the governor, the EQC, appropriate state and federal agencies, the applicant, if any, persons who submitted comments on or received a copy of the draft EIS, and other members of the public upon request.

(5) Except as provided by ARM 32.2.230(4) , a final decision must not be made on the proposed action being evaluated in a final EIS until 15 days have expired from the date of transmittal of the final EIS to the governor and the EQC. The listed transmittal date to the governor and the EQC must not be earlier than the date that the final EIS is mailed to other agencies, organizations, and individuals.

(6) All written comments received on an EIS, including written responses received from the applicant, must be made available to the public upon request.

(7) Until the agency reaches its final decision on the proposed action, no action concerning the proposal may be taken that would:

(a) have an adverse environmental impact; or

(b) limit the choice of reasonable alternatives, including the no-action alternative.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.233 Supplements to Environmental Impact Statements

(1) The agency shall prepare supplements to either draft or final environmental impact statements whenever:

(a) the agency or the applicant makes a substantial change in a proposed action;

(b) there are significant new circumstances, discovered prior to final agency decision, including information bearing on the proposed action or its impacts that change the basis for the decision; or

(c) following preparation of a draft EIS and prior to completion of a final EIS, the agency determines that there is a need for substantial, additional information to evaluate the impacts of a proposed action or reasonable alternatives.

(2) A supplement must include, but is not limited to, a description of the following:

(a) an explanation of the need for the supplement;

(b) the proposed action; and

(c) any impacts, alternatives of other items required by ARM 32.2.229 for a draft EIS or ARM 32.2.231 for a final EIS that were either not covered in the original statement or that must be revised based on new information or circumstances concerning the proposed action.

(3) The same time periods applicable to draft and final EISs apply to the circulation and review of supplements.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.234 Adoption of an Existing Environmental Impact Statement

(1) The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the National Environmental Policy Act if the agency determines:

(a) that the existing EIS covers an action paralleling or closely related to the action proposed by the agency or the applicant;

(b) on the basis of its own independent evaluation, that the information contained in the existing EIS has been accurately presented; and

(c) that the information contained in the existing EIS is applicable to the action currently being considered.

(2) A summary of the existing EIS or the portion adopted and a list of places where the full text is available must be circulated as a part of the EIS and treated as part of the EIS for all purposes, including, if required, preparation of a final EIS.

(3) Adoption of all or part of an existing EIS does not relieve the agency of the duty to comply with ARM 32.2.231.

(4) The same time periods applicable to draft and final EISs apply to the circulation and review of EISs that include material adopted from an existing EIS.

(5) The agency shall take full responsibility for the portions of a previous EIS adopted. If the agency disagrees with certain adopted portions of the previous EIS, it shall specifically discuss the points of disagreement.

(6) No material may be adopted unless it is reasonably available for inspection by interested persons within the time allowed for comment.

(7) Whenever part of an existing EIS or concurrently prepared EIS is adopted, the part adopted must include sufficient material to allow the part adopted to be considered in the context in which it was presented in the original EIS.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.235 Interagency Cooperation

(1) Whenever it is the lead agency responsible for preparation of an EIS, the agency may:

(a) request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS;

(b) allocate assignments, as appropriate, for the preparation of the EIS among other participating agencies; and

(c) coordinate the efforts of all affected agencies.

(2) Whenever participation of the agency is requested by a lead agency, the agency shall make a good-faith effort to participate in the EIS as requested, with its expenses for participation in the EIS paid by the lead agency or other agency collecting the EIS fee if one is collected.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.236 Joint Environmental Impact Statements and Environmental Assessments

(1) Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the lead agency, the agency shall cooperate with the lead agency in the preparation of a joint EIS. Whenever it is clearly the lead agency, the agency shall coordinate the preparation of the EIS as required by this rule. Whenever the agency and one or more agencies have jurisdiction over an applicant's proposal or major state actions and lead agency status cannot be resolved, the agency shall request a determination from the governor.

(2) The agency shall cooperate with federal and local agencies in preparing EISs when the jurisdiction of the agency is involved. This cooperation may include, but is not limited to:

(a) joint environmental research studies;

(b) a joint process to determine the scope of an EIS;

(c) joint public hearings;

(d) joint EISs; and

(e) whenever appropriate, joint issuance of a record of decision.

(3) Whenever the agency proposes or participates in an action that requires preparation of an EIS under both the National Environmental Policy Act and MEPA, the EIS must be prepared in compliance with both statutes and associated rules and regulations. The agency may, if required by a cooperating federal agency, accede to and follow more stringent requirements, such as additional content or public review periods, but in no case may it accede to less than is provided for in these rules.

(4) The same general provisions for cooperation and joint issuance of documents provided for in this rule in connection with EISs also apply to EAs.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.237 Preparation, Content, and Distribution of a Programmatic Review

(1) Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, it shall prepare a programmatic review discussing the impacts of the series of actions.

(2) The agency may also prepare a programmatic review whenever required by statute, whenever a series of actions under the jurisdiction of the agency warrant such an analysis as determined by the agency, or whenever prepared as a joint effort with a federal agency requiring a programmatic review.

(3) The agency shall determine whether the programmatic review takes the form of an EA or an EIS in accordance with the provisions of ARM 32.2.223 and ARM 32.2.225, unless otherwise provided by statute.

(4) A programmatic review must include, as a minimum, a concise, analytical discussion of alternatives and the cumulative environmental effects of these alternatives on the human environment. In addition programmatic reviews must contain the information specified in ARM 32.2.229 for EISs or ARM 32.2.225 for EAs, as applicable.

(5) The agency shall adhere to the time limits specified for distribution and public comment on EISs or EAs, whichever is applicable.

(6) While work on a programmatic review is in progress, the agency may not take major state actions covered by the program in that interim period unless such action:

(a) is part of an ongoing program;

(b) is justified independently of the program; or

(c) will not prejudice the ultimate decision on the program. Interim action prejudices the ultimate decision on the program if it tends to determine subsequent development or foreclose reasonable alternatives.

(7) Actions taken under (6) must be accompanied by an EA or an EIS, if required.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.238 Record of Decision for Actions Requiring Environmental Impact Statements

(1) At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any other documentation of the decision that is prepared by the agency, is a public notice of what the decision is, the reasons for the decision, and any special conditions surrounding the decision or its implementation.

(2) The agency may include in the final EIS, in addition to a statement of its proposed decision, preferred alternative, or recommendation on the proposed action, the other items required by (1) , and additional explanation as provided for in (3) below. If the final decision and the reasons for that final decision are the same as set forth in the final EIS, the agency may comply with (1) by preparing a public notice of what the decision is and adopting by reference the information contained in the final EIS that addresses the items required by (1) . If the final decision or any of the items required by (1) are different from what was presented in the final EIS, the agency is responsible for preparing a separate record of decision.

(3) There is no prescribed format for a record of decision, except that it must include the items listed in (1) . The record may include the following items as appropriate:

(a) brief description of the context of the decision;

(b) the alternatives considered;

(c) advantages and disadvantages of the alternatives;

(d) the alternative or alternatives considered environmentally preferable;

(e) short and long-term effects of the decision;

(f) policy considerations that were balanced and considered in making the decision;

(g) whether all practical means to avoid or minimize environmental harm were adopted, and if not, why not; and

(h) a summary of implementation plans, including monitoring and enforcement procedures for mitigation, if any.

(4) This rule does not define or affect the statutory decision making authority of the agency.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.239 Emergencies

(1) The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as to the need for the action and the impacts and results of it. Emergency actions must be limited to those actions immediately necessary to control the impacts of the emergency.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.240 Confidentiality

(1) Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.241 Resolution of Statutory Conflicts

(1) Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules, the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action that will enable the agency to comply to the fullest extent possible with the provisions of MEPA. This notification must be made as soon as practical after the agency recognizes that a conflict exists, and no later than 30 days following such recognition.

(2) The agency has a continuing responsibility to review its programs and activities to evaluate known or anticipated conflicts between these rules and other statutory or regulatory requirements. It shall make such adjustments or recommendations as may be required to ensure maximum compliance with MEPA and these rules.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.242 Contracts and Disclosure

(1) The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or portion thereof prior to its approval, and take responsibility for its scope and content.

(2) A person contracting with the agency in the preparation of an EIS must execute a disclosure statement, in affidavit form prepared by the agency, specifying that he or she has no financial or other interest in the outcome of the proposed action other than a contract with the agency.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.243 Public Hearings

(1) Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release or legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must advise the public of the nature of testimony the agency wishes to receive at the hearing. The hearing must be held after the draft EIS has been circulated and prior to preparation of the final EIS. A hearing involving an action for which an EA was prepared must be held after the EA has been circulated and prior to any final agency determinations concerning the proposed action. In cases involving an applicant, the agency shall allow an applicant a reasonable time to respond in writing to comments made at a public hearing, notwithstanding the time limits contained in ARM 32.2.232. The applicant may waive his right to respond to comments made at a hearing.

(2) In addition to the procedure in (1) above, the agency shall take such other steps as are reasonable and appropriate to promote the awareness by interested parties of a scheduled hearing.

(3) The agency shall hold a public hearing whenever requested within 20 days of issuance of the draft EIS by either:

(a) 10% or 25, whichever is less, of the persons who will be directly affected by the proposed action;

(b) by another agency which has jurisdiction over the action;

(c) an association having not less than 25 members who will be directly affected by the proposed action; or

(d) the applicant, if any.

(4) In determining whether a sufficient number of persons have requested a hearing as required by (3) , the agency shall resolve instances of doubt in favor of holding a public hearing.

(5) No person may give testimony at the hearing as a representative of a participating agency. Such a representative may, however, at the discretion of the hearing officer, give a statement regarding his or her agency's authority or procedures and answer questions from the public.

(6) Public meetings may be held in lieu of formal hearings as a means of soliciting public comment on an EIS where no hearing is requested under (3) above. However, the agency shall provide adequate advance notice of the meeting; and, other than the degree of formality surrounding the proceedings, the objectives of such a meeting are essentially the same as those for a hearing.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.244 Fees: Determination of Authority to Impose

(1) Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount the agency reasonably estimates, as set forth in this rule, will be expended to gather information and data necessary to compile an EIS.

(2) The agency shall determine within 30 days after a completed application is filed whether it will be necessary to compile an EIS and assess a fee as prescribed by this rule. If it is determined that an EIS is necessary, the agency shall make a preliminary estimate of its costs. This estimate must include a summary of the data and information needs and the itemized costs of acquiring the data and information, including salaries, equipment costs and other expenses associated with the collection of data and information for the EIS.

(3) Whenever the preliminary estimated costs of acquiring the data and information to prepare an EIS total more than $2,500, the agency shall notify the applicant that a fee must be paid and submit an itemized preliminary estimate of the cost of acquiring the data and information necessary to compile an EIS. The agency shall also notify the applicant to prepare and submit a notarized and detailed estimate of the cost of the project being reviewed in the EIS within 15 days. In addition, the agency shall request the applicant to describe the data and information available or being prepared by the applicant which can possibly be used in the EIS. The applicant may indicate which of the agency's estimated costs of acquiring data and information for the EIS would be duplicative or excessive. The applicant must be granted, upon request, an extension of the 15-day period for submission of an estimate of the project's cost and a critique of the agency's preliminary EIS data and information accumulation cost assessment.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.245 Fees: Determination of Amount

(1) After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final amount of the fee to be assessed. The fee assessed must be based on the projected cost of acquiring all of the information and data needed for the EIS. If the applicant has gathered or is in the process of gathering information and data that can be used in the EIS, the agency shall only use that portion of the fee that is needed to verify the information and data. Any unused portion of the fee assessed may be returned to the applicant within a reasonable time after the information and data have been collected or the information and data submitted by the applicant have been verified, but in no event later than the deadline specified in these rules. The agency may extend the 15-day period provided for review of the applicant's submittal but not to exceed 45 days if it believes that the project cost estimate submitted is inaccurate or additional information must be obtained to verify the accuracy of the project cost estimate. The fee assessed must not exceed the limitations provided in 75-1-203(2) , MCA.

(2) If an applicant believes that the fee assessed is excessive or does not conform to the requirements of this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a hearing pursuant to the contested case provisions of the Montana Administrative Procedure Act. If a hearing is held on the fee assessed as authorized by this rule, the agency shall proceed with its analysis of the project wherever possible. The fact that a hearing has been requested is not grounds for delaying consideration of an application except to the extent that the portion of the fee in question affects the ability of the department to collect the data and information necessary for the EIS.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Mont. Admin. R. 32.2.246 Use of Fee

(1) The fee assessed hereunder may only be used to gather data and information necessary to compile an EIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that additional data and information must be collected or that data and information supplied by the applicant and relied upon by the agency are inaccurate or invalid, an additional fee may be assessed under the procedures outlined in these rules if the maximum fee has not been collected.

(2) Whenever the agency has completed work on the EIS, it shall submit to the applicant a complete accounting of how any fee was expended. If the money expended is less than the fee collected, the remainder of the fee shall be refunded to the applicant without interest within 45 days after work has been completed on the final EIS.

History

• Authorizing statute(s): Sec. 2-4-201 MCA
• Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA
• History: NEW, 2000 MAR p. 3409, Eff. 12/8/00.

Subchapter 32.2.3 Fees For Environmental Impact Statements

Mont. Admin. R. 32.2.301 Determination Whether Fee Required

(1) When an application for a lease, permit, contract, license or certificate is expected to result in the department incurring expenses in excess of $2,500 to compile an environmental impact statement, the applicant must be required to pay a fee in an amount which the department reasonably estimates, as set forth in this sub-chapter, will be expended to gather information and data necessary to compile an EIS.

(2) The department will determine within 30 days after a completed application is filed whether it will be necessary to compile an environmental impact statement and assess a fee as prescribed by this rule. If it is determined that an environmental impact statement is necessary, the department must make a preliminary estimate of the costs to compile the statement. This estimate will include a summary of the data and information needs and the itemized cost of acquiring the data and information, including salaries, equipment costs and any other expense associated with the collection of data and information for the EIS.

History

• Authorizing statute(s): Secs. 75-1-202, 75-1-204 MCA
• Implementing statute(s): Sec. 75-1-202 MCA
• History: NEW; Eff. 6/5/76.

Mont. Admin. R. 32.2.302 Notification to Applicant That Fee Is Required

(1) If the preliminary estimated costs of acquiring the data and information to prepare an EIS total more than $2,500, the department must notify the applicant that a fee must be paid and submit an itemized preliminary estimate of the cost of acquiring the data and information necessary to compile an EIS. The applicant must also be advised that a notarized and detailed estimate of the cost of the project being reviewed in the EIS must be submitted within 15 days after receipt of the request. In addition, the applicant must be asked to describe the data and information available or being prepared by the applicant which can possibly be used in the EIS. The applicant may indicate which of the department's estimated costs of acquiring data and information for the EIS would be duplicative or excessive. The applicant must be granted upon request an extension of the 15 day time period of submission of an estimate of the project's cost and a critique of the department's preliminary EIS data and information accumulation cost assessment.

History

• Authorizing statute(s): Secs. 75-1-202, 75-1-204 MCA
• Implementing statute(s): Sec. 75-1-202 MCA
• History: NEW; Eff. 6/5/76.

Mont. Admin. R. 32.2.303 Computation of Fee

(1) The estimated cost of a project submitted by the applicant as required by this

(a) For new facilities or additions to existing facilities that are subject to the permit provisions of 75-2-211 MCA, of the Clean Air Act of Montana, the estimated cost must be itemized by components which have different functions, including, where appropriate, building structure, boiler, generator, acid plant, cooling tower, precipitator, scrubber, baghouse, and any other components associated with the operational, production or pollution control system which is covered by the application. The provisions of this rule do not apply to applications for a variance under 75-2-212 MCA, of the Clean Air Act of Montana. A filing fee must be paid as specified in that section for such applications.

(b) For new facilities or additions to existing facilities that are subject to the permit provisions of Water Pollution Control Act of Montana, the estimated cost must be itemized by components which have different functions, including, where appropriate, building structure, production components, treatment works, such as pumps, pipes, lining materials, ponds, ditches, diversions, dams, dikes and mechanical treatment works and any other component associated with the operational, production and pollution control system which is covered by the application.

(2) After receipt of the applicant's estimated cost of the project and analysis of the department's preliminary estimate of the cost of acquiring information and data for the EIS, the department must notify the applicant within 15 days of the final amount of the fee to be assessed. The fee assessed must be based on the projected cost of acquiring all of the information and data needed, for the EIS. If the applicant has gathered or is in the process of gathering information and data that can be used in the EIS, the depart-ment must only use that portion of the fee that is needed to verify the information and data. Any unused portion of the fee assessed may be returned to the applicant within a reasonable time after the information and data has been collected or the information and data submitted by the applicant has been verified, but in no event later than the deadline specified in section 32.2.306. The department may extend the 15 day time period provided for review of the

applicant's submittal for not to exceed 45 days if it believes that the project cost estimate submitted is inaccurate or additional information must be obtained to verify the accuracy of the project cost estimate.

(3) The fee assessed may not exceed the following limitations:

(a) 2% of, any estimated cost up to $1 million, plus

(b) 1% of any estimated cost over $1 million and up to $20 million, plus

(c) ½ of 1% of any estimated cost over $20 million and up to $100 million, plus

(d) ¼ of 1% of any estimated cost over $100 million and up to $300 million, plus

(e) 1/8 of 1% of any estimated cost in excess of $300 million.

chapter must include an itemized list of the estimated construction, engineering, land acquisition and contingency costs showing various components and how costs are calculated in the following manner:

History

• Authorizing statute(s): Secs. 75-1-202, 75-1-204 MCA
• Implementing statute(s): Secs. 75-1-202, 75-1-203 MCA
• History: NEW; Eff. 6/5/76.

Mont. Admin. R. 32.2.304 Hearing to Contest Fee

(1) If an applicant for a lease, permit, contract, license or certificate believes that the fee assessed is excessive or does not conform to the requirements of this chapter or section 75-1-203 MCA, the applicant may request a hearing before the department pursuant to the contested case provisions of the Montana Administrative Procedure Act. If a hearing is held on the fee assessed as authorized by this rule, the department must proceed with its analysis of the project wherever possible.

The fact that a hearing has been requested may not be grounds for delaying consideration of an application except to the extent that the portion of the fee in question affects the ability of the department to collect the data and information necessary for the EIS.

History

• Authorizing statute(s): Secs. 75-1-202, 75-1-204 MCA
• Implementing statute(s): Sec. 75-1-202 MCA
• History: NEW; Eff. 6/5/76.

Mont. Admin. R. 32.2.305 Use of Fee

(1) The fee assessed hereunder may only be used to gather data and information necessary to compile an environmental impact statement. No fee may be assessed if the department intends only to compile a preliminary environmental review or a programmatic review. If the department collects a fee and later determines that additional data and information must be collected or that data and information supplied by the applicant and relied upon by the department is inaccurate or invalid, an additional fee may be assessed under the procedures outlined in sections 32.2.301, 32.2.302, and 32.2.303 of this rule if the maximum fee has not been collected as provided by rule 32.2.303.

History

• Authorizing statute(s): Secs. 75-1-202, 75-1-204 MCA
• Implementing statute(s): Secs. 75-1-202, 75-1-205 MCA
• History: NEW; Eff. 6/5/76.

Mont. Admin. R. 32.2.306 Accounting for Use of Fee

(1) When the department has completed work on the EIS, a complete accounting of how the department expended the fee collected must be submitted to the applicant. If the cost of compiling an environmental impact statement is less than the fee collected, the remainder of the fee must be refunded to the applicant without interest within 45 days after work has been completed on the final EIS.

History

• Authorizing statute(s): Secs. 75-1-202, 75-1-204 MCA
• Implementing statute(s): Secs. 75-1-202, 75-1-205 MCA
• History: NEW; Eff. 6/5/76.

Mont. Admin. R. 32.2.307 Department to Assist in Estimating Costs

(1) The department will make every effort to assist the applicant in preparing an estimated cost of a project. Furthermore, the department will make appropriate personnel available to the applicant to discuss the department's estimated cost of compiling the information and data necessary for the EIS. After a fee has been collected and work on the compilation of data and information necessary for the EIS is begun, it is the intention of the department to return all unused or unneeded portions of the fee as promptly as possible.

History

• Authorizing statute(s): Secs. 75-1-202, 75-1-204 MCA
• Implementing statute(s): Sec. 75-1-202 MCA
• History: NEW; Eff. 6/5/76.

Subchapter 32.2.4 Fees For Licenses And Permits

Mont. Admin. R. 32.2.401 Department of Livestock Animal Health Division Fees

(1) Certifications:

(a) Brucella ovis-free flocks certification - new $40.00

(b) Brucella ovis-free flocks certification - renewal 18.00

(2) Licenses:

(a) Licensed equine-approved feedlot $1450.00

(b) Montana bull stud service 350.00

(c) Rendering or disposal plant license 5.00

(d) Trichomoniasis feedlot license - new 100.00

(e) Trichomoniasis feedlot license - renewal 12.00

(f) NPIP authorized testing agent license 50.00

(3) Permits:

(a) Biologics, conditional - new $30.00

(b) Biologics, conditional - renewal 10.00

(c) Bovine semen, annual - domestic 4.00

(d) Bovine semen, annual - international 42.00

(e) Cross border grazing - new 37.00

(f) Cross border grazing - renewal 14.00

(g) Equine semen, annual 7.00

(4) Forms and tags:

(a) Alternative livestock tags $1.68 each

(b) SV-7 - large animal cvi 1.50 each

(c) SV-7GF - alternative livestock cvi book 20.00

(d) SV-7GFc - alternative livestock continuation 15.00

(e) Trichomoniasis tags (50) 83.50

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-1-102, 81-2-502, 81-2-704, MCA
• History: NEW, 1983 MAR p. 1264, Eff. 9/16/83; AMD, 1984 MAR p. 266, Eff. 1/27/84; AMD, 1985 MAR p. 942, Eff. 7/12/85; AMD, 1987 MAR p. 105, Eff. 1/30/87; AMD, 1990 MAR p. 300, Eff. 2/9/90; AMD, 1990 MAR p. 2298, Eff. 1/1/91; AMD, 1993 p. 265, Eff. 2/12/93; AMD, 1993 MAR p. 2417, Eff. 10/14/93; AMD, 2000 MAR p. 3411, Eff. 12/8/00; AMD, 2002 MAR p. 1510, Eff. 5/16/02; AMD, 2003 MAR p. 1289, Eff. 6/27/03; AMD, 2006 MAR p. 1282, Eff. 5/19/06; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2015 MAR p. 376, Eff. 4/17/15; AMD, 2016 MAR p. 223, Eff. 2/6/16; AMD, 2016 MAR p. 2062, Eff. 11/11/16; AMD, 2017 MAR p. 492, Eff. 4/29/17; AMD, 2018 MAR p. 449, Eff. 2/24/18; AMD, 2023 MAR p. 1757, Eff. 12/9/23.

Mont. Admin. R. 32.2.402 Penalty Fees for Nonrenewal of Licenses and Permits

(1) If a person or business fails to apply for renewal under 81-22-208 , MCA, a penalty of $5 per month or fraction of a month after January 31 may be imposed by the department.

History

• Authorizing statute(s): 81-22-208, MCA
• Implementing statute(s): 81-22-208, MCA
• History: NEW, 1983 MAR p. 1264, Eff. 9/16/83.

Mont. Admin. R. 32.2.403 Diagnostic Laboratory Fees

(1) Services available through the Montana Department of Livestock Veterinary Diagnostic Laboratory (MVDL) are listed in the chart in (3), entitled MVDL Services and Fees.

(a) Mailing costs:

(i) all submissions must have shipping cost or postage prepaid;

(ii) "collect on delivery" shipments are not accepted;

(iii) any mailing costs incurred by the laboratory will be billed to the submitter.

(b) Delinquent accounts:

(i) A 1.5 percent monthly interest rate will be charged on accounts over 30 days.

(ii) Laboratory results on any account 90 days delinquent will be withheld until the entire payment is received.

(c) A 50 percent surcharge will be assessed when expedited processing is requested on a case.

(2) An accession is defined as an MVDL case number assigned to specimens from animals that are submitted by a veterinarian, owner, or other agent to the laboratory for diagnostic or surveillance testing.

(a) A fee of $5.00 will be assessed for each accession except those that are exempted. Exempted accessions are Equine Infectious Anemia (EIA) tests.

(3) MVDL services and fees:

(a) Clinical Microbiology/Bacteriology

Test | Fee Aerobic culture | $30.90 Aerobic culture - additional isolate | $15.45 Anaerobic culture | $36.00 Anaerobic culture - additional isolate | $22.65 Antibiotic susceptibility testing - additional drugs (per isolate, per drug) | $15.90 Antimicrobial susceptibility testing MIC | $25.75 Bovine Tritrichomonas foetus culture | $7.40 Brucella culture | $21.20 Campylobacter culture | $17.00 Canine diarrhea diagnostic panel | $113.00 Dermatophyte culture | $31.80 Direct microscopy/gram stain/acid fast stain | $10.60 Fecal occult blood | $11.65 Feline diarrhea diagnostic panel | $144.00 Feline Tritrichomonas foetus culture | $9.30 Fungal culture | $31.80 Giardia SNAP | $19.10 Listeria culture | $25.45 Mycoplasma culture | $21.20 Salmonella culture | $21.20 Salmonella enteritidis, Salmonella pullorum, or Salmonella gallinarum confirmatory culture | $29.70

(b) Clinical Microbiology/Parasitology

Test | Fee Cryptosporidium exam | $10.60 Dirofilaria immitis (canine heartworm) ELISA | $12.70 Dirofilaria immitis (canine heartworm) microfilaria filtration | $12.70 Fecal flotation | $18.00 Fecal flotation (quantitative) | $23.00 Giardia ELISA | $36.00 Liver fluke sedimentation | $31.80 Parasite or arthropod identification | $29.70 Trichinella pepsin degradation | $89.00

(c) Clinical Pathology

Test | Fee Biochemistry panels: | Canine endocrine panel | $29.70 Electrolyte panel | $13.80 Expanded electrolyte panel | $19.10 Feline geriatric panel | $19.10 Large animal panel | $31.80 Small animal hepatic panel | $25.45 Small animal panel | $31.80 Small animal renal panel | $25.45 Clinical profiles: | Equine fitness profile | $42.45 Feline profile | $84.90 Large animal clinic profile | $48.80 Large animal health screen | $63.65 Small animal clinical profile | $45.60 Small animal health screen | $61.50 Small animal pre-anesthetic profile | $31.80 Endocrinology: | ACTH stimulation | $37.10 Canine thyroid panel | $37.10 Canine total T4 | $12.75 Canine TSH | $12.75 Cortisol - canine, feline, equine | $19.00 Cortisol - pre & post | $37.10 Dexamethasone suppression - pre & post | $53.00 Feline thyroid panel | $31.80 Free T4 - canine & feline | $12.75 Total T3 | $12.75 Total T4 | $12.75 Hematology: | Feline anemia panel | $50.90 Fibrinogen | $8.25 Hemotropic parasite screen | $6.40 Large animal CBC - with differential | $22.65 Large animal CBC - without differential | $15.45 Reticulocyte count | $10.30 Small animal CBC - with differential | $22.65 Small animal CBC - without differential | $15.45 Miscellaneous clinical pathology tests: | Blood cross match | $19.10 Buffy coat exam | $33.95 Canine direct Coombs | $33.95 IgG RID - bovine & equine | $19.10 Individual coagulation test - PT & APTT only | $25.45 Ocular nitrate | $17.00 Phenobarbital | $29.70 PLI - canine, feline | $29.70 Individual biochemical tests (each) | $3.00 Other serum chemistry: | Bile acids - canine, feline, equine | $31.80 Bile acids - pre & post | $44.55 Urinalysis | $18.50

(d) Cytology

Test | Fee CSF analysis - SG, microprotein, cytospin, cytology | $65.00 Fluid analysis - total cell count, TP, SG, cytology | $60.00 FNA - imprint, smear, stained, or unstained | $55.00

(e) Histopathology/Immunohistochemistry

Test | Fee Biopsy per site (includes special stains, as needed) | $65.00 Decalcification/keratin treatment | $12.00 Duplicate/research/other slide processing (H&E) | $9.00 per slide Immunohistochemistry (IHC) | $38.00 Margin inking/evaluation | $10.50 Necropsy mail-in (includes special stains, as needed) | $65.00 Special stains - additional request | $10.50

(f) Milk Testing

Test | Fee Added water | $5.35 Alkaline phosphatase | $8.50 Antibiotic residue | $26.60 Brucella ring | $8.50 Coliform plate count | $25.80 Component electronic | $10.30 Component manual Gerber butterfat | $5.40 Component manual Majonnier butterfat | $16.00 Somatic cell count | $10.30 Standard/aerobic plate count | $25.80 Yeast & mold | $8.50

(g) Molecular Diagnostics (PCR)

Test | Fee Avian influenza (AI) | $42.45 Bovine coronavirus/rotavirus multiplex PCR | $47.75 Bovine respiratory disease viral PCR panel | $53.00 Bovine viral diarrhea virus (BVDV): | Individual samples (ear notch samples) | $42.45 MVDL pooled (ear notch samples) | $69.00 Classical Swine Fever, African Swine Fever, Foot & Mouth Disease, Vesicular Stomatitis Virus, Swine Influenza Virus, or Avian Paramyxovirus PCR | $42.45 each Clostridium perfringens typing PCR | $42.45 Coxiella and Chlamydophila PCR | $38.20 Equine herpes virus 1 PCR | $42.45 Equine herpes virus 4 PCR | $42.45 Equine herpes virus 1 & 4 PCR | $47.75 Escherichia coli - K99 | $42.45 Mycobacterium avium paratuberculosis (Johne's): | Individual sample | $38.20 MVDL pooled (up to 5 feces samples) | $44.55 Mycoplasma bovis PCR | $38.20 Rabbit hemorrhagic disease virus (RHDV) PCR | $42.45 Salmonella enteritidis PCR | $38.20 Tritrichomonas foetus: | Individual sample | $31.80 MVDL pooled (up to 5 samples) | $58.35

(h) Pathology

Test | Fee Abortion workup, livestock | $90.00 After hours carcass receiving | $50.00 Animal remains return/transfer | $25.00 Carcass disposal - incineration (livestock)(per lb) (min: $10, max: $400) | $0.50 Carcass disposal - incineration (other species)(per lb) (min: $10, max: $400) | $1.00 Necropsy - livestock | $125.00 Necropsy - other species | $155.00 Neonatal diarrhea workup - livestock | $150.00 Pathologist time (after hours/insurance/legal cases) | $200.00/hour Spinal cord removal (in addition to necropsy fee): | Large animal | $125.00 Small animal | $75.00

(i) Rabies

Test | Fee Livestock (with histopathology) | $67.00 Small animal | $36.00

(j) Serology

Test | Fee Anaplasmosis cELISA | $10.60 Avian influenza (AI) AGID | $8.50 Bluetongue cELISA | $10.60 Bovine leukemia virus (BLV) AGID | $10.60 Bovine leukemia virus (BLV) ELISA | $8.50 Bovine respiratory syncytial virus (BRSV) SN | $10.60 Bovine viral diarrhea virus (BVDV) type I, II - SN | $19.10 Bovine viral diarrhea virus (BVDV) ELISA | $6.40 Brucella abortus/suis: | Card, BAPA, or RAP | $2.50 FPA | $3.50 Rivanol, SPT, CF, STT | $3.50 Brucella ovis/canis ELISA | $9.50 Caprine arthritis encephalitis (CAE)/ovine progressive pneumonia (OPP) cELISA | $9.50 Epizootic hemorrhagic disease virus (EHDV) AGID | $13.80 Epizootic hemorrhagic disease virus (EHDV) ELISA | $13.40 Equine infectious anemia (EIA) AGID individual sample | $10.60 Equine infectious anemia (EIA) cELISA individual sample | $14.80 EIA Global Vet Link surcharge (per animal) | $2.00 Infectious bovine rhinotracheitis (IBR) SN | $9.50 Leptospirosis MAT: | (routine) L. canicola, L. grippo, L. hardjo, L. ictero, L. pomona | $15.90 (routine) + L. autumnalis & L. bratislava | $22.10 Per serovar | $3.00 Mycobacterium avium paratuberculosis (Johne’s) ELISA | $9.50 Parainfluenza virus type 3 (PI3) HAI | $7.40 Pseudorabies gB ELISA | $8.00 Salmonella pullorum/gallinarum MAT | $6.90 Vesicular stomatitis virus (VSV): | CF | $58.35 NJ & Ind SN | $19.00 West Nile virus IgM ELISA | $27.50

(k) Serology - Small Animal

Test | Fee Brucella canis - RSAT screen, 2ME-TAT confirmation | $27.50 Feline infectious peritonitis (FIP)/feline enteric coronavirus (FCoV) ELISA | $37.00 Feline leukemia virus (FeLV) SNAP | $25.50 Feline leukemia/feline immunodeficiency virus/heartworm SNAP | $34.00

(l) Virology

Test | Fee Bovine viral diarrhea virus (BVDV) SNAP | $7.40 Brucella canis IFA | $25.75 Canine distemper virus ELISA | $12.35 Canine parvovirus SNAP | $31.80 Canine tick-borne disease antibody screen (4 tests) | $82.40 Anaplasma phagocytophilum (canine anaplasmosis) IFA | $27.80 Borrelia burgdorferi (Lyme disease) IFA | $27.80 Ehrlichia canis (canine ehrlichoisis) IFA | $27.80 Rickettsia rickettsii (rocky mountain spotted fever) IFA | $27.80 Chronic wasting disease ELISA | $17.00 Chronic wasting disease IHC | $36.00 Coxiella burnetii (Q fever) ELISA | $13.80 Equine abortion serology panel | $46.35 Equine rhinopneumonitis (equine herpesvirus) SN | $16.50 Equine tick-borne disease antibody screen (2 tests) | $51.50 Anaplasma phagocytophilum (equine erhlichosis) IFA | $27.80 Borrelia burgdorferi (Lyme disease) IFA | $27.80 Equine viral arteritis (EVA) SN | $17.00 Fluorescent antibody (FA) testing - per agent: | Bovine coronavirus (BCV) | $11.65 Bovine respiratory syncytial virus (BRSV) SN | $11.65 Bovine viral diarrhea virus (BVDV) | $11.65 Canine distemper (CDV) | $11.65 Canine parvovirus (CPV) | $11.65 Equine herpesvirus (EHV) | $11.65 Feline panleukopenia (FPLV) | $11.65 Feline infectious peritonitis (FIP)/feline enteric coronavirus (FCoV) | $11.65 Feline herpes virus (FHV) | $11.65 Infectious bovine rhinotracheitis (IBR) | $11.65 Leptospira interrogans | $11.65 Miscellaneous | $11.65 Parainfluenza virus type 3 (PI3) | $11.65 Porcine parvovirus (PPV) | $11.65 Neospora caninum cELISA | $8.00 Ovine abortion serology panel | $51.50 Parainfluenza virus type 3 (PI3) SN | $7.40 Pregnancy test | $4.75 Pregnancy ELISA | $6.00 Ruminant abortion serology panel | $51.50 Small animal pregnancy test | $26.52 Toxoplasmosis IgG ELISA | $14.95 Virus isolation (livestock only) | $36.00

(m) Miscellaneous Tests/Fees

Test | Fee After hours reporting fee | $20.00 Blood tube mailers (small) (5 tubes) | $2.50 Blood tube mailers (medium) (4 tubes + slides) | $5.00 Blood tube mailers (large) (8 tubes + slides) | $7.50 Blood tube mailers (40 tubes) | $2.00 Blood tube mailers (100 tubes) | $3.00 Campylobacter tube | $2.00 Cleaning/decontamination | $2.00 Client requested corrected report fee | $10.00 Duplicate test result reporting (hard copy) | $5.00 Formalin jar (small) | $2.50 Formalin jar (large) | $3.50 Incoming ground shipping (web submissions) | $10.00 Incoming overnight shipping (web submissions) | $18.00 Organization fee | $75.00/hour Pads of forms | $5.00 Rabies shippers | $22.00 Shipping and handling (referrals) | $20.00 Specimen collection/transport kids (abortion, diarrhea, necropsy, biopsy) | $5.00 Supply order handling fee | $2.00 Tritrichomonas transfer pouches | $7.50

History

• Authorizing statute(s): 81-1-102, 81-2-102, MCA
• Implementing statute(s): 81-1-301, 81-1-302, 81-2-102, MCA
• History: NEW, 2000 MAR p. 3411, Eff. 12/8/00; AMD, 2003 MAR p. 1289, Eff. 6/27/03; AMD, 2004 MAR p. 2591, Eff. 10/22/04; AMD, 2005 MAR p. 1785, Eff. 9/23/05; AMD, 2006 MAR p. 1882, Eff. 7/28/06; AMD, 2007 MAR p. 1678, Eff. 10/26/07; AMD, 2012 MAR p. 2068, Eff. 10/12/12; AMD, 2013 MAR p.1341, Eff. 7/26/13; AMD, 2014 MAR p. 2783, Eff. 11/7/14; AMD, 2017 MAR p. 1297, Eff. 8/5/17; AMD, 2019 MAR p. 2123, Eff. 1/6/20; AMD, 2021 MAR p. 925, Eff. 7/24/21; AMD, 2021 MAR p. 1678, Eff. 11/20/21; AMD, 2022 MAR p. 1670, Eff. 8/6/22; AMD, 2023 MAR p. 1190, Eff. 10/7/23; AMD, 2025 MAR, Notice No. 2025-330, Eff. 11/8/25.

Mont. Admin. R. 32.2.404 Brands Enforcement Division Fees

(1) New brands and transfers:

(a) Recording of a new brand or mark:

(i) Recording of a new brand or mark during a rerecord year will not incur an additional rerecord charge.

(ii) Livestock or ornamental - $200.00.

(iii) Seasonal brand for going to grass - $200.00.

(iv) Seasonal brand for going to feed lot, market, or location - $50.00.

(v) Cattle freeze brand in addition to hot iron brand - $10.00.

(b) Transfer of a brand or mark, livestock or ornamental - $200.00.

(i) Transferring of a brand or mark during a rerecord year will also incur rerecord charges.

(c) Rerecording a brand or mark, livestock or ornamental - $175.00.

(2) Inspections:

(a) Game farm animal inspection - $3.00 a head.

(i) The inspector may also charge necessary actual expenses if required to wait for the animals to be presented for inspection.

(b) Hide inspection - $1.00 a head.

(c) Horse, mule, or ass inspection:

(i) Before moving across a county line or before change of ownership - $10.00 a head.

(A) If more than ten animals of the same type are offered for inspection on the same day by the same owner, starting with the eleventh animal -$3.00 a head.

(ii) Before sold or offered for sale at a licensed livestock market - $10.00 a head.

(d) Livestock inspection:

(i) Before moving across a county line or before change of ownership - $1.00 a head.

(ii) Cow/calf pairs (spring going to pasture only) - $1.00 a pair.

(iii) Before being sold or offered for sale at a licensed livestock market or slaughtered at a licensed slaughterhouse - $1.00 a head.

(3) Licenses:

(a) Hide dealer or buyer's license - $5.00.

(b) Livestock agent, broker, or dealer license - $250.00.

(c) Livestock market operator license or certificate - $300.00.

(d) Livestock video auction market operator license - $100.00.

(4) Permits:

(a) Adjoining county grazing permit:

Number of Animals | Fee 1-100 | $30.00 101-200 | $40.00 201-300 | $50.00 301-400 | $60.00 401-500 | $70.00 501-600 | $80.00 601-700 | $90.00 701-800 | $100.00 801-900 | $110.00 901-1000 | $120.00

(b) Aerial hunting permit - $50.00 annually.

(c) Annual sheep permit for show purposes only within the state of Montana - $1.00.

(d) Domestic bison transportation permit - $1.00 (no fee if online only).

(e) Lifetime or permanent horse inspection permit - $30.00 per head.

(f) Lifetime or permanent bull inspection permit - $30.00 a head.

(g) Market consignment permit or transportation permit before moving across a county line - $1.00 (no fee if online only).

(h) Sheep transportation permit - $1.00 (no fee if online only).

(i) Releasing livestock, except horses, mules, or asses for removal from a licensed livestock market - $1.00 a head.

(j) Releasing horses, mules, or asses for removal from a licensed livestock market - $10.00 a head.

(k) Deeded land grazing permit:

(i) First-time application:

Number of Animals | Fee 1-50 | $100.00 51-100 | $125.00 101-200 | $150.00 201-300 | $175.00 301-400 | $200.00 401-500 | $225.00 501-600 | $250.00 601-700 | $275.00 701-800 | $300.00 801-900 | $325.00 901-1000 | $350.00

(ii) Renewal:

Number of Animals | Fee 1-100 | $40.00 101-200 | $50.00 201-300 | $60.00 301-400 | $70.00 401-500 | $80.00 501-600 | $90.00 601-700 | $100.00 701-800 | $110.00 801-900 | $120.00 901-1000 | $130.00

(5) Miscellaneous fees:

(a) Certified copy of brand or mark record and duplicate certificate - $10.00.

(b) Copy of original livestock bill of sale - $10.00.

(c) Estray sale cost and disposition of animals if no bid is offered:

(i) cost for estray sale - $100.00.

(ii) cost if owner claims before sale - $50.00.

(iii) The department may re-offer for sale or give the animal to an individual or rescue facility in the area, or if there are no other options, condemn and destroy or otherwise dispose of it.

(d) Filing of a livestock lien or security interest - $25.00.

(e) Research/copy-scan fees may be charged for livestock inspection lookups in the country and/or markets based on MDOL Public Records Request.

History

• Authorizing statute(s): 81-1-102, 81-3-202, MCA
• Implementing statute(s): 81-3-205, 81-3-211, 81-4-602, 81-4-605, 81-5-112, 81-7-504, 81-8-256, 81-8-264, 81-8-271, 81-8-276, 81-8-304, 81-9-113, 81-9-411, MCA
• History: NEW, 2006 MAR p. 1282, Eff. 5/19/06; AMD, 2011 MAR p. 2541, Eff. 11/26/11; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2015 MAR p. 376, Eff. 4/17/15; AMD, 2016 MAR p. 1570, Eff. 9/3/16; AMD, 2018 MAR p. 648, Eff. 3/31/18; AMD, 2020 MAR p. 912, Eff. 5/16/20; AMD, 2021 MAR p. 1675, Eff. 11/20/21; AMD, 2025 MAR, Notice No. 2025-20, Eff. 5/10/25; AMD, 2025 MAR, Notice No. 2025-303, Eff. 9/27/25.

Mont. Admin. R. 32.2.405 Department of Livestock Meat Inspection and Milk and Egg Bureau Fees

(1) Meat inspection:

(a) Slaughterhouse, meat packing house, meat depot, or mobile slaughter facility license $25.00

(2) Milk and egg inspection:

(a) Condensed, evaporated, or powdered milk plant license $ 5.00

(b) Cream station license 5.00

(c) Dairy license 5.00

(d) Dairy producing milk for manufacturing purposes license 5.00

(e) Egg dealer's retail buying license 5.00

(f) Egg dealer's wholesale license 20.00

(g) Egg grader's license 5.00

(h) Fluid milk plant license 50.00

(i) Grader-weigher-sampler license 5.00

(j) Hauler license 5.00

(k) Manufactured dairy products plant license 50.00

(l) Milk or cream route license 5.00

(m) Milk or cream tester's license 10.00

(n) Producer, producer-distributor, distributor, or jobber 10.00

(o) Tester license 10.00

(p) Milk tank truck $5.00 or milk transportation company $25.00, whichever is less

History

• Authorizing statute(s): 81-1-102, 81-9-201, 81-22-102, MCA
• Implementing statute(s): 81-9-112, 81-9-201, 81-9-411, 81-20-201, 81-21-102, 81-22-201, 81-22-204, 81-22-205, 81-22-208, 81-23-202, MCA
• History: NEW, 2006 MAR p. 1282, Eff. 5/19/06; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2013 MAR p. 966, Eff. 6/7/132; AMD, 2013 MAR p. 1845, Eff. 7/26/13; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2014 MAR p. 2472; Eff. 10/10/14; AMD, 2014 MAR p. 2781, Eff. 11/7/14; AMD, 2014 MAR p. 3073, Eff. 12/25/14; AMD, 2015 MAR p. 376, Eff. 4/17/15; AMD, 2023 MAR p. 452, Eff. 5/13/23.

Mont. Admin. R. 32.2.406 Licensee Assessments

(1) Pursuant to 81-23-202, MCA, the following assessment is levied: a fee of $0.14 per hundredweight per month, with a minimum of $50.00 per month, whichever is greater, or a maximum of $1,050.00 per month, on the volume of all classes of milk produced and sold by a person licensed by the Milk and Egg Bureau of the department, to be used for the administration of the milk inspection and milk diagnostic laboratory functions of the department. For a person licensed both as a dairy and as another licensee, only one assessment will be levied, whichever assessment is higher.

(2) The fee assessed in (1) must be paid before the 25th day of each month for milk sold in the preceding month.

(3) The fee assessed in (1) must be paid to the department in accordance with ARM 32.23.102(1).

History

• Authorizing statute(s): 81-1-102, 81-23-202, MCA
• Implementing statute(s): 81-1-102, 81-23-202, MCA
• History: NEW, 2015 MAR p. 1908, Eff. 10/30/15; AMD, 2016 MAR p. 1260, Eff. 7/23/16.

Subchapter 32.2.5 Inspector Examination and Certification

Mont. Admin. R. 32.2.501 Inspector Examination Requirements

(1) The inspector examination set for passage by the Montana law enforcement academy and the requirements for passage thereof are hereby adopted by the Montana board of livestock for those inspectors designated as law enforcement officers pursuant to the provisions of 81-1-201, MCA.

History

• Authorizing statute(s): Sec. 81-1-201, 81-3-202 MCA
• Implementing statute(s): Sec. 81-3-202 MCA
• History: NEW, 1999 MAR p. 1299A, Eff. 6/18/99.

Mont. Admin. R. 32.2.502 Certification of Specially Qualified Deputy Stock Inspectors

(1) Persons already appointed as "deputy state stock inspectors" as defined in 81-3-201(1) , MCA, may become appointed as "specially qualified deputy stock inspectors" as defined in 81-3-201(5) , MCA, upon completion of and according to the following criteria:

(a) recommendation for appointment by the appropriate district investigator which must be based, at least in part, on the district investigator's personal knowledge of the applicant's demonstrated ability to conduct accurate and timely livestock investigations;

(b) completion of a written examination by correctly answering 80% of 25 multiple choice and true/false questions pertaining to horse inspection laws, specifically, 81-3-205, 81-3-210, 81-3-211, and 81-3-212, MCA;

(c) successful completion of a practical examination that requires the deputy state stock inspector to correctly and accurately complete the lifetime permit from a color photo of:

(i) an owner-raised no-brand horse with specific markings;

(ii) a horse with specific markings branded with owners brand, taking up proof of ownership;

(iii) a branded horse with specific markings, taking up proof of ownership and health certificate; and

(iv) a branded horse with specific markings that was purchased out-of-state;

(d) within 30 days, complete 10 separate lifetime inspections without error under the direct supervision of the district investigator;

(e) demonstrate ability to:

(i) correctly verify brand ownership through the brand office;

(ii) transfer bills of sale; and

(iii) deny permit applications due to incomplete or inadequate supporting documentation;

(f) failure to comply with relevant statutes, rules, or department of livestock policy may result in immediate termination of appointment.

History

• Authorizing statute(s): Sec. 81-1-201, 81-3-202 MCA
• Implementing statute(s): Sec. 81-1-201, 81-3-202, 81-3-203 MCA
• History: NEW, 1999 MAR p. 1299A, Eff. 6/18/99; AMD, 2001 MAR p. 1335, Eff. 7/20/01.

Chapter 32.3 Disease Control

Subchapter 32.3.1 General Disease Control Provisions

Mont. Admin. R. 32.3.101 Quarantine and Release of Quarantine

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; REP, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.102 Definition

(1) "Animals" as used in this subchapter is defined in ARM 32.3.201.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.103 Subject Animals

(1) Animals are subject to the rules of this subchapter if:

(a) they are affected with, directly exposed to, or suspected of being affected with or exposed to a disease or condition found in ARM 32.3.104 or made subject to this subchapter through ARM 32.3.104;

(b) the owner or person in control of the animals refuses to submit to any tests or treatments required or permitted under the laws of Montana or the administrative rules of the Department of Livestock.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.104 Subject Diseases or Conditions

(1) Diseases or conditions affecting multiple species that require reporting, and quarantine when indicated, under department rules are:

(a) Akabane virus;

(b) Anthrax (Bacillus anthracis) (quarantine);

(c) Bluetongue (quarantine);

(d) Brucellosis, bovine (Brucella abortus) (quarantine);

(e) Brucellosis, caprine and ovine (Brucella melitensis) (quarantine);

(f) Brucellosis, porcine (Brucella suis) (quarantine);

(g) Crimean Congo hemorrhagic fever (quarantine);

(h) Echinococcosis/hydatidosis;

(i) Foot and mouth disease (FMD) (quarantine);

(j) Heartwater (Cowdria ruminantium) (quarantine);

(k) Heartworm;

(l) Japanese encephalitis (quarantine);

(m) Leishmaniasis;

(n) Longhorned tick;

(o) Mange, psoroptic (Psoroptes ovis) (quarantine);

(p) Mange, chorioptic (Chorioptes bovis);

(q) Mange, sarcoptic (Sarcoptes scabiei bovis);

(r) Melioidosis;

(s) New and Old World Screwworm (Cochliomya [Callitroga] hominivorax Chrysomya bezziana) (quarantine);

(t) Paratuberculosis (Johne's Disease, Mycobacterium paratuberculosis);

(u) Plague (Yersinia pestis);

(v) Pseudorabies (Aujeszky's disease) (quarantine);

(w) Q-Fever (Coxiella burnetti);

(x) Rabies (quarantine);

(y) Rift Valley fever (quarantine);

(z) Rinderpest (quarantine);

(aa) Salmonellosis (Salmonella enteritidis enteritidis);

(bb) Trichinellosis (Trichinella spiralis);

(cc) Tuberculosis (Mycobacterium bovis) (quarantine);

(dd) Tularemia (Francisella tularensis);

(ee) Vesicular stomatitis (VS) (quarantine);

(ff) West Nile fever/encephalitis (WNV).

(2) Diseases or conditions affecting bovines that require reporting, and quarantine when indicated, under department rules are:

(a) Bovine anaplasmosis (Anaplasma marginale, A. centrale);

(b) Bovine babesiosis (Babesia bovis, B. bigemina) (quarantine);

(c) Bovine genital campylobacteriosis (Campylobacter fetus venerealis);

(d) Bovine spongiform encephalopathy (BSE) (quarantine);

(e) Bovine viral diarrhea (BVD);

(f) Cattle fever tick (Boophilus annulatus, B. microplus) (quarantine);

(g) Contagious bovine pleuropneumonia (Mycoplasma mycoides mycoides) (quarantine);

(h) Enzootic bovine leukosis (BLV);

(i) Hemorrhagic septicemia (Pasteurella multocida, serotypes B/Asian or E/African);

(j) Infectious bovine rhinotracheitis/infectious pustular vulvovaginitis (IBR/IPV);

(k) Lumpy skin disease (quarantine);

(l) Malignant catarrhal fever (MCF, Bovine malignant catarrh, wildebeest associated) (quarantine);

(m) Theileriosis (Theileria annulata, T. parva) (quarantine);

(n) Trichomoniasis (Tritrichomonas [Trichomonas] foetus) (quarantine);

(o) Trypanosomosis (Tse-tse borne, Trypanosoma congolense, T. vivax, T. brucei brucei) (quarantine).

(3) Diseases or conditions affecting caprines or ovines that require reporting, and quarantine when indicated, under department rules are:

(a) Caprine arthritis/encephalitis (CAE);

(b) Contagious agalactia (Mycoplasma agalactiae, M. capricolum, M. putrefaciens, M. mycoides mycoides, M. mycoides mycoides LC) (quarantine);

(c) Contagious caprine pleuropneumonia (Mycoplasma capricolum capripneumoniae) (quarantine);

(d) Contagious footrot (Bacteroides nodosus and Fusobacterium necrophorum) (quarantine);

(e) Enzootic abortion of ewes (Ovine psittacosis, Chlamydia psittaci);

(f) Nairobi sheep disease (quarantine);

(g) Ovine epididymitis (Brucella ovis);

(h) Ovine progressive pneumonia/Maedi-Visna (OPP);

(i) Peste des petits ruminants (quarantine);

(j) Salmonellosis (Salmonella abortusovis);

(k) Scrapie (quarantine);

(l) Sheep pox and goat pox (quarantine).

(4) Diseases or conditions affecting equines that require reporting, and quarantine when indicated, under department rules are:

(a) African horse sickness (quarantine);

(b) Contagious equine metritis (CEM, Taylorella equigenitalis) (quarantine);

(c) Dourine (Trypanosoma equiperdum) (quarantine);

(d) Equine encephalomyelitis (Eastern [EEE] or Western [WEE]) (quarantine);

(e) Equine infectious anemia (EIA) (quarantine);

(f) Equine influenza (Virus Type A);

(g) Equine piroplasmosis (Babesiosis, Babesia [Piroplasma] equi, B. caballi) (quarantine);

(h) Equine rhinopneumonitis (EHV-1 and EHV-4);

(i) Equine viral arteritis (EVA) (quarantine);

(j) Glanders (Pseudomonas mallei) (quarantine);

(k) Hendra virus (quarantine);

(l) Surra (Trypanosoma evansi) (quarantine);

(m) Strangles (quarantine);

(n) Pigeon fever;

(o) Venezuelan equine encephalomyelitis (VEE) (quarantine).

(5) Diseases or conditions affecting porcines that require reporting, and quarantine when indicated, under department rules are:

(a) African swine fever (quarantine);

(b) Classical swine fever (Hog cholera) (quarantine);

(c) Delta corona virus;

(d) Nipah virus encephalitis (quarantine);

(e) Porcine cysticercosis (Cysticercus cellulosae);

(f) Porcine epidemic diarrhea;

(g) Porcine reproductive and respiratory syndrome (PRRS);

(h) Seneca Valley virus/Seneca virus A (quarantine);

(i) Swine influenza;

(j) Swine vesicular disease (quarantine);

(k) Transmissible gastroenteritis (TGE);

(l) Vesicular exanthema (quarantine).

(6) Diseases or conditions affecting avians that require reporting, and quarantine when indicated, under department rules are:

(a) Avian chlamydiosis (Ornithosis and psittacosis, Chlamydia psittaci);

(b) Avian infectious bronchitis;

(c) Avian infectious laryngotracheitis (ILT);

(d) Avian mycoplasmosis (Mycoplasma gallisepticum or M. synoviae);

(e) Exotic Newcastle disease (END) (quarantine);

(f) Fowl typhoid (Salmonella gallinarum) (quarantine);

(g) Highly pathogenic avian influenza (HPAI, fowl plague) (quarantine);

(h) Low pathogenic avian influenza (quarantine);

(i) Infectious bursal disease (Gumboro disease);

(j) Pullorum disease (Salmonella pullorum) (quarantine);

(k) Turkey rhinotracheitis (Avian pneumovirus).

(7) Diseases or conditions affecting aquaculture (commercial food fish) that require reporting, and quarantine when indicated, under department rules are:

(a) Epizootic hematopoietic necrosis;

(b) Epizootic ulcerative syndrome;

(c) Gyrocactylosis;

(d) Infectious hematopoietic necrosis;

(e) Infectious salmon anemia;

(f) Koi herpesvirus disease;

(g) Red sea bream iridoviral disease;

(h) Salmonid alphavirus;

(i) Spring viremia of carp;

(j) Viral hemorrhagic septicemia (quarantine).

(8) Diseases and conditions affecting cervids that require reporting, and quarantine when indicated, under department rules are:

(a) Chronic wasting disease (CWD) (quarantine);

(b) Epizootic hemorrhagic disease.

(9) Diseases and conditions affecting lagomorphs that require reporting, and quarantine when indicated, under department rules are:

(a) Myxomatosis;

(b) Rabbit hemorrhagic disease (quarantine).

(10) Diseases and conditions affecting canids that require reporting, and quarantine when indicated, under department rules are:

(a) Brucella canis (quarantine).

(11) Other diseases or conditions may become subject to the rules of this subchapter by the order of the state veterinarian.

(12) Diseases or conditions listed above requiring procedures which are specifically covered elsewhere in department rules are subject to the rules of this subchapter upon the order of the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82; AMD, 1988 MAR p. 83, Eff. 1/15/88; AMD, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2019 MAR p. 1864, Eff. 10/19/19; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.105 Supplemental Quarantine Provisions

(1) The quarantine rules of this subchapter may be supplemented by generally accepted veterinary practices; the order of the state veterinarian; and the issued policies of the Department of Livestock.

(2) Specific quarantine procedures for diseases not in this subchapter but subject to the rules of the department may be supplemented with these general quarantine rules by order of the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.106 Quarantine - Who May Issue

(1) Any Montana deputy state veterinarian or any authorized quarantine agent of the Department of Livestock may issue a quarantine.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82; AMD, 2010 MAR p. 413, Eff. 2/12/10.

Mont. Admin. R. 32.3.107 Responsibility of Owner or Possessor

(1) Any owner or possessor of animals who knows or suspects that the animals are affected with or have been exposed to a quarantinable disease or condition shall immediately confine the animals separate and apart from other animals.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.108 Quarantine and Release of Quarantine

(1) Animals subject to quarantine shall, as soon as it is practicable, be quarantined separate and apart from other susceptible animals. If possible, they shall be quarantined in an inside enclosure.

(2) The person who issues the quarantine shall designate the number of animals quarantined, their approximate age, breed class, species, sex, a description of the mark or brand identifying the animals, and a clear and distinct identification of the area in which they are to be quarantined. Quarantines may be issued verbally or delivered in writing in person, by email, or through registered mail with return receipt. Quarantines issued for herds associated with a positive disease detection must be delivered in writing in person or through registered mail with return receipt.

(3) The person issuing the quarantine shall immediately provide notice to the state veterinarian.

(4) Quarantined livestock shall be identified with a serially numbered U.S. Department of Agriculture (USDA) tag or other form of approved official identification. Additional identification, including brand, tattoo, dye mark, eartag, or other identification acceptable to the Department of Livestock may be required by the state veterinarian to ensure that the identity of the animals will be preserved.

(5) Livestock herds designated as affected with a federal program disease shall be officially identified with USDA 840 series radio frequency identification (RFID) tags or microchips. The 840 official identification number shall be correlated to all existing forms of identification in order to reconcile the completion of all required testing.

(6) The unauthorized removal of any identification provided for under this rule is prohibited.

(7) The owner or their agent-in-charge shall report in writing to the state veterinarian the death of any quarantined animal. All man-made identification shall be salvaged and turned over to the state veterinarian.

(8) A signed affected herd management plan will be required as a condition for quarantine release for all herds and flocks confirmed to be infected with a federal program disease.

(9) Cleaning and disinfection of facilities and or vehicles will be required as a condition for quarantine release when specified in 9 CFR or disease specific uniform methods and rules.

(10) Where quarantined animals are shipped for immediate slaughter under permit from the Department of Livestock, the veterinarian issuing the permit will use a form approved by the state veterinarian.

(11) Quarantine may be removed by or with the approval of the deputy state veterinarian issuing the quarantine or by any authorized quarantine agent of the Department of Livestock when they are satisfied that, according to generally accepted veterinary practice, the animals are not affected with or have not been directly exposed to a quarantinable disease.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.109 Animals in Transit

(1) The state veterinarian or his agent may examine all animals passing through Montana and, upon detection or suspicion of any quarantinable disease, may take possession of and treat and dispose of animals in transit in the same manner as animals resident in Montana.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.110 Breaking of Quarantine

(1) No person may remove any animals from a quarantine area or bring any animals into a quarantine area without the permission of the person issuing the quarantine.

(2) Violation of quarantine is punishable by 81-2-113 , MCA and other applicable provision of the MCA.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.111 Epizootic Area

(1) The state veterinarian, upon deciding that there is or may be an outbreak of a disease or condition quarantinable under this subchapter, may declare any area of the state an epizootic area.

(2) No person may remove any animals from an epizootic area or bring any animals into an epizootic area without the permission of the state veterinarian or his authorized agent.

(3) Violation of this rule is punishable by 81-2-112 , MCA and other applicable provision of the MCA.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: NEW, 1982 MAR p. 603, Eff. 3/26/82.

Mont. Admin. R. 32.3.116 Regulations and Orders for Exotic and Other Extremely Dangerous Diseases

(1) In the case of an outbreak of foot and mouth disease, rinderpest, surra, contagious pleuropneumonia, or any other extremely dangerous disease, regulations promulgated by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, for the control of such diseases automatically become rules or orders of the Montana Department of Livestock, Animal Health Division.

(2) In the case of an outbreak of any such disease, the state veterinarian must promulgate and enforce any rule or order that he may deem necessary to prevent the introduction of such disease and to control and eradicate such disease. Any rule or order issued by him has the same effect at law as though promulgated or approved at a meeting of the Montana Board of Livestock.

(3) The state veterinarian must promulgate and enforce such rules or regulations as he may consider necessary to prevent the introduction into the state of Montana or to control and eradicate any disease which may or may not now exist in the United States and which is not specifically covered by a rule of the Montana Department of Livestock, Animal Health Division.

(4) Any order or rule issued by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, or the state veterinarian is subject to review as provided in section 81-1-302 , MCA.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.121 Approved Quarantined Feedlots

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 1980 MAR p. 428, Eff. 1/13/80; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.125 Disposal of Carcasses

(1) Carcasses of animals that have died from other causes than anthrax must be disposed of in a satisfactory manner so as not to become a public nuisance or a menace to livestock or poultry. Carcasses of dead animals may not be disposed of along public highways, streams, lakes, or rivers, or allowed to remain on the ground surface so as to become a public nuisance or a menace to livestock or poultry.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, 1980 MAR p. 1083, Eff. 3/28/80.

Mont. Admin. R. 32.3.130 Vehicles Used for Transportation of Livestock to Be Clean

(1) Any railway, transportation company, or individual whose car, truck, or conveyance is used for hire to transport livestock from one place to another within the state of Montana or into the state of Montana must properly clean such car, truck or conveyance before conveying livestock within or into the state of Montana.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.131 Vehicles Used in Transporting Diseased Livestock to Be Cleaned and Disinfected

(1) Any transportation company or individual must properly clean and disinfect any car, truck, or conveyance which has held an animal known to be infected with an infectious, contagious disease. The required cleaning will be based upon the specific pathogen of concern and existing federal rules or regulations regarding disinfection and will be conducted under the supervision of an approved agent of the Department of Livestock or an official from the U.S. Department of Agriculture.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.132 Cleaned and Disinfected Vehicles to Be Placarded (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.136 Pseudorabies

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1977 MAR p. 262; Eff. 8/26/77; AMD, 1988 MAR p. 2394, Eff. 11/11/88; REP, 1991 MAR p. 1145, Eff. 7/12/91.

Mont. Admin. R. 32.3.137 Authority to Seize and Destroy Articles, Products, and Commodities

(1) Agents of the Montana Department of Livestock, Animal Health Division, are authorized and it shall be their duty to destroy and render unfit for human or livestock consumption any meat, meat food products, or dairy food products which, in their judgment and in accordance with the regulations of the Montana Department of Livestock, Animal Health Division, are unfit for human or livestock consumption.

(2) All duly authorized agents of the Montana Department of Livestock, Animal Health Division, are hereby authorized to seize all milk or cream or other dairy food products and animal food products which may be brought into the state of Montana in violation of the provisions of ARM 32.3.101, or the rules of the Montana Department of Livestock, Animal Health Division. The owner or agent of any such product shall be notified at once of such seizure, and if he or she shall fail to direct the removal of such product from the state of Montana within 24 hours, the agent of the Montana Department of Livestock, Animal Health Division, may destroy or otherwise dispose of such product.

(3) All authorized agents of the Montana Department of Livestock, Animal Health Division, are hereby authorized to seize, confiscate, order returned or destroyed, hold for disinfection, or otherwise treat any article, product, or commodity brought into the state of Montana in violation of any law, governor's proclamation or Montana Department of Livestock, Animal Health Division, order or rule promulgated for the protection of the livestock industry, or to guard against the importation of disease or diseases which may affect or endanger livestock.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.138 Deputy State Veterinarian Definition

(1) "Department" means the Department of Livestock.

(2) "Deputy State Veterinarian" means a veterinarian licensed in the state of Montana and deputized to perform state functions pursuant to ARM 32.3.139 of this subchapter who is not a current employee of the department or the United States Department of Agriculture (USDA).

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-108, MCA
• History: NEW, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2014, MAR p. 326, Eff. 2/14/14.

Mont. Admin. R. 32.3.139 Appointment as Deputy State Veterinarian

(1) The department is authorized to deputize a veterinarian when it determines that such veterinarian:

(a) is licensed to practice veterinary medicine in Montana;

(b) is a current USDA accredited category I or category II veterinarian pursuant to 9 CFR, Chapter 1, Part 161;

(c) has made formal application for deputization upon forms provided by the department;

(d) has been recommended by the state veterinarian; and

(e) has attended the department deputy state veterinarian training.

(2) The state veterinarian may approve an individual provisional status prior to completion of the required training in (1)(e). Provisional status is valid until the next available training or another date set by the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2014 MAR p. 326, Eff. 2/14/14; AMD, 2015 MAR p. 936, Eff. 7/17/15.

Mont. Admin. R. 32.3.140 Duties of Deputy State Veterinarian

(1) A deputy state veterinarian shall:

(a) be aware of and follow all applicable regulations and instructions as outlined on the deputy state veterinarians section of the department's web site;

(b) be aware of and follow all applicable regulations and instructions as outlined in 9 CFR;

(c) quarantine in writing all animals exposed to a quarantinable disease upon suspicion of diagnosis in the absence of, or on the order of, the state veterinarian. Immediate notification of quarantine must be made to the state veterinarian's office by phone;

(d) report immediately all cases of quarantinable diseases (ARM 32.3.104 and 32.3.105) to the state veterinarian, by phone;

(e) release quarantine upon the direction of the state veterinarian and ARM 32.3.106 through 32.3.108;

(f) be responsible for proper use of all official certificates, forms, records, reports, tags, or other official identification used in the work as a deputy state veterinarian and take proper precautions to prevent misuse thereof;

(g) immediately report the loss, theft, deliberate or accidental misuse of any official document or materials as listed above in (1)(d), and must keep these materials in only his/her custody prior to official use;

(h) report other reportable diseases (ARM 32.3.104) to the state veterinarian within 30 days of confirmed or suspected diagnosis; and

(i) mail or email weekly, all required inspection forms, test charts, certificates of veterinary inspection, and vaccination certificates made during the week.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2014 MAR p. 326, Eff. 2/14/14; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.141 Revocation or Suspension of Appointment of Deputy State Veterinarian

(1) A deputy state veterinarian may have his/her appointment revoked by any of the following:

(a) voluntarily surrendered; or

(b) becoming ineligible because of revocation or suspension of Montana veterinary license or USDA accreditation; or

(c) revoked or suspended by the department for cause, by violating ARM or established policy and/or procedures.

(2) MAPA will be followed as in ARM 32.2.101 and 32.2.102.

(3) Reappointment may occur as in ARM 32.3.139.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-108, MCA
• History: NEW, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2014 MAR p. 2146, Eff. 9/19/14.

Subchapter 32.3.2 Importation of Animals and Semen Into Montana

Mont. Admin. R. 32.3.201 Definitions

(1) In this subchapter:

(a) "Animals" means livestock, dogs, cats, rabbits, rodents, game animals, furbearing and wild mammals, poultry, and other birds.

(b) "Brucellosis test-eligible goat" means all sexually intact goats six months of age or older.

(c) "Dairy cattle" means cattle of dairy breeds or dairy types that may at some time be used for the production of milk or milk products for human consumption.

(d) "Dairy goats" means goats of dairy breeds or dairy types that may at some time be used for the production of milk or milk products for human consumption.

(e) "Health certificate" means a certificate of veterinary inspection issued on an official health certificate form of the state of origin, an electronic certificate of veterinary inspection approved by the state of origin, or an equivalent U.S. Department of Agriculture form attesting that the animals described thereon have been visually inspected and found to meet the entry requirements of the state of Montana. In addition, the health certificate shall conform to the requirements of ARM 32.3.206.

(f) "Licensed equine-approved feedlot" means a facility with specific exemptions to the equine import requirements in ARM 32.3.216 and that has on file with the department an approved and signed MOU.

(g) "Livestock" means cattle, horses, mules, asses, sheep, swine, goats, domestic bison, camelids, and ratites.

(h) "Montana-approved bull stud" means a licensed facility that meets the requirements in ARM 32.3.220.

(i) "Originate from" means animals have resided for 60 days or more in the state or zone from which they are being shipped into Montana.

(j) "Permit" means an official number issued by the Montana Department of Livestock after proper application which allows the movement of animals or biologics into Montana. In addition, the permit shall conform to the requirements of ARM 32.3.207.

(k) "Poultry" means domesticated birds including, but not limited to, chickens, turkeys, ducks, geese, guinea fowl, pigeons, and pheasants.

(l) "Sporting bovine" means bucking bull, steer-wrestling steer, or roping bovine.

(m) "Tuberculosis test-eligible bison" means all domestic bison two months of age and over.

(n) "Tuberculosis test-eligible cattle" means all cattle two months of age and older.

(o) "Tuberculosis test-eligible goat" means all sexually intact goats two months of age and older.

(p) "Virgin bull" means a sexually intact male bovine less than 12 months of age or a sexually intact male bovine 12 to 24 months of age that is accompanied by a signed affidavit from the owner or manager as having had no potential breeding contact with sexually intact female cattle.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, 81-2-707, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, 81-2-703, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; AMD, 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1990 MAR p. 300, Eff. 2/9/90; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2011 MAR p. 2541, Eff. 11/26/11; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2012 MAR p. 1262, Eff. 6/22/12; AMD, 2013 MAR p. 1343, Eff. 7/26/13; AMD, 2013 MAR p. 1446, Eff. 8/9/13; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.202 Requirements for Importation

(1) Animals or animal semen may not be brought into the state of Montana without a certificate of veterinary inspection or other documentation as approved by the department. For each individual shipment, the person in charge of the animals or all drivers of vehicles transporting animals must have in their possession copies of all required documentation.

(2) The department may also require a permit for animals, animal semen, or animal biologics brought into the state.

History

• Authorizing statute(s): 81-2-102, 81-2-707, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-2-703, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; AMD, 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 2015 MAR p. 936, Eff. 7/17/15; AMD, 2019 MAR p. 2125, Eff. 11/23/19.

Mont. Admin. R. 32.3.203 Importation of Diseased Animals

(1) Livestock infected with or exposed to brucellosis, tuberculosis, or any other infectious, contagious, or communicable animal disease may not enter the state unless destined directly for slaughter at a slaughterhouse under USDA supervision. In addition, all conditions for the movement of animals from a quarantined area established by the quarantining authority or U.S. Department of Agriculture must be met.

(2) If any animal in a lot presented for shipment or movement into Montana shows a suspicious or positive reaction to any test required for admission to Montana, no animal from that lot or from the herd in which the animal reacting to the test originates may enter the state of Montana without special permission from the state veterinarian or his agent.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; AMD, 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1984 MAR p. 267, Eff. 1/27/84; AMD, 2019 MAR p. 2125, Eff. 11/23/19.

Mont. Admin. R. 32.3.204 Permit Required for Livestock, Game, Furbearing Animals, Wild Animals, Embryos, and Semen

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p.1713, Eff. 6/27/80; AMD, 2014 MAR p. 1096, Eff. 5/23/14; REP, 2015 MAR p. 936, Eff. 7/17/15.

Mont. Admin. R. 32.3.205 Quarantine for Animals Entering Illegally

(1) Animals which enter the state of Montana without a valid health certificate or permit, or both if required, or in violation of any rules of the Department of Livestock shall be held in quarantine at the risk and expense of the owner until released by an authorized representative of the Department of Livestock, Animal Health Division. The quarantine may be released only after the department has been satisfied, by appropriate means, that the animals under quarantine as a result of noncompliance with this rule are not infected with disease.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80.

Mont. Admin. R. 32.3.206 Documents for Importation

(1) Health certificates are valid for not more than 30 days after the date of inspection, except where otherwise noted in this rule, and may not be issued unless the animals described thereon comply with Montana entry requirements, and the health certificate contains: names and addresses of the consignor and consignee, place of origin of shipment, its final destination, accurate description and identification of each animal, purpose for which they are shipped, and method of transportation.

(2) It must indicate the health status of the animals involved, including dates and results of inspections, tests and vaccinations required by the state of Montana. A copy of the health certificate must be sent to the state veterinarian of Montana.

(3) The accredited veterinarian issuing the health certificate must certify that the animals shown thereon are free from evidence of any infectious, contagious, or communicable disease or known exposure thereto.

(4) The state veterinarian may waive requirements for animals imported into Montana on a case-by-case basis if granting the waiver does not create a threat of disease to livestock or to the public.

(5) Accredited veterinarians who are approved by the chief livestock sanitary official of the state of origin and accredited veterinarians in the employ of the U.S. Department of Agriculture may inspect animals for entry into the state of Montana.

History

• Authorizing statute(s): 81-2-102, 81-2-104, 81-2-707, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-2-104, 81-2-703, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, MAR 2010 p. 2974, Eff. 12/24/10; AMD, 2015 MAR p. 936, Eff. 7/17/15; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2019 MAR p. 2125, Eff. 11/23/19.

Mont. Admin. R. 32.3.207 Permits

(1) Permits are issued by the Department of Livestock. Persons applying for permits shall provide the following information: names and addresses of the consignor and consignee, number and kind of animals, origin of shipment, destination, purpose of shipment, and such other information as the state veterinarian may require.

(2) Permits are valid for 30 days from the date of veterinary inspection specified on the health certificate unless otherwise specified as follows:

(a) blanket:

(i) permanent market, until rescinded;

(ii) temporary market, up to 30 days;

(b) cross border grazer, nine months;

(c) semen:

(i) equine, annual;

(ii) bovine, domestic, annual;

(iii) bovine, international, annual; and

(d) biologics, conditional, up to 2 years; and

(e) biologics, permanent, 5 years.

(3) Permits will be issued provided the animals shown thereon are in compliance with these rules. However, to cope with changing disease conditions, the state veterinarian may refuse to issue a permit or make such conditions not specifically set forth in these rules for its issuance as is necessary to protect livestock health in Montana.

(4) Permits will be provided to persons requesting them immediately upon issue. To facilitate the movement of animals or items required to enter Montana by permit, if the prerequisites have been met, a permit number may be issued electronically or verbally. The permit number must be affixed to the health certificate if required, waybill, brand inspection certificate, and any other official documents in this fashion: "Montana Permit No." followed by the number.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, 81-2-707, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, 81-2-703, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2015 MAR p. 936, Eff. 7/17/15; AMD, 2016 MAR p. 2428, Eff. 12/24/16; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2019 MAR p. 2125, Eff. 11/23/19; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.208 Animals Must Be Consigned to Montana Resident

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.209 Diversions Require Prior Approval

(1) No person consigning, transporting, or receiving animals into the state of Montana may authorize, order, or carry out diversion of such animals to a destination or consignee other than set forth on the health certificate or permit without first obtaining written permission from the state veterinarian of Montana authorizing such diversion.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80.

Mont. Admin. R. 32.3.210 Tests Require Official Confirmation

(1) All tests of animals required by Montana or federal authorities as a condition for entry into Montana must be made or confirmed in state or federal animal diagnostic laboratories. If an on site test is used, official written permission from the state veterinarian must be obtained.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.211 Duties of Transporters

(1) All owners and operators of railroads, trucks, airplanes, or other conveyances used in the transportation of animals into, within, or through the state of Montana must assure themselves that each consignment or shipment is in conformity with the applicable statutes and rules of the state of Montana, and that each consignment is accompanied by an official health certificate or by a permit issued by the state veterinarian of Montana, or by both when so required. Such health certificate or permit, or both, must be attached to the waybill accompanying the shipment or be in the possession of the attendant in charge of the animals.

(2) All railroad cars, trucks, airplanes, or other conveyances used in the transportation of animals into, within, or through the state of Montana must be maintained in a clean and sanitary condition.

(3) The owners and operators of railroads, trucks, airplanes, or other conveyances which transport animals into this state in violation of this subchapter must properly clean and disinfect the conveyances in which such animals were illegally brought into the state. The cleaning and disinfection must be performed under the supervision of an authorized representative of this department or of the U.S. Department of Agriculture.

(4) All owners and operators of railroads, trucks, airplanes, or other conveyances must conform to applicable rules of the Department of Livestock, Animal Health Division and statutes of the state of Montana in transporting or moving any animals into, within, or through the state of Montana.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1984 MAR p. 267, Eff. 1/27/84.

Mont. Admin. R. 32.3.212 Additional Requirements for Cattle and Domestic Bison

(1) Female cattle and domestic bison over the age of four months imported into the state of Montana for any purpose other than immediate slaughter must be official vaccinates except as follows:

(a) cattle and domestic bison being transported or moved through Montana with no intent to unload in the state. In an emergency situation, they may be unloaded in compliance with quarantine rules promulgated by the Department of Livestock under 81-2-102, MCA;

(b) spayed cattle and domestic bison;

(c) nonvaccinated female cattle and domestic bison placed under a hold order for brucellosis vaccination or spaying within 30 days of arrival; or

(d) nonvaccinated cattle and domestic bison from a:

(i) state, area, or territory that has been brucellosis class free for ten years or more; or

(ii) brucellosis free state, area, or territory as designated by the Board of Livestock.

(2) U.S. origin nonvaccinated female cattle and domestic bison, 12 months of age and older, must have a negative brucellosis test no more than 30 days prior to arrival, unless originating from an area as defined in (1)(d).

(3) All non-U.S. origin sexually intact cattle and domestic bison 12 months of age and older must have a negative brucellosis test no more than 30 days prior to arrival.

(4) Tuberculosis test-eligible cattle and domestic bison originating from a tuberculosis accredited free U.S. state or zone require a negative tuberculosis test within 60 days prior to importation if they:

(a) are M-branded; or

(b) are Mx-branded; or

(c) have been in contact or exposed to M-branded, Mx-branded, or other cattle originally from Mexico; or

(d) are sexually intact dairy cattle, except:

(i) dairy cattle who originate directly from an accredited tuberculosis free herd; or

(ii) dairy cattle less than six months of age accompanied by a tuberculosis test-negative dam.

(5) Sporting bovines originating from a tuberculosis accredited free U.S. state or zone require a negative tuberculosis test within twelve months prior to importation if they:

(a) are six months of age and older; or

(b) have attended at least a single sporting event; or

(c) are being imported for a specific sporting event.

(6) Tuberculosis test-eligible dairy cattle, sporting bovines, sexually intact beef cattle, and sexually intact domestic bison originating from a tuberculosis modified accredited advanced U.S. state or zone must meet one of the following:

(a) one negative tuberculosis test within 60 days prior to importation; or

(b) one negative tuberculosis test within six months and part of a whole herd test; or

(c) originate directly from an accredited tuberculosis free herd; or

(d) less than six months of age and accompanied by a tuberculosis test-negative dam.

(7) Tuberculosis test-eligible dairy cattle, sporting bovines, sexually intact beef cattle, and sexually intact domestic bison originating from a tuberculosis modified accredited U.S. state or zone must meet one of the following requirements:

(a) two negative tuberculosis tests 60-120 days apart, with the second test occurring within 60 days prior to importation into Montana; or

(b) one negative tuberculosis test within 60 days prior to importation into Montana and part of a whole herd test within the last 12 months; or

(c) one negative tuberculosis test within 60 days prior to importation into Montana and originate directly from an accredited tuberculosis free herd.

(8) Tuberculosis test-eligible sexually intact dairy cattle, sporting bovines, sexually intact beef cattle, and sexually intact domestic bison originating from outside of the United States must have one negative tuberculosis test within 60 days prior to importation. Cattle and domestic bison originating directly from Mexico must meet the requirements set forth in ARM 32.3.212B.

(9) Cattle and domestic bison 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.

(10) All sexually intact male cattle entering Montana must meet the

trichomoniasis testing and certification requirements set forth in ARM 32.3.502, except as provided below:

(a) those being transported through Montana with no intent to unload in the state. In an emergency situation, the cattle may be unloaded in compliance with quarantine rules promulgated by the department at ARM 32.3.106 through 32.3.111;

(b) those consigned directly to a licensed slaughtering establishment or to a licensed livestock market and then directly to a licensed slaughtering establishment;

(c) those consigned directly to a feedlot approved by the state veterinarian and then directly to either a licensed slaughtering establishment or to a licensed livestock market and then directly to a licensed slaughtering establishment;

(d) virgin bull as defined in ARM 32.3.201;

(e) those imported on a Certificate of Veterinary Inspection for exhibition or rodeo purposes, held in confined facilities, and destined to return to their home state within 30 days. They shall not be used for semen collection or natural breeding;

(f) those imported to a Montana bull stud;

(g) sexually intact male cattle imported as part of state veterinarian approved seasonal grazing operations without changing ownership may be subject to herd specific testing and certification requirements as determined by the state veterinarian, following a risk assessment.

(11) Any trichomoniasis test-eligible cattle used for sporting or exhibition purposes that breaches a fence and commingles with other cattle shall be tested for trichomoniasis. The owner of the trespassing cattle shall bear the testing costs including confinement, feed, veterinary, and laboratory.

(12) Any trichomoniasis test-eligible bull that remains in Montana for breeding purposes, change of ownership, or grazing must adhere to the conditions in ARM 32.3.502.

(13) Animals must not have originated from a trichomoniasis positive herd.

(14) All calves less than 30 days of age imported into the state of Montana without their dams must be:

(a) held in isolation and cannot be resold for 30 days after entry; and

(b) individually identified by an official ear tag at the state of origin.

(15) Domestic bison imported under this rule must be officially identified prior to importation and listed on the official health certificate.

(16) Domestic bison imported into Montana must meet the interstate requirements set forth in Title 9 of the Code of Federal Regulations.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, 81-2-707, MCA
• Implementing statute(s): 81-2-102, 81-2-104, 81-2-703, 81-2-704, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; AMD, 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1982 MAR p. 604, Eff. 3/26/82; AMD, 1984 MAR p. 267, Eff. 1/27/84; AMD, 1986 MAR p. 794, Eff. 5/16/86; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 1998 MAR p. 656, Eff. 3/13/98; AMD, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2012 MAR p. 1262, Eff. 6/22/12; AMD, 2012 MAR p. 2069, Eff. 10/12/12; AMD, 2013 MAR p. 1343, Eff. 7/26/13; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2014 MAR p. 3069, Eff. 12/25/14; AMD, 2015 MAR p. 445, Eff. 5/1/15; AMD, 2016 MAR p. 223, Eff. 2/6/16; AMD, 2018 MAR p. 1960, Eff. 10/6/18.

Mont. Admin. R. 32.3.212A BRUCELLOSIS VACCINATION OF IMPORTED CATTLE UNDER FOUR MONTHS OF AGE

32.3.212A BRUCELLOSIS VACCINATION OF IMPORTED CATTLE UNDER FOUR MONTHS OF AGE

(1) Female cattle under the age of four months imported without their dams into the state of Montana for any purpose other than immediate slaughter shall be quarantined on arrival and must be vaccinated for brucellosis within six months of their entry, with no change of ownership allowed until animals are officially vaccinated, except for cattle from a:

(a) state, area, province, or territory that has been brucellosis class free for ten years or more; or

(b) brucellosis free state, area, province, or territory as designated by the Board of Livestock.

(2) All cattle imported under this rule must have official individual identification that is applied at the state of origin.

History

• Authorizing statute(s): 81-2-102, 81-2-707, MCA
• Implementing statute(s): 81-2-102, 81-2-704, MCA
• History: NEW, 1985 MAR p. 276, Eff. 3/29/85; AMD, 2014 MAR p. 3069, Eff. 12/25/14.

Mont. Admin. R. 32.3.212B IMPORTATION OF CATTLE FROM MEXICO

32.3.212B IMPORTATION OF CATTLE FROM MEXICO

(1) All M-branded, Mx-branded, and other cattle or bison two months of age and older originating directly from Mexico (imported into the U.S. within 60 days) require two negative TB tests 60-120 days apart. The first negative test can be the U.S. entry test. The second negative TB test must be performed by a USDA-APHIS VS accredited veterinarian and must be within 60 days prior to importation into Montana.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2012 MAR p. 1262, Eff. 6/22/12.

Mont. Admin. R. 32.3.213 Special Requirements for Dogs and Cats

(1) Dogs and cats may enter the state of Montana provided they are transported or moved in conformity with applicable rules of this chapter, and are accompanied by an official health certificate of the state of origin issued by an accredited veterinarian attesting that the animals are:

(a) free from evidence of any infectious, contagious, communicable or parasitic disease, or known exposure thereto; and

(b) have been officially vaccinated by a licensed veterinarian against rabies in accordance with procedures recommended in the latest version of the U.S. Public Health Compendium for rabies vaccine, and are identified on the health certificate by the date of rabies vaccination and the serial number of the rabies vaccine and tag. Rabies vaccination requirements do not apply to puppies and kittens under three months of age.

(2) Dogs and cats from areas under any federal, state, county, or municipal rabies quarantine may not be permitted entrance into Montana except upon a permit from the state veterinarian of Montana obtained in advance of shipment.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1986 MAR p. 795, Eff. 5/16/86.

Mont. Admin. R. 32.3.214 Special Requirements for Goats

(1) Goats may enter the state of Montana provided they are transported in conformity with ARM 32.3.201 through 32.3.211.

(2) Brucellosis test-eligible dairy breeds of goats may enter the state of Montana provided the animals:

(a) originate from a certified brucellosis-free herd, for which the certified herd number and date of last herd test are shown on the permit, or health certificate; or

(b) have been tested for brucellosis with negative results within 30 days of the date of shipment; or

(c) are for exhibition purposes only and are not originating from a brucellosis management area.

(3) All test-eligible dairy breeds of goats originating from a tuberculosis accredited-free U.S. state or zone must have one negative tuberculosis test within 60 days prior to importation unless:

(a) the animals are for exhibition purposes only and will return to the state of origin; or

(b) they originate directly from a tuberculosis-accredited herd; or

(c) they are less than six months of age and accompanied by a tuberculosis test-negative dam.

(4) All test-eligible goats originating from a tuberculosis modified accredited-advanced U.S. state or zone must have one negative tuberculosis test within 60 days prior to importation unless:

(a) they originate directly from a tuberculosis-accredited herd; or

(b) they are less than six months of age and accompanied by a tuberculosis test-negative dam.

(5) All test-eligible goats originating from a tuberculosis modified accredited U.S. state or zone must meet one of the following requirements:

(a) two negative tuberculosis tests 60-120 days apart, with the second test occurring within 60 days prior to importation into Montana; or

(b) one negative tuberculosis test within 60 days prior to importation into Montana and part of a whole herd test within the past 12 months; or

(c) one negative tuberculosis test within 60 days prior to importation into Montana and must originate directly from an accredited tuberculosis-free herd.

(6) Goats less than two months of age originating from, and residing for 60 days or more, in a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

(7) All test results and dates, including herd accreditation numbers, shall be recorded on or attached to all copies of the animal's health certificate.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-707, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-701, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; AMD, 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1982 MAR p. 602, Eff. 3/26/82; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2012 MAR p. 1262, Eff. 6/22/12; AMD, 2013 MAR p. 1846, Eff. 10/18/13; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2019 MAR p. 2125, Eff. 11/23/19.

Mont. Admin. R. 32.3.215 Game, Furbearing, and Wild Animals

(1) Game, furbearing, and wild animals under domestication or in custody may enter the state of Montana if all applicable fish and game laws are complied with and a permit is obtained from the state veterinarian prior to the movement of such animals into the state. The state veterinarian may require tests for specific diseases at his or her discretion.

History

• Authorizing statute(s): 81-2-102, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.216 Horses, Mules, and Asses

(1) Horses, mules, and asses, and other equidae may enter the state of Montana provided they are transported or moved in conformity with ARM 32.3.201 through 32.3.211. All animals must be tested negative for Equine Infectious Anemia (EIA) within the previous 12 months.

(2) Unless otherwise specifically provided in this rule, all horses, mules, asses, and other equidae that are moved into the state of Montana shall be accompanied by an official certificate of veterinary inspection from the state of origin stating that the equidae are free from evidence of any communicable disease and have completed EIA test and identification requirements as defined in ARM 32.3.1401 using procedures outlined in ARM 32.3.1402.

(3) Entry of equidae into Montana shall not be allowed until the EIA test has been completed and reported negative. Equidae with tests pending are not acceptable. Equidae that test positive to EIA test shall not be permitted entry into Montana except by special written permission from the state veterinarian and must be branded and moved in conformity with the U.S. Department of Agriculture EIA movement regulations.

(4) A nursing foal under six months of age accompanied by the EIA negative dam is exempt from the test requirements.

(5) Working equids used for seasonal ranching purposes may be exempt from the requirements of this rule if the animals have been included on a current seasonal grazing permit that has received prior approval from the Department of Livestock and the chief livestock sanitary official in a western state that reciprocates with Montana in honoring seasonal grazing permits.

(6) Equids being moved directly to a licensed equine-approved feedlot establishment may be exempted from EIA test requirements.

(7) The Department of Livestock may develop cooperative reciprocal agreements with neighboring states that exempt EIA cooperating states.

(8) Provided there is agreement between the Department of Livestock and the chief livestock sanitary official of the state of destination, Montana origin equids may be moved from Montana to other states or from other states to Montana for shows, rides, or other equine events and return on an extended duration health certificate acceptable to the cooperating states.

(a) Certificates cannot be used when equids are moved for the purposes of sale or change of ownership, or for animal breeding activities.

(b) Certificates shall be valid for only one animal and shall contain the following information:

(i) the name and address of the owner;

(ii) the address where the animal is stabled, housed, pastured, or kept, if different from that of the owner;

(iii) an accurate description and identification of the animal as defined in ARM 32.3.1401;

(iv) the date of veterinary inspection;

(v) the date and results of the EIA or other required tests or vaccinations; and

(vi) the signature of the inspecting veterinarian.

(c) Certificates shall be valid for no longer than six months from the date the EIA sample is collected if an EIA test is required, or six months from the date of inspection if no EIA test is required.

(d) The recipients of certificates shall be required to obtain a transport permit prior to each animal movement. The transport permit shall include the full physical origin and destination of the upcoming animal movement.

(e) The Department of Livestock may cancel any extended duration health certificate in the event of serious or emergency disease situations or for certificate holder's failure to comply with the rules. Cancellation of the certificate may be accomplished by written or verbal notice to the certificate holder. Verbal notice shall be confirmed by written notice. The canceled certificate will become invalid on the date and at the time of notification.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-707, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-703, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1997 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1988 MAR p. 84, Eff. 1/15/88; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 1998 MAR p. 2757, Eff. 10/9/98; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.217 Special Requirements for Poultry

(1) Poultry, including hatching eggs, may enter the state of Montana provided they are transported or moved in conformity with ARM 32.3.201 through 32.3.211 and are accompanied by an official health certificate or other approved documentation.

(2) Poultry and hatching eggs originating from hatcheries or premises participating in the national poultry improvement plan may be accompanied by a VS Form 9-3 in lieu of an official health certificate.

(3) Poultry and hatching eggs not originating from hatcheries or premises participating in the national poultry improvement plan:

(a) must be accompanied by an import permit, an official health certificate of the state of origin attesting that they are free of infectious, contagious, or communicable disease or exposure thereto; and

(b) all poultry older than four months of age must be officially Pullorum tested with negative results within 30 days.

(4) Poultry must not be vaccinated or exposed to a live virus vaccine within 30 days of the date of shipment into Montana.

(5) Shipping crates in which poultry and hatching eggs are shipped into the state of Montana must be new or thoroughly cleaned and disinfected before using for shipment.

History

• Authorizing statute(s): 81-2-102, 81-2-707, MCA
• Implementing statute(s): 81-2-102, 81-2-703, 81-2-707, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977, MAR p. 962, Eff. 11/26/77; AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 2020 MAR p. 1843, Eff. 10/10/20.

Mont. Admin. R. 32.3.218 Special Requirements for Sheep

(1) Sheep may enter the state of Montana provided they are transported or moved in conformity with ARM 32.3.201 through 32.3.211.

(2) All breeding rams eight months of age and older must have a negative ELISA, or other recognized test, for Brucella ovis within 30 days prior to entry into Montana or originate directly from an officially recognized Brucella ovis free flock. Animals must be individually identified with an approved method of official

individual identification in conformity with ARM 32.3.1308. The date of the last Brucella ovis herd test, if applicable, must be cited on the movement document. All rams must be free of any gross lesions of ram epididymitis upon examination by the certifying accredited veterinarian.

(3) If tested rams are destined for an official Montana free flock they will be held separate and apart from other sheep at destination and officially retested for Brucella ovis 45 days after arrival.

(4) Sheep infected with biting lice may enter by permit only after acceptable insecticide treatment under supervision of an accredited veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-703, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1990 MAR p. 300, Eff. 2/9/90; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2016 MAR p. 2428, Eff. 12/24/16.

Mont. Admin. R. 32.3.219 Special Requirements for Swine

(1) Swine may enter the state of Montana provided they are transported or moved in conformity with ARM 32.3.201 through 32.3.211 and Title 9 CFR part 85 and are accompanied by an official health certificate of the state of origin issued by an accredited veterinarian attesting that:

(a) the swine have been inspected within thirty days of the date of shipment; and

(b) the swine are free from evidence of any infectious, contagious or communicable disease, or known exposure thereto; and

(c) each swine is identified by eartag, tattoo, or any permanent identification and such identification is recorded on the health certificate, if required, or permit application;

(d) the swine have not been fed raw garbage; and

(e) the swine originate from a state free of any USDA quarantine for any swine disease.

(2) With regards to brucellosis all breeding swine four months of age and over must:

(a) be from a validated brucellosis free swine herd or from a validated brucellosis free state, or

(b) enter by permit only after a negative result to a brucellosis test performed not more than 30 days prior to entry, as evidenced by an official brucellosis test result form.

(3) With regards to pseudorabies, all swine entering must meet the rules as set forth in Title 9 CFR part 85. No pseudorablies vaccinated swine will be permitted. The state veterinarian may impose a retest on swine originating from states with a stage four (surveillance) or less as classified in Title 9 CFR part 85.

History

• Authorizing statute(s): 81-2-102, 81-2-104, 81-2-707, MCA
• Implementing statute(s): 81-2-102, 81-2-703, 81-2-707, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, Eff. 6/5/76; AMD, Eff. 5/5/77; AMD, 1977 MAR p. 962, Eff. 11/26/77; EMERG, AMD, 1/20/78; AMD, 1978 MAR p. 579, Eff. 4/25/78; AMD, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1713, Eff. 6/27/80; AMD, 1987 MAR p. 1994, Eff. 10/30/87; AMD, 1991 MAR p. 1145, Eff. 7/12/91; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2021 MAR p. 179, Eff. 2/13/21.

Mont. Admin. R. 32.3.220 Semen Shipped Into Montana

(1) Sires shall not be used for natural service while semen is being collected and certified for artificial insemination.

(2) Bovine semen transported into Montana for the purpose of artificial insemination must originate from bulls that at the time of collection:

(a) meet all of Montana's import requirements; or

(b) are permanent residents of an approved certified semen services (CSS) facility, having completed all CSS required testing.

(3) Bovine semen destined for use in artificial insemination in Montana must be treated using procedures and chemotherapeutic agents recognized as acceptable by the United States Animal Health Association and the National Association of Animal Breeders.

(4) Porcine semen from all boars used for the production of semen for artificial insemination must meet the following requirements:

(a) a negative Tuberculosis test yearly;

(b) test negative to Brucellosis, Leptospirosis (low stabilized titre O.K.), and PRRS every six months;

(c) test negative to Pseudorabies every three months;

(d) an approved antibiotic must be added to the semen.

(5) Elk semen from all elk, used for the production of semen in artificial insemination, must test negative to:

(a) Tuberculosis annually using an approved elk Tuberculosis test;

(b) Brucellosis, and Leptospirosis (low stabilized titre O.K.) every six months; and

(c) must be certified free of red deer genes.

(6) Ovine semen from all ovine, used for the production of semen in artificial insemination, must test negative to Brucella ovis every six months.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, 81-2-403, 81-2-703, 81-2-704, 81-2-706, MCA
• History: Eff. 12/31/72; AMD, 1978 MAR p. 579, Eff. 4/25/78; AMD, 1988 MAR p. 389, Eff. 2/26/88; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2011 MAR p. 147, Eff. 2/11/11; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2016 MAR p. 223, Eff. 2/6/16.

Mont. Admin. R. 32.3.221 Special Requirements for Alternative Livestock

(1) All sexually intact alternative livestock six months of age and older imported into Montana from states with a Designated Surveillance Area for brucellosis must be test-negative for brucellosis within 30 days prior to importation.

(a) The brucellosis test must be a type approved by the state veterinarian.

(2) Noncervid alternative livestock require a negative tuberculosis test on all animals two months of age and older within 60 days prior to importation.

(3) All cervids two months of age and older require one of the following:

(a) one negative approved tuberculosis 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) one negative approved tuberculosis 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 must be quarantined for testing between two and four months of age.

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

(6) All test results, including herd accreditation numbers and dates of herd tests if applicable, shall be recorded on or attached to all copies of the animal's health certificate.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-707, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-703, 81-2-707, MCA
• History: NEW, 1982 MAR p. 605, Eff. 3/26/82; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2012 MAR p. 1262, Eff. 6/22/12; AMD, 2014 MAR p. 2955, Eff. 12/12/14; AMD, 2016 MAR p. 889, Eff. 5/21/16; AMD, 2020 MAR p. 1843, Eff. 10/10/20.

Mont. Admin. R. 32.3.222 Tuberculosis Test, Change of Ownership of Wild Species of Cloven Hoofed Ungulates

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1982 MAR p. 605, Eff. 3/26/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.223 Research Facility Exemption

(1) Research facilities, as defined in Title 9 CFR 1.1(s), may import without a permit any animal, as defined in Title 9 CFR 1.1(n), and bird not normally considered poultry, and any rats, or mice, or other laboratory animals, if they are to be used only for research, testing, or experimentation at that research facility and will not be commingled with any animals not owned by that facility.

(2) Research facilities may not import any livestock or poultry without a permit.

History

• Authorizing statute(s): 81-2-707, MCA
• Implementing statute(s): 81-2-703, MCA
• History: NEW, 1982 MAR p. 607, Eff. 3/26/82.

Mont. Admin. R. 32.3.224 Domestic Bison

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1990 MAR p. 300, Eff. 2/9/90; AMD, 2004 MAR p. 1326, Eff. 6/4/04; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2011 MAR p. 2541, Eff. 11/26/11; AMD, 2014 MAR p. 326, Eff. 2/14/14; REP, 2018 MAR p. 1960, Eff. 10/6/18.

Mont. Admin. R. 32.3.224A UNLAWFULLY ESTRAYED AND PUBLIC OWNED MIGRATORY WILD BISON FROM HERDS AFFECTED WITH A DANGEROUS DISEASE

32.3.224A UNLAWFULLY ESTRAYED AND PUBLIC OWNED MIGRATORY WILD BISON FROM HERDS AFFECTED WITH A DANGEROUS DISEASE

(1) When estrayed or migratory wild bison exposed to or affected with Brucellosis, a dangerous, contagious, zoonotic disease of man and animals, enter into or are otherwise present within the state of Montana one of the following actions may be taken:

(a) The live wild bison may be physically removed by the safest and most expeditious means from within the state boundaries. This means may include but not be limited to capture, trucking, hazing/aversion, or delivery to a departmentally approved slaughterhouse.

(b) If live wild bison cannot safely by reasonable and permanent means be removed from the state they shall be summarily destroyed where they stand by the use of firearms. If firearms cannot be used with due regard to human safety and public property wild bison may be relocated to such a danger free area and destroyed by firearms or by any other practicable means of euthanasia.

(c) When wild bison of necessity or unintentionally are killed through actions of the department, the carcass remains will be disposed of by the most economical means possible. This may include but not be limited to burying, incineration, rendering, or field dressing for delivery to a departmentally approved slaughterhouse or slaughter destination.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1991 MAR p. 2494, Eff. 12/13/91; AMD, 2011 MAR p. 2541, Eff. 11/26/11.

Mont. Admin. R. 32.3.225 Camelids

(1) Camelids may enter the state of Montana provided they enter in conformity with ARM 32.3.201 through 32.3.211.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1990 MAR p. 300, Eff. 2/9/90; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2012 MAR p. 1262, Eff. 6/22/12; AMD, 2022 MAR p. 1669, Eff. 8/6/22.

Mont. Admin. R. 32.3.226 Ratites (flat Breasted) Flightless Birds

(1) All birds must be accompanied by a veterinary inspection certificate (VIC) and an import permit and tested for specific diseases as determined by the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.227 Elephants

(1) Elephants may enter the state of Montana provided they enter in conformity with ARM 32.3.201 through 32.3.211.

(2) All elephants require a negative screening test approved by the state veterinarian within 12 months prior to importation into Montana.

(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) Elephants exposed to TB culture-positive animals in the previous five years require three negative daily trunk washes and culture within 90 days prior to importation into Montana.

(5) All test results and dates shall be recorded on or attached to all copies of the animal's health certificate.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 2012 MAR p. 1262, Eff. 6/22/12; AMD, 2014 MAR p. 2955, Eff. 12/12/14.

Mont. Admin. R. 32.3.228 Nonhuman Primates

(1) Nonhuman primates may enter the state of Montana provided they enter in conformity with ARM 32.3.201 through 32.3.211.

(2) All nonhuman primates require a negative intradermal tuberculosis test within 30 days prior to importation into Montana.

(3) All test results and dates shall be recorded on or attached to all copies of the animal's health certificate.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 2012 MAR p. 1262, Eff. 6/22/12.

Subchapter 32.3.3 Pseudorabies

Mont. Admin. R. 32.3.301 Disease Control

(1) The department adopts and incorporates by reference the federal pseudorabies disease control standards contained in Title 9 of the Code of Federal Regulations and the U.S. Department of Agriculture's Pseudorabies Eradication State-Federal-Industry Program Standards. The Code of Federal Regulations is available for review online at www.ecfr.gov. The Pseudorabies Eradication State-Federal-Industry Program Standards is available for review online at https://www.aphis.usda.gov/sites/default/files/prv_program_standards_3.pdf. A copy of both documents may be obtained from the Department of Livestock, 301 North Roberts Street, P.O. Box 202001, Helena, Montana 59620-2001.

(2) An "animal" in this subchapter means any quadruped of a species which can become infected with pseudorabies.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.302 Reporting of Pseudorabies (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; AMD, 2010 MAR p. 2974, Eff. 12/24/10; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.303 Quarantine of Swine Herds - Use of Quarantine (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.304 Quarantine of Exposed Herds and Animals (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.305 Release of Quarantine (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.306 Use of Pseudorabies Vaccine

(1) No person, firm, or corporation shall import into the state of Montana or possess, sell, barter, exchange, or give away any pseudorabies vaccine without express written permission from the state veterinarian.

(2) No person, firm, or corporation shall manufacture or produce within the state of Montana any pseudorabies vaccine without written permission of the state veterinarian.

(3) The use of pseudorabies vaccine in Montana is prohibited, except when used under the official supervision of a licensed deputy state veterinarian by persons approved by the state veterinarian with:

(a) written permission of the department; and

(b) within use patterns prescribed by the department.

(4) Any animal vaccinated with a pseudorabies vaccine shall be properly and permanently identified and disposed of as directed by the state veterinarian. Such vaccinated animals may be subject to follow-up differentiable testing as the state veterinarian may direct using official tests capable of recognizing and distinguishing between vaccine virus and field strain exposed and infected animals.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.3.307 Department Ordered Pseudorabies Testing (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; AMD, 2018 MAR p. 1960, Eff. 10/6/18; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.308 Change of Premises Testing (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102, 81-2-103 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.309 Test Expenses and Duties (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.310 Disposal of Dead Animals (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-101, 81-2-102, 81-2-108 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.311 Procedure Upon Detection of Pseudorabies (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2018 MAR p. 1960, Eff. 10/6/18; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.312 Memorandum of Understanding (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; AMD, 2010 MAR p. 2974, Eff. 12/24/10; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.313 Extension of Time Limits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.314 Movement of Swine Through Licensed Livestock Markets and Other Concentration Points (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.315 Herd Status Establishment (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1991 MAR p. 1145, Eff. 7/12/91; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Subchapter 32.3.4 Brucellosis

Mont. Admin. R. 32.3.401 Definitions

(1) The "administrator" is the individual as defined in 81-1-301, MCA, or that individual's designee.

(2) An "animal" is any quadruped of a species which can become infected with brucellosis. The term includes, but is not limited to a member of the bovine, porcine, canine, ovine, bison (wild or domestic), caprine, or feline species, or the genus cervidae.

(3) An "approved brucella vaccine" is a brucella product approved by and produced under license of the United States Department of Agriculture for injection into cattle or bison (wild or domestic) to enhance their immune response to brucella.

(4) "Bison" are all animals in the genus bison.

(5) A brucella ovis free ram flock is:

(a) The Department of Livestock will designate a ram flock as brucella ovis free for one year when:

(i) all rams eight months of age and older are subjected to an approved brucella ovis serologic test and all rams are found to be negative; and

(ii) a second test of these same rams is performed 45 to 60 days after the first test and all rams are again found to be negative.

(b) The Department of Livestock will renew the designation of this flock on an annual basis when all rams eight months of age and older are once officially tested negative for brucella ovis; and if

(i) while this flock is recognized as brucella ovis free, all reactor rams on the premises are castrated or identified as prescribed by the department and removed to slaughter; and

(ii) all additions of rams to the flock except for natural increase progeny are officially tested negative for brucella ovis and retested 45 days later and prior to entry into the flock or originate from another brucella ovis free flock.

(c) All official tests used for qualifying rams for interstate shipment must be done by a deputy state veterinarian. The blood samples must be submitted to an approved laboratory for testing. Individual identification of tested rams must be recorded and accompany the blood samples to the laboratory. Costs for veterinary service and laboratory test fees are to be borne by the owner.

(6) "Brucellosis" is the contagious, infectious, and communicable disease of animals and humans caused by bacteria of the genus brucella, brucella abortus, brucella suis, or brucella melitensis, which are referred to in these rules collectively as brucella organisms or individually as a brucella organism.

(7) A "brucellosis prevention and surveillance herd management agreement (management agreement)" is a document outlining brucellosis mitigation and surveillance practices that will be or have been instituted by an individual designated surveillance area producer or DSA production unit.

(a) To reflect these practices, a "management agreement" may also outline variances to Montana brucellosis requirements.

(b) A "management agreement" is mutually agreed upon by the producer and the Department of Livestock and should be reviewed every five years or earlier if requested by the herd owner or DOL.

(8) "Cattle" are all animals in the genus bos.

(9) A "Designated Surveillance Area (DSA)" is a geographically defined region as specified in ARM 32.3.434 in which cattle or domestic bison may be exposed to brucellosis from wildlife.

(10) A "Montana approved livestock market" is a livestock market that is approved by the United States Department of Agriculture (USDA) and/or the administrator. The animals must be secured within the market facility.

(11) An "official adult vaccinate" (AV) is a sexually intact animal of the genus bos or domestic bison vaccinated with an approved brucella vaccine, using approved procedures, and of an age older than that permitted for official calfhood vaccination.

(12) An "official brucellosis test" (test) is a laboratory protocol for the brucellosis classification of animals as approved by the administrator.

(13) An "official calfhood vaccinate" (OCV) is an animal vaccinated at an official calfhood vaccination eligible age with an approved brucella vaccine using approved procedures.

(14) "Official calfhood vaccination eligible animals" (OCV eligible) means sexually intact female cattle or domestic bison of the age, as designated by the administrator, which may be vaccinated with an approved brucella vaccine to become an official calfhood vaccinate.

(15) "Official Individual Identification" is the unique individual identification of cattle or domestic bison as approved by the administrator.

(16) "Official vaccination" for ram epididymitis is the inoculation of the male sheep at weaning age or older, by a deputy state veterinarian, with a ram epididymitis vaccine approved for use by the state veterinarian.

(17) "Ram epididymitis" is an infectious disease of sheep caused by a bacteria variously called brucella ovis, brucella melitensis ovis, or ram epididymitis organism (R.E.O.).

(18) A "recognized slaughtering establishment" is any slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or a state meat inspection act.

(19) "Test eligible animals" means sexually intact cattle or domestic bison twelve months of age or older.

(20) "Vaccinate" (as it pertains to ARM 32.3.433 through 32.3.437) refers to Official Adult Vaccination or Official Calfhood Vaccination.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-101, 81-2-102, 81-2-103, 81-2-104, 81-2-105, 81-2-110, 81-2-111, MCA
• History: Eff. 12/31/72; EMERG, AMD, 11/4/75; AMD, Eff. 4/4/77; AMD, 1977 MAR p. 262, Eff. 8/26/77; AMD, 1978 MAR p. 1395, Eff. 9/29/78; AMD, 1980 MAR p. 582, Eff. 2/15/80; EMERG, AMD, 1980 MAR p. 3017, Eff. 12/12/80; AMD, 1988 MAR p. 85, Eff. 1/15/88; AMD, 1988 MAR p. 2394, Eff. 11/11/88; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2011 MAR p. 147, Eff. 2/11/11; AMD, 2011 MAR p. 2541, Eff. 11/26/11; AMD, 2017 MAR p. 492, Eff. 4/29/17.

Mont. Admin. R. 32.3.402 Extension of Time Limits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, Eff. 11/4/75; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.403 Use of Brucella Abortus Vaccine

(1) Use of brucella abortus vaccine that does not conform to the definition of "official vaccination" or "official vaccinate" in Title 9 CFR, part 78 is not permitted unless specifically approved by the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• History: NEW, Eff. 11/4/75; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2004 MAR p. 1326, Eff. 6/4/04; AMD, 2011 MAR p. 2541, Eff. 11/26/11; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.406 Testing of Animals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, EMERG, Eff. 11/4/75; AMD, Eff. 4/5/76; AMD, 4/4/77; AMD, 1977 MAR p. 758, Eff. 10/25/77; AMD, 1978 MAR p. 578, Eff. 4/25/78; AMD, 1979 MAR p. 844, Eff. 8/17/79; AMD, 1980 MAR p. 1082, Eff. 3/28/80; REP, 1984 MAR p. 268, Eff. 1/27/84.

Mont. Admin. R. 32.3.407 Department Ordered Brucellosis Testing of Animals (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1984 MAR p. 268, Eff. 1/27/84; AMD, 2018 MAR p. 1960, Eff. 10/6/18; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.407A CHANGE OF OWNERSHIP TEST

32.3.407A CHANGE OF OWNERSHIP TEST

(1) Cervidae must undergo an official test for brucellosis and must be determined to be negative before change of ownership. The test must be performed not more than 30 days prior to the date they are sold or moved and the results must be entered on a department official test form.

(2) This test shall be performed on the following cervidae: all caribou or elk over six months of age capable of breeding.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1984 MAR p. 268, Eff. 1/27/84; AMD, 1985 MAR p. 277, Eff. 3/29/85; AMD, 1986 MAR p. 796, Eff. 5/16/86; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.407B CHANGE OF PREMISES TEST INVESTMENT SERVICES OR SPECIAL CORPORATIONS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

32.3.407B CHANGE OF PREMISES TEST INVESTMENT SERVICES OR SPECIAL CORPORATIONS

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1984 MAR p. 268, Eff. 1/27/84; REP, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.407C SPECIAL BRUCELLOSIS TEST EXEMPTIONS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

32.3.407C SPECIAL BRUCELLOSIS TEST EXEMPTIONS

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1984 MAR p. 268, Eff. 1/27/84; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.407D DUTIES OF OWNERS OR MANAGERS OF ANIMALS WHEN BRUCELLOSIS TEST IS REQUIRED (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

32.3.407D DUTIES OF OWNERS OR MANAGERS OF ANIMALS WHEN BRUCELLOSIS TEST IS REQUIRED

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1984 MAR p. 268, Eff. 1/27/84; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.407E TEST EXPENSES (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

32.3.407E TEST EXPENSES

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1984 MAR p. 268, Eff. 1/27/84; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.410 Quarantine of Herds, Handling of Reactors and Suspects, Exceptions to Provisions of Quarantine

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 1988 MAR p. 85, Eff. 1/15/88; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.411 Procedure Upon Detection of Brucellosis

(1) The department adopts and incorporates by reference the federal brucellosis disease control standards contained in Title 9 of the Code of Federal Regulations and the U.S. Department of Agriculture's Brucellosis Eradication: Uniform Methods and Rules. The Code of Federal Regulations is available for review online at www.ecfr.gov. The Brucellosis Eradication: Uniform Methods and Rules is available for review online at https://www.aphis.usda.gov/sites/default/files/umr_bovine_bruc_0.pdf. A copy of both documents may be obtained from the Department of Livestock, 301 North Roberts Street, P.O. Box 202001, Helena, Montana 59620-2001.

(2) Upon request of the owner of an infected herd, the disease control activities provided for in (1) may be conducted with the assistance and participation of a deputy state veterinarian selected and paid for by the owner.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• History: NEW, 1979 MAR p. 845, Eff. 8/17/79; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.412 Memorandum of Understanding (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1979 MAR p. 845, Eff. 8/17/79; AMD, 1980 MAR p. 1082, Eff. 3/28/80; AMD, 1988 MAR p. 85, Eff. 1/15/88; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2018 MAR p. 1960, Eff. 10/6/18; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.416 Identification of Tested, Reactor, and Other Animals

(1) Reactor animals must be tagged with a serially numbered U.S. Department of Agriculture (USDA) tag. If in the judgment of the state veterinarian, there is concern about compliance with the provisions of quarantine or if the reactor animal is found outside of the Designated Surveillance Area, the animal may be permanently branded on the left jaw with the letter "B" not less than two inches high. Tagging and branding of reactors must be accomplished within 15 days after the date of test on blood collected from the animal. The time allowed to tag and brand reactor animals, as specified herein, may be enlarged or extended by the state veterinarian for good cause shown.

(2) Animals which have been subjected to an official test for brucellosis must be identified with serially numbered USDA identification ear tags.

(3) The USDA backtag is adopted by the Department of Livestock as an official animal identification tag for market cattle identification (MCI).

(4) The unauthorized removal of any identification provided for under this rule is prohibited.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 1980 MAR p. 1082, Eff. 3/28/80; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.417 Movement and Disposition of Reactor Animals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, Eff. 12/5/75; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.418 Indemnity Paid for Reactors (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, Eff. 12/5/75; AMD, 1996 MAR p. 2300, Eff. 8/23/96; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.425 Movement and Disposition of Animals Other Than Reactors in a Quarantined Herd

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 1977 MAR p. 262, Eff. 8/26/77; AMD, 1980 MAR p. 1082, Eff. 3/28/80; AMD, 1988 MAR p. 85, Eff. 1/15/88; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.426 Handling of Progeny of Reactor Dams

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR p. 582, Eff. 2/15/80; REP, 1988 MAR p. 85, Eff. 1/15/88.

Mont. Admin. R. 32.3.426A NONPARTURIENT FEMALES, CALVES, AND BULLS IN A QUARANTINED HERD (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

32.3.426A NONPARTURIENT FEMALES, CALVES, AND BULLS IN A QUARANTINED HERD

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1988 MAR p. 85, Eff. 1/15/88; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.430 Quarantine and Retest of Suspect Animals in Negative Herd

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; REP, 2018 MAR p. 1960, Eff. 10/6/18.

Mont. Admin. R. 32.3.431 Removal of Herd Quarantine Retest and Record Keeping After Quarantine Removal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 1990 MAR p. 1082, Eff. 2/28/80; AMD, 1988 MAR p. 85, Eff. 1/15/88; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.432 Cleaning and Disinfecting

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.433 Designated Surveillance Area

(1) The designated surveillance area (DSA) of Montana is described as:

(a) Park County – south of Interstate 90;

(b) Gallatin County – south of Interstate 90 from the Park-Gallatin County line to U.S. Highway 191 at Bozeman, then south of U.S. Highway 191 to Highway 84, then south of Highway 84 to Churchill Road, then west of Churchill Road to Interstate 90 at Manhattan, then all other areas in Gallatin County south of Interstate 90, but west of Churchill Road;

(c) Madison County – east of Highway 287 from its northern crossing of the Gallatin-Madison County line to Ennis, then south of State Highway 287 from Ennis to Alder, then west of Highway 287 to Twin Bridges, then east of Montana Highway 41 to the Madison-Beaverhead County line; and

(d) Beaverhead County – from Madison-Beaverhead County line, east of Montana Highway 41 to Interstate 15, then east of Interstate 15, to Big Sheep Creek Road at Dell, then east of Big Sheep Creek Road to Deadwood Gulch Road (BLM Road 1869), then east of Deadwood Gulch Road to Forest Road 8273, then east of Forest Road 8273 to Forest Road 1033, then east of Forest Road 1033 to the West Fork of Little Sheep Creek, then east of the West Fork of Little Sheep Creek to the headwaters north of Round Timber Spring to the Montana/Idaho border.

(2) A map of the designated surveillance area follows:

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-101, 81-2-102, 81-2-103, 81-2-104, MCA
• History: NEW, 2011 MAR p. 147, Eff. 2/11/11; AMD, 2011 MAR p. 1551, Eff. 8/12/11; AMD, 2012 MAR p. 1258, Eff. 6/22/12; AMD, 2014 MAR p. 2141, Eff. 9/19/14; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2020 MAR p. 1282, Eff. 7/11/20.

Mont. Admin. R. 32.3.434 Animal Identification Within the Dsa

(1) All sexually intact cattle and domestic bison leaving the DSA must be identified with official individual identification.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-101, 81-2-102, 81-2-103, 81-2-104, 81-2-105, 81-2-110, 81-2-111, MCA
• History: NEW, 2011 MAR p. 147, Eff. 2/11/11; AMD, 2011 MAR p. 1551, Eff. 8/12/11.

Mont. Admin. R. 32.3.435 Testing Within the Dsa

(1) Cattle or domestic bison located within the DSA must have an official brucellosis test prior to leaving the DSA or changing ownership, except:

(a) steers or spayed heifers;

(b) sexually intact animals less than 12 months of age for feeding;

(c) animals moving to an approved Montana livestock market that will be tested at the market prior to sale;

(d) animals destined for exhibition or veterinary care within the DSA that will not be commingled with other livestock, will remain in confinement for the duration of the event/treatment, and will depart within 10 days of arrival; or

(e) animals utilizing the DSA during the low-risk period (entering the DSA after July 15 and leaving prior to January 15).

(2) The test required in (1) must be completed within 30 days prior to leaving the DSA, except that a test completed August 16 or after is acceptable for movement out of the DSA or change of ownership through February 15 of the following year.

(3) Animals entering the DSA for summer grazing may be tested upon return to their origin location. Testing must be done within 10 days and animals may not be commingled with other livestock until testing is complete.

(4) Other variances or exceptions to requirements will be considered on an individual basis by the administrator based on a brucellosis herd management agreement.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-101, 81-2-102, 81-2-103, 81-2-104, 81-2-111, MCA
• History: NEW, 2011 MAR p. 147, Eff. 2/11/11; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2017 MAR p. 492, Eff. 4/29/17; AMD, 2022 MAR p. 1848, Eff. 9/24/22; AMD, 2023 MAR p. 1755, Eff. 12/9/23; AMD, Notice No. 18, Eff. 5/10/25.

Mont. Admin. R. 32.3.436 Brucellosis Vaccination

(1) All sexually intact female cattle and domestic bison 12 months of age or older in Beaverhead, Big Horn, Broadwater, Carbon, Gallatin, Jefferson, Madison, Park, Stillwater, and Sweet Grass Counties must be official vaccinates.

(a) Variances or exceptions to requirements will be considered on an individual basis by the administrator.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-101, 81-2-102, 81-2-103, 81-2-104, MCA
• History: NEW, 2011 MAR p. 147, Eff. 2/11/11; AMD, 2018 MAR p. 1960, Eff. 10/6/18.

Mont. Admin. R. 32.3.437 Penalties

(1) Persons found to be in violation of rules or laws relating to brucellosis may be:

(a) guilty of a misdemeanor as described in 81-2-113, MCA; and

(b) subject to departmental expenses regarding the investigation if a violation of law has taken place, as defined in 81-2-109, MCA.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-101, 81-2-102, 81-2-103, 81-2-104, 81-2-105, 81-2-109, 81-2-110, 81-2-111, 81-2-113, 81-2-114, MCA
• History: NEW, 2011 MAR p. 147, Eff. 2/11/11.

Mont. Admin. R. 32.3.440 Certified Brucellosis Free Bovine Herds (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR p. 582, Eff. 2/15/80; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.441 Certified Bovine Brucellosis Free Area

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.442 Bovine Brucellosis Modified Certified Area

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.445 Brucellosis Tests of Swine

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; AMD, MAR p. 1082, Eff. 3/28/80; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.446 Validated Brucellosis Free Porcine Herds

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR. p. 582, Eff. 2/15/80; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.447 Porcine Brucellosis Free Area

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.450 Identification of Officially Vaccinated Rams

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.455 Brucellosis Tests to Be Reported

(1) The results of all brucellosis tests of Montana origin animals shall be reported by the person making such tests to the state veterinarian within seven days after test results have been determined.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; AMD, 1977 MAR p. 262, Eff. 8/26/77; AMD, 2017 MAR p. 1296, Eff. 4/29/17.

Mont. Admin. R. 32.3.456 Reporting of Death Loss

(1) Within seven days after discovery of the death of an animal belonging to a herd quarantined for brucellosis, the owner or his agent shall notify the Department of Livestock veterinarian supervising the quarantine of the fact of the death and supply him with the eartag numbers of the quarantined dead animal or animals.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR p. 582, Eff. 2/15/80; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Subchapter 32.3.5 Trichomoniasis

Mont. Admin. R. 32.3.501 Definitions

In this subchapter:

(1) "Accredited veterinarian" means an individual who is currently licensed to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services in accordance with the current 9 Code of Federal Regulations, Chapter 1, § 161 in the state where that veterinarian practices.

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

(3) "Board" means the Montana Board of Livestock.

(4) "Bovine" refers to all sexually intact domestic cattle.

(5) "Certificate of veterinary inspection" (CVI) means the form issued by the state of origin that records the consignor, consignee, identity, origin, destination, and health status of animals, issued by an accredited veterinarian of that state for interstate shipment. It is commonly known as a health certificate.

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

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

(8) "Epidemiological investigation" means the scientific investigation conducted to determine the population of bovines that may be affected with or exposed to trichomoniasis.

(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.

(10) "Herd" means a group or groups of 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.

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

(a) all T. foetus positive animals are individually identified and branded with a "V" on the right tailhead;

(b) there is no commingling of intact male and female cattle;

(c) no animals entering the feedlot are allowed back into the Montana breeding herd;

(d) all T. foetus positive animals are kept for a minimum of 30 days before being sold directly to slaughter or through a licensed livestock market and then to slaughter;

(e) all facilities are subject to inspection; and

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

(13) "Negative T. foetus bull" is a bull that qualifies by one of the following:

(a) negative to an official trichomoniasis test and originates from a herd not known to be infected; 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) 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.

(15) "Official trichomoniasis test" means the sampling procedure conducted by a deputy state veterinarian of the preputial content of a test-eligible bull and submitted to an approved laboratory to identify T. foetus by three weekly cultures, an individual PCR test, or another test approved by the state veterinarian. Bulls must be sexually rested for at least two weeks prior to the 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) the tests must be conducted at intervals of no less than seven days between each test; and

(b) there must be no breeding activity during the intervals between the three tests.

(16) "Premises" means the ground, area, building and/or equipment occupied by one or more bovine.

(17) "Quarantine" means movement restriction issued by a deputy state veterinarian or an agent of the department per ARM 32.3.108.

(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.

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

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

(21) "Test-positive herd" means a herd of cattle in which an approved laboratory has identified T. foetus in one or more animals by an official trichomoniasis test.

(22) "Trichomoniasis" means a sexually transmitted disease of cattle caused by the protozoan organism Tritrichomonas (Trichomonas) foetus (T. foetus) that causes infertility, pyometra, abortions, and reproductive inefficiency in female cattle.

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

(a) Glacier County;

(b) Pondera County;

(c) Yellowstone County; and

(d) Big Horn County.

(24) "V Brand" means a 2"X3" hot iron single "V" character brand, recorded by the Animal Health Division of the Department of Livestock, applied to the right tailhead of a bovine signifying that the bovine has tested positive for the venereal disease trichomoniasis (applied when the animal is presented to a licensed trichomoniasis approved feedlot).

(25) "Virgin bull" is defined in ARM 32.3.201.

(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.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2013 MAR p. 1624, Eff. 8/9/13; AMD, 2014 MAR p. 1096, Eff. 5/23/14.

Mont. Admin. R. 32.3.502 Official Trichomoniasis Testing and Certification Requirements

(1) Except as provided in ARM 32.3.212, the following test-eligible bovines must be negative T. foetus bulls:

(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, the following statement must be included: "The bull(s) identified on this certificate are all negative T. foetus bulls in accordance with ARM 32.3.502."

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-707, MCA
• Implementing statute(s): 81-2-102, 81-2-703, MCA
• History: NEW, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2013 MAR p. 966, Eff. 6/7/13; AMD, 2013 MAR p. 1446, Eff. 8/9/13; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2015 MAR p. 271, Eff. 3/13/15.

Mont. Admin. R. 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 veterinarian and owner, date tested, animal identification, type of test, and the name of the approved laboratory. All approved laboratories and 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.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-107, MCA
• History: NEW, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2013 MAR p. 1446, Eff. 8/9/13.

Mont. Admin. R. 32.3.504 Confirmatory Testing of Test Positive Animals

(1) Any culture positive animal must be confirmed by PCR unless the animal is destined directly to slaughter.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10.

Mont. Admin. R. 32.3.505 Movement of Animals from Test-Positive Herds and Epizootic Areas

(1) Test-positive animals shall remain quarantined until they are 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 to slaughter channels;

(b) bull calves less than 12 months of age;

(c) bulls that have been individually tested negative to three consecutive PCR tests as per ARM 32.3.501(14)(b); and

(d) virgin heifers.

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

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

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

(b) All remaining bulls 12 months of age and older, shall individually test negative to three consecutive PCR tests 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 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.

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

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-108, MCA
• History: NEW, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2013 MAR p. 1624, Eff. 8/9/13.

Mont. Admin. R. 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 notify all exposed herds.

(2) Exposed herds may be subject to quarantine and official trichomoniasis testing and certification requirements as set forth in ARM 32.3.502.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-108, MCA
• History: NEW, 2007 MAR p. 204, Eff. 2/9/07; AMD, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2013 MAR p. 1446, Eff. 8/9/13.

Mont. Admin. R. 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 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 a test-positive animal, all test-eligible bulls will be subject to the requirements set forth in ARM 32.3.502.

(b) Any stray 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) The expense of testing shall be the responsibility of the owner.

(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 deputy state veterinarian and the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-108, MCA
• History: NEW, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2013 MAR p. 1446, Eff. 8/9/13.

Mont. Admin. R. 32.3.508 Penalties

(1) Persons in violation of ARM 32.3.502, 32.3.504, 32.3.505, or 32.3.507 will be subject to all of the following:

(a) quarantine and testing;

(b) up to a $500 fine to the Department of Livestock (REF 81-2-102(c), MCA);

(c) any departmental expenses regarding the investigation if a violation of law has taken place, as defined in 81-2-109, MCA.

(2) Any person, persons, firm, or corporation that fails to comply shall also be guilty of:

(a) a misdemeanor as described in 81-2-113, MCA; or

(b) civil liability as described in 81-2-114, MCA.

(3) Disputes will be heard by the Board of Livestock according to MAPA.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-108, MCA
• History: NEW, 2010 MAR p. 413, Eff. 2/12/10; AMD, 2011 MAR p. 2632, Eff. 12/9/11; AMD, 2013 MAR p. 1446, Eff. 8/9/13.

Subchapter 32.3.6 Tuberculosis

Mont. Admin. R. 32.3.601 Disease Control

(1) Tuberculosis disease control in animals shall be pursuant to the provisions of Title 9 CFR part 77 and tuberculosis eradication method and rules.

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.602 Official Tuberculin Tests

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.602A CHANGE OF OWNERSHIP TEST

32.3.602A CHANGE OF OWNERSHIP TEST

(1) Before change of ownership in 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) This test shall be performed on all cervidae over 6 months of age in captivity.

(3) This requirement does not apply to any of the above if they are consigned for immediate slaughter or to an out-of-state destination. No animal consigned to an out-of-state destination may be diverted to an instate destination if it has not met the test requirements of this rule and if it has been determined to be an exposed animal. Permission from the department must be received before animals may be diverted to a different immediate slaughter destination.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2014 MAR p. 2955, Eff. 12/12/14.

Mont. Admin. R. 32.3.603 Recording Test Reactions

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.604 Epidemiological Report

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.605 Quarantine Tuberculosis-Infected and Exposed Animals

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.606 Identifying Infected Animals

(1) Tuberculosis reactors must be identified with a serially numbered U.S. Department of Agriculture tag. If, in the judgment of the state veterinarian, there is concern about compliance with the provisions of quarantine, the animal may be branded with the letter "T" on either the right or left jaw.

(2) The size of the brand may not be less than 2 inches nor more than 3 inches high.

History

• Authorizing statute(s): 81-2-102, 81-2-103 MCA
• Implementing statute(s): 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.607 Disposal of Infected Animals

(1) All animals infected with tuberculosis as determined by physical examina-tion or tuberculin test must be ordered destroyed by the state veterinarian.

(2) Animals infected with tuberculosis may be sold for immediate slaughter only to establishments where federal or state meat inspection is maintained and only following written release issued by an agent of the department.

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.3.608 Reporting Death of Animals from a Tuberculosis Quarantined Herd (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 2010 MAR p. 2974, Eff. 12/24/10; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.609 Restrictions on Handling of and Products from Tuberculosis-Infected Animals

(1) No person may handle or milk diseased cattle and thereafter handle or milk healthy cattle unless he or she changes his or her clothing and thoroughly washes and cleanses his or her hands.

(2) Milking machines used on a diseased animal must be disassembled, cleaned, and sterilized before being used on healthy animals.

(3) No milk or dairy products from a tuberculous animal or an animal that has reacted to the tuberculin test, may be used for human consumption.

(4) No milk or dairy products from a tuberculous animal or an animal that has reacted to the tuberculin test, may be used for feeding any animal until after such milk has been properly sterilized.

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.610 Tuberculosis Lesions Found in Cattle Must Be Sent to Laboratory

(1) Any suspected tuberculosis lesions found in cattle on post-mortem examination or during routine meat inspection must be sent to the Montana department of livestock diagnostic laboratory for bacteriological examina-tion.

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.611 Duties of Veterinarians and Meat Inspectors Upon Finding Tuberculosis Lesions in Animals

(1) Deputy state veterinarians and meat inspectors who detect suspected tuberculosis lesions in animals shall take possession of the hide from that animal.

(2) He shall obtain the following information which must be forwarded to the state veterinarian:

(a) name and number of slaughterhouse;

(b) date lesions found;

(c) name of dealer, commission company, livestock market, or ranch owner from whom the animal was purchased;

(d) copy of all brands precisely as they appear on the hide (preferably read by a trained brand inspector);

(e) all eartag numbers;

(f) all earmarks and tattoos;

(g) sale yard numbers;

(h) age, breed, sex, color, and all distinguishing marks;

(i) dressed weight; and

(j) general condition of the animal.

(3) When the state veterinarian has secured all information available regarding source and ownership of the animal, he shall authorize release of the hide.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2103, MCA
• History: Eff. 12/31/72; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.3.612 Cleaning and Disinfecting of Premises and Equipment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.613 Quarantine of Herds of Origin of Tuberculous Animals

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.614 Releasing Herds from Tuberculosis Quarantine

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.615 Tuberculin Tests of Cattle Exhibited at Fairs and Sales

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; AMD, 1977 MAR p. 758, Eff. 10/25/77; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.616 Tuberculin Tests for Dairy Cattle

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.617 Tuberculosis Reactors Not to Be Retested

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.618 Suspects to the Tuberculin Test

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-2-103 MCA
• Implementing statute(s): Secs. 81-2-102, 81-2-103 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Subchapter 32.3.8 Scabies

Mont. Admin. R. 32.3.801 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.802 Cattle Scabies

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.803 Sheep Scabies

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.804 Equine and Swine Scabies

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA, Eff. 12/31/72
• History: REP, 1996 MAR p. 1864, Eff. 7/4/96.

Subchapter 32.3.10 Anthrax

Mont. Admin. R. 32.3.1001 Handling of Live Animals

(1) All animals on the premises where anthrax has been confirmed and all animals exposed to anthrax must be quarantined. 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) Under official supervision an immediate change of pasture, if practical, is recommended followed by prompt vaccination of all apparently well animals in the herd.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 2014 MAR p. 2955, Eff. 12/12/14.

Mont. Admin. R. 32.3.1002 Handling of Carcasses and Carcass Parts of Anthrax Infected Animals

(1) The carcasses of animals which have died of anthrax may not be skinned or opened, except when considered necessary by a deputy state veterinarian in order to make a definite diagnosis.

(2) Carcasses and hides of animals that have died of anthrax must be completely burned, covered with 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.

(3) If it is necessary to move the carcass of an animal that has died of anthrax:

(a) The carcass must only be moved the minimum distance necessary for burning or burial; or

(b) Carcasses may be moved in an approved licensed rendering plant truck by written permission from and under the supervision of a deputy state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-108, MCA
• History: Eff. 12/31/72; AMD, 2014 MAR p. 2955, Eff. 12/12/14.

Mont. Admin. R. 32.3.1003 Contaminated Premises

(1) The stalls, stables, sheds, equipment, utensils, and premises occupied or contaminated by animals that have died of anthrax must be completely cleaned and disinfected under the supervision of the state veterinarian.

(2) All litter, manure, feed and material that cannot be cleaned and disinfected must be burned.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; AMD, 2018 MAR p. 1960, Eff. 10/6/18.

Subchapter 32.3.12 Rabies

Mont. Admin. R. 32.3.1201 Reporting Rabies

(1) Any person having knowledge of an animal known to have or suspected of having rabies shall report an accurate description immediately to the state veterinarian or to a deputy state veterinarian.

(2) Any person having knowledge of any animal or person having been bitten by a dog or other animal known to have or suspected of having rabies shall report an accurate description immediately to the nearest health officer and to the state veterinarian or a deputy state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-107, MCA
• History: Eff. 12/31/72; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2014 MAR p. 2140, Eff. 9/19/14.

Mont. Admin. R. 32.3.1202 Rabies Quarantine

(1) When rabies is known to exist within an area, the Montana Department of Livestock, Animal Health Division, shall, by order of the state veterinarian, establish a rabies quarantine area and shall define the boundaries of the quarantine area and specify the animals subject to quarantine.

(2) The area shall be quarantined for a period of not less than 60 days from the date of the last known case of rabies or as much longer as in the judgment of the Board of Livestock seems reasonable and necessary; provided that any dog or other animal under quarantine having been properly immunized against rabies under official supervision may be released from the quarantine area after a period of 28 days from date of vaccination.

(3) A list of counties or areas within counties under quarantine pursuant to this rule is kept at the Helena offices of the Department of Livestock. A copy of that list, and a copy of any specific rabies quarantine, is available without charge upon request to the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, Eff. 7/4/77; AMD, 1980 MAR p. 583, Eff. 2/15/80; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2014 MAR p. 2140, Eff. 9/19/14.

Mont. Admin. R. 32.3.1203 Isolation of Rabid or Suspected Rabid Animals

(1) Any rabid or clinically suspected rabid animal must be isolated in strict confinement under proper care and under observation of a licensed veterinarian, in a pound, veterinary hospital, or other adequate facility in a manner approved by the state veterinarian. If professional veterinary evaluation warrants, the animal may be humanely destroyed and the brain or other appropriate tissues handled in accordance with ARM 32.3.1207. The animal must be handled in accordance with the National Association of State Public Health Veterinarians, Inc. (NASPHV) compendium of animal rabies control or other subsequently developed scientifically acceptable procedure recognized by the NASPHV.

(2) A list of those scientifically acceptable procedures recognized by the NASPHV under (1) is available without charge upon request to the office of the state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 1980 MAR p. 583, Eff. 2/15/80; AMD, 1988 MAR p. 86, Eff. 1/15/88; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2014 MAR p. 2140, Eff. 9/19/14; AMD, 2016 MAR p. 1259, Eff. 7/23/16.

Mont. Admin. R. 32.3.1204 Isolation of Biting Animals

(1) Upon consideration of the discretion and advice of the local health officer as defined in ARM 37.114.101, any dog, cat, or ferret, regardless of current rabies vaccination status, which bites or otherwise exposes a person must be confined and observed at an animal shelter, veterinary facility, or other adequate facility for ten days from the date of exposure.

(2) If any sign of illness develops in the isolated animal, it is to be evaluated by a licensed veterinarian and if in their judgment it is warranted, the animal may be humanely destroyed and the brain or other suitable tissue tested in a qualified laboratory for rabies. Any stray or unwanted wild or domestic animal that bites a person may be killed immediately and the head submitted to a laboratory for a rabies examination.

(3) Any dog, cat, or ferret that is subject to confinement and observation under (1) and that does not have a current rabies vaccination, may not be vaccinated during the ten-day confinement period.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 1980 MAR p. 583, Eff. 2/15/80; AMD, 1988 MAR p. 86, Eff. 1/15/88; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2014 MAR p. 2140, Eff. 9/19/14.

Mont. Admin. R. 32.3.1205 Animal Contacts

(1) Animals that have been exposed to a confirmed rabid or suspected rabid animal shall be managed according to vaccination status as per the Compendium of Animal Rabies Prevention and Control. Additional consideration can be given to severity of exposure, current health status, and local rabies epidemiology.

(2) Currently vaccinated animals shall be revaccinated immediately and observed for 45 days.

(3) Dogs and cats overdue for a booster vaccination with appropriate documentation of previous vaccination shall be managed as per (2).

(4) Animals without appropriate documentation of previous vaccination shall either be:

(a) ordered destroyed by the state veterinarian, or

(b) quarantined in strict isolation in a place and manner approved by the state veterinarian for a period not to exceed six months and rabies vaccine administered within 96 hours of exposure.

(5) Dogs and cats overdue for a booster vaccination and with a documented amnestic response to vaccination through serologic monitoring at the owner's expense may be managed as per (2).

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 1980 MAR p. 583, Eff. 2/15/80; AMD, 2012 MAR p. 1637, Eff. 8/10/12; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2016 MAR p. 1259, Eff. 7/23/16.

Mont. Admin. R. 32.3.1206 Stray or Ownerless Animals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 2013 MAR p. 2308, Eff. 12/13/13; REP, 2014 MAR p. 2140, Eff. 9/19/14.

Mont. Admin. R. 32.3.1207 Laboratory Examination Required

(1) Brain or other appropriate tissues of animals which have been destroyed because of suspected rabies or those which have died from suspected rabies must be forwarded, in an approved manner, immediately to a qualified laboratory to have tests for rabies applied.

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 1988 MAR p. 86, Eff. 1/15/88; AMD, 2013 MAR p. 2308, Eff. 12/13/13.

Subchapter 32.3.13 Scrapie

Mont. Admin. R. 32.3.1301 Quarantine

(1) A scrapie infected or source flock must be quarantined. The owner of this scrapie infected or source flock has the option of depopulating or signing an agreement with state federal scrapie program administrators complying with the requirements of 9 CFR 79.2.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-103 MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98.

Mont. Admin. R. 32.3.1302 Reporting Requirement

(1) The owners of the flock or his or her agent shall immediately report to the appropriate authorities any animals exhibiting behavioral abnormalities symptomatic of scrapie disease. Such animals must not be removed from the flock without the written permission of the appropriate authorities.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-103 MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98.

Mont. Admin. R. 32.3.1303 Identification

(1) Official identification is required for qualifying animals involved in the following:

(a) importation;

(b) entry into interstate marketing channels;

(c) change of ownership; or

(d) exhibition.

(2) Official identification must be made to the flock of birth or the flock of origin.

(3) The following groups of animals are required to be officially identified:

(a) sexually intact sheep and goats, regardless of age;

(b) all sheep and goats over 18 months of age;

(c) all scrapie-suspect and test-positive animals;

(d) all scrapie-exposed or scrapie high-risk animals; and

(e) all animals in scrapie-source, scrapie-infected, scrapie-exposed, or scrapie-non-compliant flocks.

(4) Animals that are exempt from the individual official identification requirement are:

(a) sheep and goats under 18 months of age in recognized slaughter channels;

(b) wethers for exhibition;

(c) sheep and goats moved for grazing purposes with no change of ownership; and

(d) animals from a registered premises and moved as a group lot directly to an approved slaughter facility or to an approved market and accompanied by an owner's statement as defined in the Scrapie Eradication Uniform Methods and Rules.

History

• Authorizing statute(s): 81-2-102, 81-2-104, MCA
• Implementing statute(s): 81-2-103, MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.3.1304 Retention of Identification

(1) The owner of the flock (or his or her agent) must maintain and retain for a minimum of 5 years after removal of an animal from a flock that animal's individual identification number (from the ear tag, electronic implant, tattoo, or ear tattoo) and any secondary form of identification and information the owner or his or her agent may choose to maintain.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-103 MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98.

Mont. Admin. R. 32.3.1305 Disclosure of Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102 MCA
• Implementing statute(s): 81-2-103 MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.1306 Availability for Inspection

(1) Animals in the flock and those records required under 9 CFR 79.2(a) (2) (iv) shall be available for inspection by the appropriate authority upon reasonable notice given to the owner of the flock or his or her agent.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-103 MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98.

Mont. Admin. R. 32.3.1307 Sample Collection

(1) The owner of the flock or his or her agent will have a deputy state veterinarian collect and submit tissues from animals reported pursuant to 9 CFR 79.2 at paragraph (a)(2)(ii) to an APHIS-designated laboratory.

History

• Authorizing statute(s): 81-2-103, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.3.1308 Identification Methodology

(1) Approved methods of official identification include:

(a) electronic implants;

(b) official eartags provided by or approved by USDA;

(c) legible official breed registry tattoo; or

(d) premises identification eartags.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-103, MCA
• History: NEW, 1998 MAR p. 2756, Eff. 10/9/98; AMD, 2013 MAR p. 538, Eff. 4/12/13.

Subchapter 32.3.14 Equine Infectious Anemia

Mont. Admin. R. 32.3.1401 Definitions

(1) "Equidae or equids" include all horses (E. cabalus), asses (E. asinus), zebras (e. equiferus), their crosses, and other members of the equidae family as determined by the state veterinarian.

(2) "Equine infectious anemia" (EIA) is an infectious, contagious and potentially fatal viral disease of equidae.

(3) "Exposed equids" are equidae that have been in a herd with reactors or have been in contact with a reactor for seven days or more at a distance of less than 200 yards or as determined by the state veterinarian to be otherwise at risk of being exposed via natural or iatrogenic means.

(4) "Official EIA test report forms" are the USDA, APHIS VS form 10-11 or other similar form approved by the USDA and the state veterinarian. A completed form must contain official identification of the equid and must list the owner's name, the address and county of the animal's home premise, the name and address of the authorized individual collecting the test sample, the laboratory name and address, and the individual's name that conducted the test. The EIA test document must list one animal only.

(5) "Official identification" of equine tested for EIA is a description of the equine to include the following: age, sex, breed, color, the animal's name, distinctive markings (e.g., color patterns, scars, or blemishes), and other forms of permanent identification (e.g., brands, tattoos, or microchips). In the absence of any distinctive color markings or any form of visible permanent identification (brands, tattoos, or scars) the animal must be identified by showing the location of all hair whorls, vortices or cow licks with an "X" on the illustration provided on an official form. Other forms of identification may be used as they are developed and approved by the state veterinarian.

(6) "Official tests" for EIA must include the AGID test, the C-ELISA test, and other EIA tests approved by the USDA and the state veterinarian and conducted by an approved individual at an approved laboratory.

(7) A "reactor" is an equid that is AGID test positive. It must be declared to be infected with EIA and must be designated as an EIA reactor.

(8) A "suspect" is an equid that is positive on any official test for EIA. It must be declared an EIA suspect and subject to additional testing pending final classification.

History

• Authorizing statute(s): 81-2-102, 81-2-104, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• History: NEW, 1998 MAR p. 2757, Eff. 10/9/98; AMD, 2018 MAR p. 2542, Eff. 12/22/18.

Mont. Admin. R. 32.3.1402 Blood Testing Procedures

(1) Equine blood samples collected for official EIA tests shall be collected by a state or federal animal health official or a deputy state veterinarian who is licensed, deputized, and accredited in the state in which the animal being tested is located.

(2) Official EIA test samples shall be accompanied to the testing laboratory by a completed official EIA test report form. The veterinarian or animal health official collecting the EIA test samples shall record the date the samples were collected and affix his/her signature to the official EIA test report.

(3) Official EIA tests shall be conducted in a laboratory approved by USDA and the office of the state veterinarian.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: NEW, 1998 MAR p. 2757, Eff. 10/9/98; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.3.1403 A Reportable Disease

(1) All laboratories conducting EIA tests on Montana origin equids and all veterinarians who diagnose EIA in Montana equids shall report positive results of all EIA tests and diagnoses to the department of livestock within one working day of such test or diagnosis. Negative test results shall be reported in the regular manner.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102, 81-2-103 MCA
• History: NEW, 1998 MAR p. 2757, Eff. 10/9/98.

Mont. Admin. R. 32.3.1404 Retesting of Reactor Horses

(1) The department of livestock may require or recommend a retest of an EIA reactor to confirm infection or identification of the animal. In cases where a confirmatory test is conducted, the final determination of infection shall be delayed until the results of the confirmatory test are available. The animal on which a confirmatory test is to be conducted shall be placed under an official hold order until the results of the confirmatory test are available.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102, 81-2-103 MCA
• History: NEW, 1998 MAR p. 2757, Eff. 10/9/98.

Mont. Admin. R. 32.3.1405 Disposition of Reactor Horses

(1) Equids found to be infected with EIA shall be quarantined to the premise where the animal was found to be infected, the owner's premise, or another premise approved by the department of livestock and are subject to the provisions of ARM Title 32, chapter 3, sub-chapter 1.

(2) The EIA reactor shall remain under quarantine until it is:

(a) consigned to slaughter at a USDA approved equine slaughter establishment;

(b) euthanized (or dies) and is buried or incinerated; or

(c) is donated to an approved university or other research facility for use in EIA research projects.

(3) Movement of any rector must be accompanied by a USDA, APHIS VS form 1-27.

(4) The quarantine premise or area for EIA reactors shall provide no less than 200 yards separation from all other equids. The quarantine area and quarantined animals therein may be monitored periodically by a representative of the department of livestock to ensure that provisions of the quarantine are being met. Any EIA reactor not held in quarantine may be ordered euthanized or sent to slaughter.

(5) All equids found to be infected with EIA shall be identified with an 81A brand on the left neck or left shoulder which will be followed by a number issued by the state veterinarian's office. Identification as an EIA reactor shall be accomplished within 15 days of notification that the animal is infected with EIA. The 81A brand shall be at least 2 inches high and may be either a hot iron brand or a freeze brand. The 81A brand will be assigned in sequence from the state veterinarian's office.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102, 81-2-103 MCA
• History: NEW, 1998 MAR p. 2757, Eff. 10/9/98.

Mont. Admin. R. 32.3.1406 Testing of Exposed Equids

(1) EIA exposed equids, as defined by ARM 32.3.1401, must be placed under a hold order until the animals have been tested negative to EIA at least 60 days after the last reactor animal has been removed from the premise. Individual exposed equids may be allowed to move under hold order for specific purposes as approved by the state veterinarian if they have a negative EIA test prior to movement. Such movement must not be longer than 15 days.

History

• Authorizing statute(s): 81-2-102, 81-2-104, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• History: NEW, 1998 MAR p. 2757, Eff. 10/9/98; AMD, 2018 MAR p. 2542, Eff. 12/22/18.

Subchapter 32.3.15 Poultry

Mont. Admin. R. 32.3.1501 Definitions

In this sub-chapter:

(1) "Official test" as applied to testing of poultry, means a test made by an authorized employee of the Montana department of livestock, animal health division or its authorized agent.

(2) "Cleaned and disinfected" means removal of all litter and thorough cleaning of premises, in a manner approved by the Montana department of livestock, animal health division, followed by a thorough spraying of all exposed surfaces with an approved disinfectant.

(3) "Distributor" means any person, who is in the business of distributing, disposing of or selling to the public baby, young or other chickens, ducks, geese, turkeys or other domestic fowl, or eggs for hatching purposes, including what is known as "over the counter sale" of baby chicks.

History

• Authorizing statute(s): Sec. 81-20-101 MCA
• Implementing statute(s): Sec. 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.1502 Flocks Producing Hatching Eggs

(1) Poultry houses and the land in the immediate vicinity thereof must be kept in a sanitary condition.

(2) Flocks must consist of healthy birds. An owner of any flock showing signs of an infectious, contagious or communicable disease may not sell hatching eggs until such time as the disease has been declared eliminated from the flock.

(3) The entire flock producing hatching eggs must be negative to an official pullorum-typhoid blood test made within the past 12 months. However, those flocks which have been negative to an official pullorum-typhoid blood test on the last two consecutive annual official tests and have confined all additions to the flock to birds from U.S. pullorum-typhoid clean flocks may be negative to an annual test consisting of at least 25% of the birds in the hatching-egg producing flock, the birds tested to be representative of all pens or units of birds on the premises. If pullorum-typhoid reactors are found on any test, the entire flock must be placed under quarantine, and the entire flock must pass two consecutive official pullorum-typhoid blood tests at least 21 days apart to be eligible for quarantine release and for hatching eggs produced from the flock to again be eligible to be sold.

(4) Each bird must be identified with a sealed numbered band. Under some conditions, other identification may be approved by the Montana department of livestock, animal health division.

(5) All domesticated fowl on the farm of the flock producing hatching eggs must either be properly tested to meet the same standards as the flock producing hatching eggs, or such birds and their eggs must be separated and maintained in a manner approved by the Montana department of livestock, animal health division.

(6) If pullorum, typhoid, or paratyphoid infection is found in a flock producing hatching eggs, no subsequent official blood test may be conducted until the previous reactors have been removed and the premises have been cleaned and disinfected.

History

• Authorizing statute(s): Sec. 81-20-101 MCA
• Implementing statute(s): Sec. 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.1503 Hatcheries

(1) All eggs set in a commercial hatchery may originate only from flocks that fully comply with ARM 32.3.2102 or 32.3.217.

(2) Incubators must be maintained in a sanitary condition. The hatching trays must be thoroughly washed and disinfected with an approved disinfectant after each setting. The hatching compartment must be thoroughly cleaned and fumigated with an accepted fumigant after each hatch.

(3) Batteries in which started poultry are kept must be separate and apart from incubator rooms, feed rooms, and the general public, must be maintained in a sanitary condition, and may not be overcrowded.

(4) All poultry sold in Montana must be apparently vigorous, and free from evidence of any infectious, contagious, or communicable disease, or known exposure thereto.

(5) Records of purchases and sales of eggs or poultry must be maintained by all hatcheries in Montana, and shall contain the name and address of the purchases, and the date of each purchase or sale.

(6) Hatcheries may use only new boxes in boxing chicks or poults.

History

• Authorizing statute(s): Sec. 81-20-101 MCA
• Implementing statute(s): Sec. 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.1504 Distributors

(1) Distributors may not purchase, handle, or sell poultry from any source which does not comply with ARM 32.3.2102, 32.3.2103, or 32.3.2301.

(2) Distributors who remove poultry from original shipping containers and hold them for distribution must provide adequate battery rooms separate and apart from feed rooms, store rooms, and the general public. The batteries and battery rooms must be kept in a sanitary condition.

(3) Distributors may not reuse any chick or poult box which has been shipped by public conveyance.

(4) Poultry which are offered for sale by distributors must be free from evidence of any infectious, contagious or communicable disease, or known exposure thereto.

(5) Records of purchases and sales of poultry must be maintained by all distributors in Montana, and shall contain the name and address of the purchaser and date of each purchase or sale.

History

• Authorizing statute(s): Sec. 81-20-101 MCA
• Implementing statute(s): Sec. 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.1505 Blood Testing with Salmonella Antigens

(1) The official pullorum-typhoid blood test is the standard tube agglutination test, the rapid serum test, or the stained-antigen, rapid, whole-blood test. The antigen used for official whole-blood tests shall be supplied by the Department of Livestock, Animal Health Division (department).

(2) There must be an interval of at least 21 days between any official blood test and any previous test with pullorum-typhoid antigen.

(3) All chickens to be used as breeders must be tested when more than four months of age.

(4) All turkeys to be used as breeders must be tested when more than four months of age.

(5) In breeding flocks, all reactors to tests with salmonella antigens, other than salmonella pullorum-typhoid antigen, must be considered in determining the disease classification of the flock.

(6) Reactors may be submitted to the department laboratory for autopsy and bacteriological examination. The number of reactors to be submitted must be designated by a representative of the department. In case such bacteriological examination fails to demonstrate pullorum or typhoid infections, the flock may be classified as free from pullorum or typhoid. If other members of the Salmonella group are isolated, the department may disqualify the flock for the production of hatching eggs, or require such action as is deemed necessary with respect to the infection.

(7) The department may designate or license authorized testing agents who have demonstrated the ability to perform the duties of pullorum-typhoid testing to the satisfaction of the department.

(a) No dealer, broker, or poultry market operator may be designated.

(b) The department may charge a fee for designation.

(c) The department has the authority to revoke designations.

History

• Authorizing statute(s): 81-20-101, MCA
• Implementing statute(s): 81-20-101, MCA
• History: Eff. 12/31/72; AMD, 2011 MAR p. 1556, Eff. 8/12/11; AMD, 2014 MAR p. 1096, Eff. 5/23/14; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.1506 Infectious, Contagious, or Communicable Diseases

(1) Poultry affected with or exposed to infectious, contagious, or communicable disease shall be handled in accordance with the provisions of sub-chapter 1 and the orders of the state veterinarian.

History

• Authorizing statute(s): Sec. 81-20-101 MCA
• Implementing statute(s): Sec. 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.3.1507 Exhibitions of Poultry (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-20-101 MCA
• Implementing statute(s): 81-20-101 MCA
• History: Eff. 12/31/72; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.1508 Tuberculosis in Poultry

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-20-101 MCA
• Implementing statute(s): Sec. 81-20-101 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, 7/4/96.

Subchapter 32.3.20 Animal Identifications

Mont. Admin. R. 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 CʌN hot iron brand or tattoo as permanent origin identification. If a brand is used, it must be 2-3 inches tall applied high on the right hip, consistent with VS memo 591.64. If a tattoo is used, it must identify the exporting country with the CʌN letters applied to the inside of the left ear.

(2) The following brands and earmarks owned and registered in the name of the Department of Livestock, Animal Health Division shall be used only for the purpose herein designated and shall not be used on livestock by anyone other than an official representative of the Montana Department of Livestock, Animal Health Division.

(a) Brands and earmarks for cattle:

(i) "T" on right or left jaw designates reactors to the tuberculin test and animals otherwise determined to be affected with tuberculosis.

(ii) "B" on right or left jaw designates reactors to the blood test for brucellosis and cattle otherwise determined to be affected with brucellosis.

(iii) "U" out of bottom of each ear designates calves officially vaccinated with Brucella abortus vaccine.

(iv) "0 - 9" inclusive on right side of neck of calves designating the year in which calves are officially vaccinated with Brucella abortus vaccine. (For example - 8 for 1958, 4 for 1964.)

(v) "0" (hole) in either ear designates adult cattle officially vaccinated with Brucella abortus vaccine.

(vi) "F" on left shoulder designated feeder cattle in a quarantined feedlot.

(vii) "S" on right or left side of neck or ♠ (spade mark) on right or left side of jaw designates officially spayed heifers.

(viii) "S" on left jaw to designate animals exposed to brucellosis.

(ix) "V" on the right tailhead to designate trichomoniasis positive bovines.

(b) Brands and earmarks for sheep:

(i) "S" on right back designated quarantined sheep (imported or quarantined for any purpose.)

(c) Brands and earmarks for horses:

(i) "81A" on left neck or left shoulder, to be used with marks "0 to 99".

(ii) "0 to 99" on left neck to be used with "81A".

History

• Authorizing statute(s): 81-2-102, 81-2-103, MCA
• Implementing statute(s): 81-2-102, 81-2-103, MCA
• History: Eff. 12/31/72; AMD, 1980 MAR p. 1082, Eff. 3/28/80; AMD, 1983 MAR p. 737, Eff. 7/1/83; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2012 MAR p. 1637, Eff. 8/10/12; AMD, 2015 MAR p. 936, Eff. 7/17/15; AMD, 2016 MAR p. 2428, Eff. 12/24/16; AMD, 2023 MAR p. 359, Eff. 4/15/23.

Mont. Admin. R. 32.3.2002 Swine Identification Code: Assignment of Codes

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR p. 583, Eff. 2/15/80; REP, 2018 MAR p. 1960, Eff. 10/6/18.

Mont. Admin. R. 32.3.2006 Intrastate Movement of Cattle: Identification (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• History: Eff. 12/31/72; AMD, 2016 MAR p. 889, Eff. 5/21/16; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Subchapter 32.3.23 Control of Biologics

Mont. Admin. R. 32.3.2301 Control of Biologics

(1) In this sub-chapter "biologic" means a medicinal preparation made from living organisms and their products. It includes but is not limited to serums, vaccines, antigens, and antitoxins.

(2) No biologic may be brought into the state without a permit from the Department of Livestock (department) as required by 81-2-703, MCA. A long term permit may be granted upon request.

(3) No person may manufacture for sale, or sell, or offer for sale for use in the state of Montana, any biological product intended for diagnostic, immunizing or therapeutic purposes in animals unless such product is approved by and manufactured under a license issued by the U.S. Department of Agriculture, or unless upon specific permission in writing by the department's animal health division.

(4) The distribution, sale or use of viable anthrax vaccines is prohibited except by permit from the state veterinarian of Montana.

(5) The sale of any rabies biologic except to a licensed veterinarian or public health agency is prohibited.

(6) All serums, viruses, and vaccines sold or offered for sale in the state of Montana for use in domestic animals shall be stored according to the manufacturer's label conditions. They must be sold in their original container.

History

• Authorizing statute(s): 81-2-102, 81-2-707, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-2-707, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, Eff. 11/4/75; AMD, 1980 MAR p. 1083, Eff. 3/28/80; AMD, 1984 MAR p. 267, Eff. 1/27/84; AMD, 1996 MAR p. 2300, Eff. 8/23/96; AMD, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.2302 Authorization and Official Tests

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102, MCA
• Implementing statute(s): Sec. 81-2-102, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.3.2303 Diagnostic Tests (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: Eff. 12/31/72; AMD, 2010 MAR p. 2974, Eff. 12/24/10; REP, 2024 MAR p. 2231, Eff. 9/21/24.

Mont. Admin. R. 32.3.2304 Vaccinations

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102, MCA
• Implementing statute(s): Sec. 81-2-102, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Subchapter 32.3.24 Indemnification

Mont. Admin. R. 32.3.2401 Indemnity for Animals Destroyed Due to Disease

(1) The owner of cattle, domestic bison, sheep, goats, swine, alternative livestock, and poultry destroyed or slaughtered due to disease as specified in 81-2-201, MCA, under the direction of the department or by order of the board may be paid indemnity for up to 100% of the appraised value of the animal, provided, however, payment for registered animals shall not exceed two times the determined value of commercial or grade animals.

(2) The indemnity shall be paid when the following conditions exist:

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

(b) The animal was purchased or imported into Montana less than 120 days before the date of a test disclosing reactor animals, and the owner is a farmer or rancher buying and selling animals in the ordinary course of their farm and ranch operation. 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 animal 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 animals under quarantine, cleaning and disinfection have been carried out; and

(e) An application claiming indemnity has been submitted.

(3) The amount of indemnity paid by the Department shall be decided by the Board with consideration given to any indemnity payments already paid on the animals, comparable sales receipts provided by the owner, the U.S. Department of Agriculture (USDA) indemnity calculator, USDA Agriculture Marketing Service market reports, and sales data from Montana livestock markets at the time the animal was taken.

(4) If there is a mortgage or lien recorded with the department on animals specified in 81-2-201, MCA, that are 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 animal and the lien holder or mortgagee.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, MCA
• Implementing statute(s): 81-2-201, 81-2-209, 81-2-210, MCA
• History: NEW, 2024 MAR p. 2231, Eff. 9/21/24.

Chapter 32.4 Alternative Livestock Regulations

Subchapter 32.4.1 Definitions

Mont. Admin. R. 32.4.101 Definitions

In this subchapter the following terms have the meanings or interpretations indicated below and must be used in conjunction with and supplemental to those definitions contained in 87-4-406, MCA.

(1) "Alternative Livestock" means the animals defined as alternative livestock and cloven hoofed ungulates in 87-4-406, MCA except domestic water buffalo (Bubalus bubalis).

(2) "Alternative livestock veterinarian" means a deputy state veterinarian who has been trained and approved by the department to perform regulatory work on alternative livestock.

(3) "Bill of sale" means the alternative livestock bill of sale form utilized by the Department of Livestock to document the valid transfer of ownership of alternative livestock.

(4) "Catch pen" means a fenced enclosure used in conjunction with the handling facility to hold alternative livestock for individual inspection, marking, or treatment.

(5) "Certificate of veterinary inspection" means the Department of Livestock inspection certificate form conforming to the requirements of the health certificate under ARM 32.3.206, for the inspection of alternative livestock. The form must include the number, species, age, sex, individual animal identification, owner, alternative livestock farm information and the reason for the inspection.

(6) "Confirmation sample" means a second sample taken from the same animal and submitted to a laboratory to confirm the results of the original sample.

(7) "Department" means the Department of Livestock.

(8) "Department designated agent" means an individual empowered by the department to act on behalf of the department in performing regulatory duties strictly defined by department policy.

(9) "Disease, communicable" means a disease that can spread from one animal to another animal or to humans.

(10) "Disease, quarantinable" means any disease defined under ARM 32.3.104, 32.3.116 or identified by order of the state veterinarian.

(11) "Elk-red deer hybrid" means an animal that is produced by the mating of an elk and red deer (Cervus elaphus) and all subsequent progeny.

(12) "Emergency" means a sudden unexpected medical condition demanding immediate medical care not available on the alternative livestock farm whereby if medical treatment is not obtained immediately, the animal may die.

(13) "Alternative livestock farm" means the enclosed land area upon which game farm animals may be kept, as defined by 87-4-406(3), MCA.

(14) "Alternative livestock parts" means parts of an alternative livestock carcass that may be taken from an alternative livestock farm in accordance with the provisions of 87-4-415 and 87-4-416, MCA. Alternative livestock parts does not include the regenerable parts harvested annually from alternative livestock farm animals.

(15) "H of A tag" means the Canadian equivalent of the United States Department of Agriculture (USDA) official eartag.

(16) "Handling device" means a mechanical structure or animal restraining device (such as a squeeze chute) that facilitates inspection and handling of individual alternative livestock.

(17) "Health certificate" has the meaning defined in ARM 32.3.201.

(18) "Herd plan" means a written disease management plan that is designed by the herd owner and the state veterinarian to eradicate disease from an affected herd while reducing human exposure to the disease. The herd plan will include appropriate herd test frequencies, tests to be employed, and any additional disease or herd management practices deemed necessary to eradicate a disease from the herd in an efficient and effective manner.

(19) "Herd tattoo" means the recorded whole herd mark or brand required by 81-3-102, MCA for alternative livestock identification.

(20) "Hybrid test" means a laboratory test recognized for the identification of elk-red deer hybrid animals.

(21) "Members of the same family" means a group whose membership is determined by including an individual, the individual's spouse, and the individual's parents, children, grandchildren, and the spouses of each.

(22) "Montana official eartag" means an alternative livestock identification tag provided by the Department of Livestock that meets the requirements of 87-4-414(4), MCA.

(23) "Permit" means an official document issued by the Montana Department of Livestock after proper application which allows the movement of animals, or biologics into Montana. The permit shall conform to the requirements of ARM 32.3.207.

(24) "Prohibited alternative livestock" means animals that are prohibited from importation for purposes of alternative livestock farming pursuant to 87-4-424, MCA.

(25) "Quarantine facility" means a department approved enclosure, separate from the catch pen and handling device, used to isolate newly acquired or diseased alternative livestock.

(26) "Restricted alternative livestock" means animal species, subspecies and their hybrids subject to specific importation restrictions.

(27) "Solid wall" means a wall constructed with no visible cracks between construction units or underneath the wall unit.

(28) "State waters" means a body of water so defined by 75-5-103, MCA.

(29) "Transfer" means the change in ownership interest or any part of an ownership interest in an alternative livestock animal.

(30) "Transportation" means the movement of alternative livestock to or from a licensed alternative livestock farm to another licensed alternative livestock farm, a market, or any other approved destination.

(31) "USDA official eartag" means an identification eartag that provides unique identification for each individual animal by conforming to the alphanumeric national uniform ear tagging system.

(32) "Whole herd mark" means an artificial mark or brand recorded by the department for the exclusive sole use of the individual in whose name the mark or brand is recorded. The whole herd mark assigned by the department for alternative livestock is the herd tattoo.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Subchapter 32.4.2 Identification

Mont. Admin. R. 32.4.201 Identification of Alternative Livestock

(1) Alternative livestock owned or transferred to any alternative livestock farm within the state of Montana must be individually identified by the method prescribed by the department.

(2) Every alternative livestock animal must be marked with a whole herd mark (herd tattoo) registered to an alternative livestock farm animal owner and placed in the location on the animal identified by the department's recorder of marks and brands.

(a) The herd tattoo placed in an animal born on the alternative livestock farm or imported to the alternative livestock farm from out-of-state shall be that of the owner of the animal and is recognized as the original tattoo.

(b) Retattoo of an illegible tattoo shall be done by a designated agent of the department and shall be the original tattoo (herd of origin) of the animal. When an animal is retattooed, the designated agent of the department shall submit a certificate of veterinary inspection to the department documenting the retattoo of the animal and the complete animal identification, age, sex and species information.

(c) The recorded whole herd mark (herd tattoo) has all of the rights of ownership granted under 81-3-105, MCA.

(3) Under the authority of 87-4-414, MCA, and 9 CFR 55 and 81, each alternative livestock will be marked with two forms of official identification approved by the department. One approved method of identification will be the Montana official eartag.

(a) Official ear tags will be issued to and applied by alternative livestock veterinarians or other department-designated agents. Alternative livestock veterinarians may choose to delegate authority to apply tags to an alternative livestock licensee within the context of a valid veterinarian-client-patient-relationship. In the circumstance that a licensee applies tags to alternative livestock the following conditions must be met:

(i) The alternative livestock licensee may only apply tags to their own animals in herds that have achieved CWD certified status as defined in ARM 32.4.1303.

(ii) The alternative livestock licensee may apply tags to calves born in the same year as the tagging event. All calf tagging must be completed and reported to the Department of Livestock prior to January 1. Tagging information must be reported to the Department of Livestock on an official department form within five days of the tagging event. If the alternative livestock licensee requests an extension to the January 1 tagging deadline a veterinarian must then apply the tags.

(iii) The alternative livestock licensee may apply replacement tags or tags to adult animals. The animal(s) must have one official tag in place prior to application of the replacement tag.

(b) USDA official eartags and Montana official eartags are nontransferable and can only be removed from an alternative livestock animal by a department-designated agent.

(c) Montana official eartags that are lost from alternative livestock must be surrendered to a department-designated agent or the department as soon as possible after the retrieval of the tag.

(d) All animal identification tags retrieved from alternative livestock by the department-designated agent shall be submitted to an approved diagnostic laboratory with samples for CWD testing or to the department Helena office for animals that are not CWD test eligible.

(4) The unauthorized removal of a Montana official eartag or USDA official eartag, or the alteration or reuse of tags shall constitute a violation of this rule.

(5) The alteration of a whole herd mark except as outlined in (2)(b) of this rule shall constitute a violation of this rule and 81-3-221, MCA.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422 MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2017 MAR p. 1661, Eff. 9/23/17; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.202 Identification of Omnivores and Carnivores

(1) Omnivores and carnivores shall be tattooed as required by 87-6-701, MCA.

(2) Each omnivore and carnivore shall be identified by microchip identification. The department shall specify the brand of microchip. The owner shall provide the department the microchip number/frequency and location of insertion of the microchip for each animal.

(3) If the animal does not qualify for a waiver under ARM 32.4.203; the animal must be fitted with a collar or other form of identification that meets the requirements of 87-4-414, MCA designated by the Department of Livestock.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2018 MAR p. 1960, Eff. 10/6/18.

Mont. Admin. R. 32.4.203 Waivers to Identification

(1) Under the authority of 87-4-414(5), MCA, the department may grant a temporary waiver to identification requirements. The licensee may request a temporary waiver if the animal meets the following requirements:

(a) the animal is tattooed in compliance with 81-3-102, MCA, or 87-1-231, MCA; and

(b) for animals 12 months of age and older, the animal has one existing form of approved identification.

(2) Temporary waivers expire January 1 of the year following the year of issuance.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Subchapter 32.4.3 Inspection

Mont. Admin. R. 32.4.301 Inspection of Alternative Livestock

(1) Prior to the sale, transfer of ownership, or transportation of a live animal from a licensed alternative livestock farm, with the exclusion of omnivores and carnivores, the animal must be inspected by the department-designated agent with the following exceptions:

(a) The department may waive the inspection if the sale or transfer of ownership of the alternative livestock animals is between members of the same family and if no change in location of the animals occurs;

(b) Alternative livestock may be moved without inspection between alternative livestock farm properties under one license;

(c) Animals requiring emergency medical treatment may be transported without prior inspection for veterinary treatment if the following conditions are met:

(i) Prior to the movement of the animal, the owner must call the department (Helena office), and file an intent to transport the animal and schedule the inspection of the animal at the destination vet clinic.

(ii) An inspection must be completed by an alternative livestock veterinarian prior to movement from the vet clinic and return to the alternative livestock farm; and

(iii) Any untagged and untattooed alternative livestock must be tagged and marked in compliance with 87-4-414, MCA and 81-3-102, MCA prior to return to the alternative livestock farm;

(d) Animals transported directly to an approved slaughter facility may be transported without prior inspection if all of the following conditions are met:

(i) all animals are officially identified with a Montana eartag;

(ii) prior to the movement of the animal, the alternative livestock licensee or their agent must call the department (Helena office) and request a transport permit number, provide the department the complete individual animal identification, age, sex, and species of each animal intended for shipment and the immediate destination of the animals;

(iii) the department (Helena office) will issue a transport permit number that will be valid for 48 hours from the time of issue to allow movement of the animals from the alternative livestock farm to the approved slaughter facility;

(iv) the transport permit number must be written on a department-approved form, a copy of which must accompany the animal(s) to the destination;

(v) the alternative livestock licensee shall retrieve the alternative livestock animal head(s), all official identification tags, an official receipt for the animal(s) from the slaughter facility; and for animals meeting test age criteria, the licensee must ensure the appropriate CWD testing samples are submitted by an alternative livestock veterinarian to an approved laboratory for testing;

(vi) movement of alternative livestock must be in a secured and enclosed vehicle; and

(vii) the alternative livestock licensee shall provide a copy of the transport permit and an appropriate receipt from the slaughter facility to the department (Helena office) within five days of the animal's arrival at the slaughter facility.

(e) Omnivores and carnivores must meet the inspection and transportation requirements of the Department of Fish, Wildlife and Parks.

(2) For animals that are killed by predators or die of natural causes, the animal death must be reported to the department (Helena office) within five working days of the discovery of death.

(a) If the animal has been tagged or marked, a department-designated agent must remove the official eartags from the animal and all of the identification tags from the animal must be submitted to the department with a completed certificate of veterinary inspection. The department may allow the animal to be inspected at a location off of the alternative livestock farm and transported in accordance to the procedures outlined in (3)(a).

(b) If the animal has not been tagged and marked, the department may waive the inspection requirement.

(3) Alternative livestock that are slaughtered on the alternative livestock farm must be inspected by an alternative livestock veterinarian.

(a) The alternative livestock including but not limited to the carcass, parts, or meat must be inspected prior to removal from the licensed alternative livestock farm property unless:

(i) The owner or owner's agent of the animal has called the department (Helena office) and has provided the department the complete identification, age, sex, and species of the animal; the immediate destination of the animal; and the name and address of the consignee if the animal was sold.

(ii) The department (Helena office) must give permission for the owner or owner's agent to move the animal from the alternative livestock farm. A transport number or certificate of identification number will be given to the alternative livestock licensee. This number must be listed on the bill of sale for the animal or other department-specified form. The valid bill of sale for the animal or department-approved form must accompany the animal to its destination.

(iii) Prior to the movement of the animal from the property, a department-designated agent must be informed by the alternative livestock farm licensee of the immediate destination of the animal. The department-designated agent shall inspect the animal and retrieve the identification tags from the animal. All identification tags, bill of sale (or other approved form), and completed certificate of veterinary inspection must be submitted to the department within five days of completion of the inspection.

(b) If a department-designated agent is present on the licensed alternative livestock farm at the time of slaughter, the department will waive the requirement to inform the Helena office. The inspection of the animal pursuant to 87-4-416, MCA, must be completed prior to movement of the animal carcass, meat, or parts from the alternative livestock farm.

(4) A valid bill of sale must accompany any sale or transfer of ownership of any alternative livestock farm animal, carcass, meat or parts.

(a) Transfer of ownership of alternative livestock must meet all of the requirements of ARM 32.18.106. The valid bill of sale must bear the signature of one of the recorded owner(s) of the recorded whole herd mark or his assigns.

(b) A copy of the bill of sale must be provided to the department-designated agent at the time of inspection, and the agent shall in turn provide the copy to the department (Helena office).

(c) A copy of the bill of sale must be kept in records maintained by the alternative livestock farm licensee.

(5) The alternative livestock farm licensee shall present alternative livestock for inspection under conditions where the designated agent for the department can safely read all marks and identification on the animals.

(6) The inspection shall permit the movement of the alternative livestock from the place of inspection immediately to the destination shown on the inspection certificate. No diversion or off-loading of the alternative livestock will be permitted without approval from the department and further inspection. A certificate of inspection shall permit the movement of the alternative livestock identified thereon for no more than ten days after the date of inspection.

(7) Certificates of inspection, bills of sale and identification tags must be mailed to the Helena office within five days of completing the inspection.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-104, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.302 Inspection of Alternative Livestock and Internal Facilities

(1) An authorized agent of the department may enter the alternative livestock farm and conduct an inspection of the internal facilities and/or animals under the following conditions:

(a) For routine inspection purposes, after contacting the owner/manager of a licensed alternative livestock farm, an authorized agent of the department may enter at reasonable times on the alternative livestock farm to inspect the alternative livestock and the internal facilities.

(b) If the department has reasonable cause to believe that a violation of Title 87, chapter 4, Title 81, chapter 3, MCA, or any rule made under the authority of 87-4-422, MCA, has occurred, an unannounced inspection of the alternative livestock farm internal facilities and/or animals may be conducted.

(c) Upon request, the alternative livestock farm licensee shall present the alternative livestock for inspection under the conditions required by ARM 32.4.301.

(d) The alternative livestock farm licensee is responsible for assembling, handling, and restraining animals and for all subsequent costs incurred to present the animals for inspection.

(2) The department may require the inspection of an escaped, recaptured alternative livestock.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Subchapter 32.4.4 Testing Requirements

Mont. Admin. R. 32.4.401 Change of Ownership Testing Requirements for Alternative Livestock

(1) Prior to a change of ownership, movement, transfer, or sale of alternative livestock within Montana, the animals must meet all testing requirements mandated by the state veterinarian under ARM Title 32, chapter 3, subchapters 4 and 6.

(2) The department may waive change of ownership and transportation testing requirements of alternative livestock consigned for slaughter on the immediate alternative livestock farm premises, or consigned to an out-of-state destination with the following conditions:

(a) The waiver from testing does not exempt any requirement for necropsy or post mortem inspection that may be determined to be necessary by the state veterinarian.

(b) No animal consigned to an out-of-state destination may be diverted to an in-state destination if it has not met the test requirements of this rule and without the approval of the department.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.402 Elk-Red Deer Hybridization Tests

(1) All elk imported into Montana must be certified free from elk-red deer hybridization. No elk-red deer hybrid may be imported.

(2) An elk may be certified free from elk-red deer hybridization by one of the following methods:

(a) Provide an elk-red deer hybridization test result that shows no red deer markers and clearly identifies the animal; or

(b) Provide a North American Elk Breeder Association gold or silver level registration that clearly identifies the animal.

(3) The elk-red deer hybrid test procedures for all alternative livestock farm elk is as follows:

(a) Blood samples must be drawn and submitted by an alternative livestock veterinarian.

(b) The test must be conducted at a department approved laboratory and meet department standards. A copy of all test results must be provided to the department. The licensee shall provide a copy of any positive elk-red deer hybrid results to the Department of Fish, Wildlife and Parks.

(c) Animal test results conducted prior to the adoption of these rules may be accepted if the identity of the animal can be documented to the department.

(d) The owner of any animal identified as an elk-red deer hybrid may submit a second confirmation sample to another approved laboratory within six months of receiving the results of the first hybrid test.

(4) If an elk-red deer hybrid is detected, the animal must be neutered, slaughtered or sold out of state in accordance with ARM 32.4.901. The identity of any animal identified as an elk-red deer hybrid and proof of neutering must be submitted to the department by the alternative livestock veterinarian. The state veterinarian shall determine what is acceptable as proof of neutering.

History

• Authorizing statute(s): 81-2-102, 81-2-707, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-703, 81-2-707, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2016 MAR p. 889, Eff. 5/21/16.

Mont. Admin. R. 32.4.403 Requirements for Alternative Livestock Gametes (ova and Semen) and Embryos

(1) The use of semen within the state of Montana and the import of semen into the state, for artificial insemination of alternative livestock must meet all of the requirements of 81-2-703, MCA, rules promulgated under the authority of 81-2-703, MCA, and any order of the state veterinarian.

(2) The sale and importation of gametes and embryos in the state of Montana must meet the requirements for the sale and transfer of alternative livestock, which include, but are not limited to:

(a) the provisions for a bill of sale;

(b) a health certificate; and

(c) importation permit where applicable.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-703, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.404 Requirements for Escaped, Recaptured Alternative Livestock

(1) The state veterinarian may require disease testing of an escaped, recaptured alternative livestock prior to reintroduction to the herd.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.4.405 Waiver of Testing Requirements

(1) The state veterinarian may waive a disease testing requirement on a case by case basis if granting the waiver does not create a threat of disease to livestock, wildlife or to the public.

History

• Authorizing statute(s): Sec. 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99.

Mont. Admin. R. 32.4.406 Laboratory Requirements

(1) All tests of animals required by Montana or federal authorities as a condition for entry into or movement within Montana must be made or confirmed in state or federal animal diagnostic laboratories.

History

• Authorizing statute(s): Sec. 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99.

Subchapter 32.4.5 Restricted or Prohibited Alternative Livestock

Mont. Admin. R. 32.4.501 Possession of Restricted or Prohibited Alternative Livestock

(1) Under the authority of 87-4-424, MCA, the Department of Fish, Wildlife and Parks has prohibited the possession, purchase, sale or transportation of elk-red deer hybrids.

(2) The transportation or disposition of any restricted or prohibited species must meet all department testing, transportation, sale, slaughter, and inspection requirements for alternative livestock.

(3) Five days advance notice must be provided to the department and the Department of Fish, Wildlife and Parks prior to the transportation or disposition of any illegally possessed animals.

(4) Possession, transport, or sale of any other restricted or prohibited species is subject to the penalties and disposition mandated under 87-4-407, MCA.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.4.502 Importation of Restricted or Prohibited Alternative Livestock

(1) The department has designated the following alternative livestock as "restricted species" on the basis of specific animal health risks that they pose to wildlife and/or domestic livestock:

(a) The importation of white-tailed deer (Odocoileus virginianus) and moose (Alces alces) into Montana is restricted until such time the state veterinarian approves a diagnostic technique and test protocols for the detection of meningeal worm parasites and dorsal spined larvae. No animal with positive test results for meningeal worm or dorsal spined larvae may be imported into Montana.

(i) The state veterinarian may approve new technology and test protocols for the detection of meningeal worm parasites and/or larvae as they are developed.

(b) Importation of reindeer (Rangifer sp.) into Montana is restricted except under the following conditions:

(i) All animals in the shipment originate in a herd located south of the Canada/U.S. border that is certified brucellosis (B. suis and B. abortus) and tuberculosis free as determined by whole herd testing; and

(ii) Imports from Canada and Alaska may be imported if they meet testing requirements and have resided in another state for one year and all female animals have had one calf.

(c) Species susceptible to chronic wasting disease may not be imported from a geographic area or alternative livestock premises where chronic wasting disease is endemic or has been diagnosed within 50 miles within the previous five years. The county of origin must have a wildlife surveillance program that has been reviewed and approved by the state veterinarian.

(2) In the family Bovidae, the department has designated as prohibited species all members of the following genera and hybrids thereof:

(a) Subfamily Hippotraginae:

(i) Connochaetes (wildebeests);

(ii) Alcelaphus (hartebeests); and

(iii) Damaliscus (sassabies: blesbok, bontebok, topi).

(3) The department shall restrict from importation for purposes of alternative livestock farming any cloven hoofed ungulate species or subspecies and their hybrids with native species that have been classified by the Department of Fish, Wildlife and Parks under the authority of 87-4-424, MCA, as posing a threat to native wildlife or livestock.

(4) Reclassification by the department of any species listed as prohibited or restricted is contingent upon compelling scientific information indicating the risks posed by these species to native wildlife populations and/or domestic livestock can be eliminated or managed effectively through new diagnostic techniques or management technologies.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2020 MAR p. 905, Eff. 5/16/20.

Subchapter 32.4.6 Shipment

Mont. Admin. R. 32.4.601 Importation of Alternative Livestock

(1) Alternative livestock imported into Montana must meet all requirements of ARM Title 32, chapter 3, subchapter 2; Title 81, chapter 2, part 7, MCA; and any other orders issued by the department.

(2) All cervid species will be treated with an appropriate anthelmintic as determined by the state veterinarian at least 20 days prior to entry into Montana to reduce the potential of undesirable parasites.

(3) Animals must be consigned to an alternative livestock farm licensee. The alternative livestock farm licensee must have a valid license for the species being imported.

(4) Alternative livestock shall be accompanied by an official health certificate and a permit, which must be attached to the waybill or be in the possession of the driver of the vehicle or person in charge of the animals. When a single health certificate or permit is issued for animals being moved in more than one vehicle, the driver of each vehicle must possess a copy of the health certificate or permit.

(a) The official health certificate must meet all of the requirements of ARM 32.3.206 and the accredited veterinarian issuing the health certificate must certify that the following conditions are true:

(i) All elk in the shipment have been certified free from red deer gene markers as required by ARM 32.4.402. No elk-red deer hybrid may be imported. Certification must be provided to the department prior to the issuance of an import permit;

(ii) The accredited veterinarian issuing the health certificate shall assess the herd of origin and determine if the alternative livestock have been infected by or exposed to Mycobacterium paratuberculosis (Johnes disease). A statement summarizing the findings shall be included on the health certificate. No animal exposed to or infected with M. paratuberculosis may be imported;

(iii) The herd of origin must be certified as free of central nervous system (CNS) symptoms for the last five years; and

(iv) Animals must meet all other importation requirements made by the state veterinarian under ARM Title 32, chapter 3, subchapter 2;

(b) The importation permit must meet all of the requirements of ARM 32.3.207.

(5) For change of ownership, a valid bill of sale must accompany the shipment. A copy of the bill of sale must be provided to the department at the time the animal is tagged and marked.

(6) Prior to shipment, all alternative livestock with the exclusion of omnivores and carnivores must be marked with a USDA official eartag or its Canadian equivalent called an H of A tag.

(7) All alternative livestock must be quarantined upon arrival in Montana until all testing requirements have been met and the animal is tagged and marked.

(8) No person consigning, transporting, or receiving alternative livestock into Montana may authorize, order, or carry out diversion of such animals to a destination or consignee other than set forth on the health certificate or permit without first obtaining written authorization from the state veterinarian of Montana or his designee to make such a diversion.

(9) Importation of gametes shall meet all requirements outlined in ARM 32.4.403.

(10) Importation of alternative livestock semen must meet the applicable requirements of ARM 32.3.220.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 81-2-707, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 81-2-402, 81-2-703, 81-2-707, 81-3-102, 87-4-414, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2016 MAR p. 889, Eff. 5/21/16; AMD, 2018 MAR p. 1960, Eff. 10/6/18; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.602 Exportation of Alternative Livestock

(1) Any alternative livestock exported must be tagged and marked in compliance with ARM 32.4.201.

(2) The animal must meet the inspection requirements for change of ownership and movement of alternative livestock prior to movement from the alternative livestock farm in accordance to ARM 32.4.301.

(3) The shipment must be accompanied by a certificate of inspection and valid bill of sale for animals that have changed ownership.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 81-3-102, 87-4-414, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2016 MAR p. 2062, Eff. 11/11/16.

Subchapter 32.4.7 Transportation

Mont. Admin. R. 32.4.701 Transport Within and Into Montana

(1) Prior to movement of alternative livestock within Montana, the animals must be inspected pursuant to 81-3-203(1) through (3), MCA, excluding those exceptions outlined in ARM 32.4.301.

(2) When transporting alternative livestock within and into Montana, the animal shipment shall be accompanied by the inspection certificate or transport permit and if a change of ownership has occurred, a valid bill of sale must accompany the shipment. If the animals are moved in more than one vehicle, the driver of each vehicle shall have in his possession a copy of the inspection certificate or transport permit, and bill of sale.

(3) Imported animals must meet all the requirements of ARM 32.4.601.

(4) Movement of alternative livestock must be in a secured and enclosed vehicle.

(5) Movement of alternative livestock from alternative livestock farm property to alternative livestock farm property under one license must be within a secured and enclosed vehicle unless the following conditions have been met:

(a) the properties are immediately adjacent with no separation distance between the properties; or

(b) the alternative livestock farm licensee must submit to the department for review and approval a proposed alternative method of transportation or movement of animals between separated properties. This shall include but is not limited to the movement of animals from pasture to pasture across public or private roads, easements, and rights of way.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13.

Mont. Admin. R. 32.4.702 Transport Through Montana

(1) Alternative livestock may be transported from out of the state through Montana if:

(a) the animals proceed directly through Montana with no intent to unload;

(b) an official health certificate is obtained from the state of origin to show destination, origin, and proof of ownership of any alternative livestock being transported;

(c) animals are not sold, bartered, traded, or otherwise transferred while in the state; and

(d) in emergencies, alternative livestock in transit are unloaded and temporarily held with prior approval from the department (Helena office). Animals must be held in compliance with quarantine rules promulgated by the department.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Subchapter 32.4.8 Quarantine and Handling

Mont. Admin. R. 32.4.801 Catch Pen and Handling Device

(1) All alternative livestock farm licensees must have a catch pen and a handling device that enables the licensee to test, inspect, mark, and tag all alternative livestock on the premises.

(2) A permanent or portable handling device must be on the alternative livestock farm at all times. The handling device must be of a size appropriate for the species of animal and must provide for the safety of the animal and the handler.

(3) Each licensed alternative livestock farm property must have a catch pen within the perimeter fencing to facilitate the confinement, handling, and movement of animals. Alternative livestock farm properties with a physical separation distance between pastures are required to maintain a catch pen in each pasture.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.4.802 Quarantine Facility

(1) Each licensed alternative livestock farm must have a department-approved quarantine facility within its perimeter fence or submit a quarantine action plan to the department that guarantees the licensee unlimited access to an approved quarantine facility on another licensed alternative livestock farm within the state of Montana.

(2) Approval for expansion of an alternative livestock farm shall not be granted by the Department of Fish, Wildlife and Parks until the licensee receives department approval of the quarantine facility and handling facilities.

(3) A licensee applying for an expansion of an alternative livestock farm shall submit the following to the department and the Department of Fish, Wildlife and Parks at the time the application is submitted to the Department of Fish, Wildlife and Parks:

(a) design plans for the applicant's alternative livestock farm catch pen and handling facilities required under ARM 32.4.801;

(b) detailed design specifications for a quarantine facility on the property owned or leased by the applicant and identified on the alternative livestock farm license application; or

(c) a quarantine plan for the quarantine of animals at an approved quarantine facility located on another licensed alternative livestock farm (host). This plan must include:

(i) recognition that animals must meet all inspection, transportation and testing requirements prior to movement;

(ii) a signed statement from the alternative livestock farm licensee (host) who is allowing the applicant unrestricted use of his quarantine facility. This statement must define the period of time for which the applicant/licensee has permission to use the quarantine facility; and

(iii) if the alternative livestock farm licensee (host) revokes the privilege to use his quarantine facility, or if the privilege is consensual for a defined period of time which has expired, the applicant/licensee has 30 days to design his own facilities and submit the plans to the department for approval. The applicant/licensee must construct the facility within 90 days of department approval of the plans.

(4) Design specifications for a quarantine facility shall include all measured dimensions of the proposed facility (heights and perimeters) and shall include the location and materials for fences, location of any shelters, feeding or water sources, location of the quarantine facility within the licensed alternative livestock farm property, streams, slopes of property, gates, and access to holding facilities. The specifications for a quarantine facility must meet the following:

(a) a requirement for fencing to extend upward 8 feet from the ground level and meet one of the following criteria:

(i) a solid wall; and

(ii) a required separation distance of greater than 14 feet between the animals placed under quarantine and all other animals, including public wildlife. This can be accomplished by:

(A) construction of double fences, greater than 14 feet apart; or

(B) creation of a quarantine pen utilizing vacated surrounding pens to create the separation distance required in (4)(a)(ii). No pen surrounding the quarantine pen may be utilized for any purpose during the quarantine period.

(b) provisions for confined animals that include the humane holding and care of the quarantined animals for an extended period of time and include provisions for the following:

(i) feeding facilities isolated from contact by any other animals;

(ii) water available at all times and isolated from contact by any other animals; and

(iii) shelter provided for the animals.

(c) the quarantine pen must meet the following:

(i) it must be located on relatively flat ground in order to prevent egress or ingress of animals. If built on a slope, the department may require additional measures be taken to prevent ingress or egress;

(ii) fecal wastes and water must not drain from the quarantine pen to any other pens or area of the alternative livestock farm, or into an area outside the alternative livestock farm where wildlife, animals, livestock, or people could come into contact with such wastes. The department may require additional measures be implemented to prevent run off from the quarantine pen into state waters; and

(iii) The quarantine pen may not include any surface water body of state waters within its boundary.

(d) The facility shall include a means to move the animals from the quarantine facility to the handling facility.

(5) The state veterinarian may require additional modifications to the quarantine facility as determined necessary.

(6) The department may waive requirements on a site specific basis if it is determined the conditions of quarantine are not compromised by granting the waiver.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.803 Modification of Quarantine Facilities

(1) Prior to modifying the quarantine facility, the licensee shall submit to the department for approval the plans and specifications for the proposed changes. Modifications include structural changes and/or a change of location of the quarantine facilities.

History

• Authorizing statute(s): Sec. 87-4-422 MCA
• Implementing statute(s): 87-4-422 MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99.

Subchapter 32.4.9 Conditions and Penalties

Mont. Admin. R. 32.4.901 Imposition of Quarantine

(1) Imported alternative livestock shall be placed under quarantine until:

(a) all disease testing requirements are met; and

(b) the animals are tagged and marked as required by 87-4-414, MCA.

(2) Any animals placed in quarantine shall be immediately presented by the licensee to the department for testing and/or inspection upon request. Failure to present animals may be interpreted as the negligent or willful misconduct of the alternative livestock farm operation and also a threat to the public safety.

(3) The state veterinarian under the authority of 81-2-103, MCA and rules promulgated under ARM Title 32, chapter 3 shall outline the establishment and release of quarantine for all quarantinable diseases. This shall include but is not limited to the following:

(a) the required testing for exposed and infected alternative livestock placed under quarantine and any testing required for other animals on the alternative livestock farm and adjacent properties;

(b) specific confinement requirements and restrictions for the animals placed under quarantine, (this may include construction of additional fences, restrictions or requirements on unquarantined animals regarding sale and transport);

(c) movement of animals from the herd identified under terms of the quarantine;

(d) disposal of animals wastes and carcasses on the alternative livestock farm property; and

(e) any other measures deemed necessary for the elimination of disease on the game farm.

(4) The disposal of tuberculosis-infected alternative livestock as determined by physical examination or tuberculin test must meet all requirements of ARM Title 32, chapters 3 and 6 and orders by the state veterinarian.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.4.902 Breaking of Quarantine

(1) No person may remove any quarantined animal from a quarantine area or bring any animals into an active quarantine area without the permission of the department.

(2) Violation of the terms of the quarantine is punishable by 81-2-113 , MCA, and other applicable provisions of the MCA.

History

• Authorizing statute(s): Sec. 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99.

Subchapter 32.4.10 Reporting Diseases and Disposal of Carcasses

Mont. Admin. R. 32.4.1001 Duty to Report Contagious Diseases

(1) Any person, including an alternative livestock licensee who has reason to believe that alternative livestock have or have been exposed to a dangerous or communicable disease, must give notice to the department immediately.

History

• Authorizing statute(s): 87-4-422, MCA
• Implementing statute(s): 87-4-422, MCA
• History: NEW, 1999 MAR p. 136, Eff. 1/15/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.4.1002 Disposal of Carcasses

(1) Carcasses of animals that have died from causes other than anthrax must be disposed of in a satisfactory manner that meets the residential county solid waste disposal requirements. Carcasses of dead animals may not be disposed of along public highways, streams, lakes or rivers, or allowed to remain on the ground surface so as to become a public nuisance to livestock, wildlife or other animals.

History

• Authorizing statute(s): Sec. 87-4-422, MCA
• *Implementing statute(s): *
• History: 87-4-422, MCA; NEW, 1999 MAR p. 136, Eff. 1/15/99.

Subchapter 32.4.13 Chronic Wasting Disease

Mont. Admin. R. 32.4.1301 Definitions

In this subchapter, the following terms have the meanings or interpretations indicated below and must be used in conjunction with and supplemental to those definitions contained in 87-4-406, MCA, ARM 32.4.101, and any subsequent department rule or order including 9 CFR 55 and 81.

(1) "Animal" means a cervid.

(2) "Cervidae or cervid" means all members of the Cervidae family including deer, elk, moose, caribou, reindeer, and related species and hybrids thereof. Cervidae includes wild cervids, those animals on alternative livestock farms, and those animals owned by zoos and other public or private captive facilities not licensed as alternative livestock farms.

(3) "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.

(4) "CWD" affected "cervid" or "affected animal" means a cervid diagnosed with CWD based on laboratory procedures.

(5) "CWD affected cervid herd" or "affected herd" means a cervid herd from which any cervid has been diagnosed with CWD.

(6) "CWD exposed cervid" or "exposed animal" means a cervid that is from an affected herd or for which epidemiological investigation indicates contact with CWD affected cervids or contact with cervids from a CWD affected herd or contact with a contaminated premises within the last five years.

(7) "CWD exposed cervid herd" or "exposed herd" means herds for which epidemiological investigation indicates contact with CWD affected cervids or contact with cervids from a CWD affected herd or contact with a CWD positive animal within the five years prior to the animal's diagnosis.

(8) "CWD monitored cervid herd" means a herd of alternative livestock farm cervids that has complied with the CWD surveillance requirements outlined in ARM 32.4.1302.

(9) "CWD monitored herd status" means a designation made by the department that indicates the number of years an alternative livestock cervid herd has complied with CWD surveillance criteria.

(10) "CWD test-eligible cervids" means cervids, excluding wild cervids, 12 months of age or greater that die for any reason.

(11) "CWD trace herd" or "trace herd" is a cervid herd where an affected animal resided within five years prior to that animal's diagnosis with CWD, or any cervid herd which received animals from a CWD affected or exposed herd within the previous five years.

(12) "Epidemiological investigation" means the scientific investigation conducted to determine the specific cause and source of a disease outbreak and to determine the population affected or exposed to the disease.

(13) "Exporting herd" means a herd of cervids in another state or province from which a Montana importation permit is requested to allow the shipment of cervids into Montana.

(14) "Herd of origin" means the herd into which an animal is born.

(15) "Herd plan" means a written herd management plan that is designed by the herd owner and the state veterinarian in which each participant agrees to undertake actions specified in the herd plan to prevent, control or eradicate chronic wasting disease from an affected, exposed or trace herd while reducing human or wildlife exposure to the disease. The herd plan will include, but is not limited to, the appropriate herd test or surveillance frequencies, tests to be employed, and any additional disease or herd management practices deemed necessary to prevent, control, or eradicate a disease from the herd in an efficient and effective manner.

(16) "High-risk animal" means a cervid that may have been exposed to chronic wasting disease. The state veterinarian will determine which animals within a herd are high-risk animals.

(17) "Hold order" means a restriction placed on an identified population of animals prohibiting their movement from the premise, a portion of a premise or contact with other animals on the premise.

History

• Authorizing statute(s): 81-2-103, 81-2-104, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.1302 Requirements for Mandatory Surveillance of Montana Alternative Livestock Farm Cervidae for Chronic Wasting Disease

(1) The licensee must present the entire herd every 11-13 months for visual inspection by a designated agent of the department, including verification and recording of visual identification. The department will reconcile alternative livestock game farm animal's identification and the alternative livestock inventory with the department's records.

(2) The licensee must present the entire herd no more than every three years beyond the initial herd enrollment for physical inspection by a designated agent of the department, including verification and recording of all forms of identification. The department will reconcile alternative livestock game farm animal's identification and the alternative livestock inventory with the department's records.

(3) The licensee must retain a complete herd inventory of animals that shall include all forms of identification, age, species, sex, source, and death if applicable. Individual animal records must be retained for five years after a cervid has left a herd or has died. Records must be made available to department personnel upon request and at the time of each annual inspection or inventory.

(4) The licensee must report all alternative livestock deaths to the department (Helena office) within five days of the discovery of death as required by 87-4-415, MCA.

(5) Upon the discovery of dead cervids, the licensee must immediately request an inspection of the alternative livestock as required by ARM 32.4.301. At the time of the inspection of the dead animal, the alternative livestock veterinarian shall remove the currently required tissue samples and/or specimens and submit them to a department-approved laboratory for testing for chronic wasting disease (CWD).

(a) An alternative livestock licensee with a valid veterinarian-client-patient-relationship with an alternative livestock veterinarian may collect CWD samples from a dead cervid if the licensee has been trained in sample collection by the alternative livestock veterinarian. Licensees may only collect samples from animals from CWD certified status herds owned by the licensee.

(i) Training for CWD sample collection will involve the veterinarian supervising the licensee through collection of CWD samples from at least two animals prior to the licensee being allowed to collect samples unsupervised.

(ii) If a licensee collects CWD samples they must submit the currently required tissue samples to an alternative livestock veterinarian along with the animal's ear(s) or cape with ears intact containing official identification tags and tattoo.

(iii) The alternative livestock veterinarian will be responsible for submitting CWD samples to a department-approved laboratory for testing as well as completing an inspection certificate for submission to the department along with the official identification tags removed from the ear(s).

(iv) If a licensee collects a sample that is unsuitable for CWD testing due to poor sample collection technique, the licensee must be re-trained by an alternative livestock veterinarian before being allowed to collect any further CWD samples. If a licensee continues to collect unsuitable samples after re-training the licensee will no longer be able to collect CWD samples and the CWD certified status of their herd may be reduced.

(b) The state veterinarian may, at his discretion, grant a waiver to tissue sample and/or specimen submission from alternative livestock. The following conditions may be considered:

(i) The licensee's herd is of CWD monitored herd status level I or greater (or the equivalent thereof), as required by ARM 32.4.1303, and the animal has not had contact with animals of lesser status.

(ii) The animal for which a waiver is requested must have resided on the licensee's alternative livestock farm for 12 months or have resided in the herd from which it is transported for a period of 12 months.

(iii) The licensee must be in compliance with all requirements of Title 87, chapter 4, part 4, MCA and rules promulgated pursuant to this part.

(iv) The licensed alternative livestock farm must have no documented cases of ingress of wild cervids or egress of alternative livestock within the 18-month period immediately preceding the request for a waiver. If it is determined by the state veterinarian there has been no compromise in the surveillance status of the herd, this criteria may be waived in the application for a waiver to CWD surveillance.

(v) There have been no breaches in perimeter fence integrity that may have compromised the CWD surveillance status on the alternative livestock herd.

(c) The state veterinarian may grant a waiver with stipulations that may include, but is not limited to, additional whole herd inspections. A waiver from CWD surveillance does not exempt the licensee from any other requirements for inspection or testing of alternative livestock.

(d) The state veterinarian may not grant a waiver to the mandatory surveillance required in this rule for an entire herd or for a cervid from a herd that has been identified as a CWD affected, exposed or trace herd.

(e) The licensee is responsible for all costs incurred for the examination of alternative livestock farm cervids, the inspection services, the collection and submission of tissue sample and/or specimens, and the laboratory diagnostic costs.

(6) Failure to comply with the requirements of this rule may result in the following:

(a) A requirement to replace missed or poor-quality samples with testable post-mortem samples from an equal number of animals of the same sex and species as the missed samples.

(b) The monitored status of the herd may be reclassified to "suspended" or reduced.

(c) The cervid herd may be placed under a hold order.

(d) The department may consider failure to comply with this rule as a violation of 87-4-427, MCA.

(7) Any person having knowledge that an alternative livestock farm cervid has been diagnosed as affected with CWD or exposed to CWD must report that knowledge to the department as required by ARM 32.4.1001.

History

• Authorizing statute(s): 81-2-103, 81-2-104, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2013 MAR p. 2308, Eff. 12/13/13; AMD, 2017 MAR p. 1661, Eff. 9/23/17; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.1303 Alternative Livestock Monitored Herd Status for Chronic Wasting Disease

(1) The alternative livestock cervid herd shall be assigned a monitored herd status by the department at the conclusion of each year of mandatory CWD surveillance as follows:

(a) "CWD monitored, status unknown" is the status of a herd prior to completion of the initial year of surveillance or the status of a herd that fails to meet the mandatory surveillance requirements in ARM 32.4.1302.

(b) The "CWD monitored herd status," levels I through V are designations that correspond with the number of years of completed surveillance with no confirmation of CWD in the herd.

(i) Level I is the status of a herd after completion of one year of required surveillance.

(ii) Level II is the status of a herd after completion of two years of required surveillance.

(iii) Level III is the status of a herd after completion of three years of required surveillance.

(iv) Level IV is the status of a herd after completion of four years of required surveillance.

(v) Level V is the status of a herd after completion of five years of required surveillance. For those enrolled in the voluntary federal CWD herd certification plan, one year from the date a herd is placed in Level 5 status, the herd status will be changed to Certified, and will remain in Certified status as long as it is enrolled in the program, provided its status is not lost, suspended, or reduced in accordance with these rules.

(c) "Suspended" is the status of a herd that has been identified as a CWD affected, exposed, trace herd or does not comply with ARM 32.4.1302.

History

• Authorizing statute(s): 81-2-103, 81-2-104, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.1304 Changes in Monitored Herd Status Following Cervid Additions to an Alternative Livestock Farm Herd

(1) Additions to a cervid herd (interstate and intrastate) may alter the monitored herd status of the recipient herd as follows:

(a) If the added cervid is from a CWD monitored herd status equal to or greater than the recipient herd, the CWD monitored herd status of the recipient herd will remain the same.

(b) If the added cervid is from a herd with a CWD monitored herd status less than the recipient herd, the CWD monitored herd status of the recipient herd will be reduced to the status of the lowest status cervid added.

(c) A newly assembled herd, on premises where CWD has never been diagnosed, retains the CWD monitored herd status of the cervids purchased. If cervids are from different monitored status herds, the newly assembled herd has the CWD monitored herd status of the lowest status animal.

History

• Authorizing statute(s): 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.4.1309 Import Requirements for Cervids

(1) All imported cervids, including wild cervids, alternative livestock farm and publicly or privately owned captive animals, must meet the import requirements of ARM Title 32, chapter 3, subchapter 2, Title 81, chapter 2, part 7, MCA, ARM 32.4.601, and any other rules or orders issued by the department under the authority of 81-2-103, MCA, as well those of 9 CFR 55 and 81.

(2) The department may allow importation of cervids from other states or provinces if the following criteria are met:

(a) The animal has sufficient identification to enhance trace back capabilities.

(b) The animal has resided in the exporting herd for a minimum of 12 months immediately prior to importation or a satisfactory, complete animal movement history from herd of origin is provided to the department prior to importation into Montana.

(c) The exporting herd has participated in a CWD surveillance program that meets the department's requirements for a minimum of 60 months prior to importation into Montana.

(3) The state veterinarian may deny importation from states that do not meet the following requirements:

(a) The state of origin must have the legal means of control and/or disposition of CWD affected, exposed or trace herds;

(b) the state of origin must have the power and authority to quarantine CWD affected, exposed or trace herds; and

(c) if CWD has been confirmed in any herds within the state of origin, the state veterinarian of that state must have completed an epidemiological investigation and identified all CWD affected, exposed or trace herds.

(4) Documentation fulfilling the requirements of (1), (2) and (3) must be provided to the department at the time of application for an import permit.

History

• Authorizing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-102, 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 p. 2974, Eff. 12/24/10; AMD, 2013 MAR p. 414, Eff. 3/29/13; AMD, 2020 MAR p. 905, Eff. 5/16/20.

Mont. Admin. R. 32.4.1310 Diagnostic Procedures for Cwd

(1) Tests for CWD must be conducted at a department approved laboratory.

(2) The tissue samples and/or specimens required under ARM 32.4.1302 shall be determined by the state veterinarian.

(3) The state veterinarian may approve new technology and test protocols for the detection of CWD as they are validated.

History

• Authorizing statute(s): Sec. 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99.

Mont. Admin. R. 32.4.1311 Management of Alternative Livestock Cervid Herds Identified as Cwd Trace Herds

(1) The requirements for the disposition of alternative livestock farm cervid CWD trace herds is as follows:

(a) The licensee must comply with CWD surveillance of the herd as outlined in ARM 32.4.1302.

(b) The licensee shall present the entire herd for inspection and inventory within 30 days of notification by the state veterinarian.

(c) The state veterinarian or his designee shall complete an epidemiological investigation of the herd.

(d) The state veterinarian shall identify high-risk animals within the herd.

(i) The entire herd shall be placed under quarantine for a period of five years from the last exposure to a CWD positive animal.

(ii) High-risk animals shall be restricted from contact with other animals in the herd.

(iii) The licensee may sacrifice all high-risk animals and submit tissue samples or specimens from each CWD test eligible animal in accordance to ARM 32.4.1302. If all high-risk animals are sacrificed and no CWD positive animal is identified, the quarantine of the remaining animals will be reviewed for release.

(e) The licensee shall meet with the state veterinarian and develop a herd plan within 30 days of the herd inventory and inspection date as required under (1)(b).

(f) The CWD monitored herd status will be designated as "CWD monitored, status pending" until the quarantine is released.

History

• Authorizing statute(s): 81-2-103, 81-2-104, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.1312 Management of Alternative Livestock Cervid Herds with at Least One Animal Diagnosed with Cwd and with Low Probability of Cwd Transmission

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; REP, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.1313 Management of Cwd Positive Alternative Livestock Cervid Herds

(1) Disposition of cervid herds with a CWD confirmed diagnosis is as follows:

(a) Complete depopulation and post-mortem testing of the herd; or

(b) The entire herd shall be placed under quarantine for a period of five years since the last CWD positive case.

(i) The licensee must comply with CWD surveillance of the herd as outlined in ARM 32.4.1302.

(ii) The licensee shall meet with the state veterinarian and develop a herd plan within 30 days of the detection of CWD in the herd.

History

• Authorizing statute(s): 81-2-103, 81-2-104, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10; AMD, 2019 MAR p. 2380, Eff. 12/28/19.

Mont. Admin. R. 32.4.1319 Enhancement of Trace Back and Observation Capabilities

(1) All high-risk animals shall be identified with a unique, easily read identification tag provided by the department. This identification may be in addition to the alternative livestock identification required in 87-4-414, MCA and subsequent rules.

(2) The state veterinarian may require a unique, individual tattoo to be placed on high-risk or quarantined animals, in addition to the herd tattoo required in 87-4-414, MCA and ARM 32.4.201.

History

• Authorizing statute(s): 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.4.1320 Requirements for Captive Cervidae, Owned by or in the Possession of Zoos, Individuals, or Other Public Facilities Not Licensed as Alternative Livestock Farms

(1) The owner or manager of a public or privately owned zoo or confinement facility not licensed as a alternative livestock farm must comply with the requirements of ARM 32.4.1302 and ARM 32.4.1309.

History

• Authorizing statute(s): 81-2-103, 87-4-422, MCA
• Implementing statute(s): 81-2-103, 87-4-422, MCA
• History: NEW, 1999 MAR p. 652, Eff. 4/9/99; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Chapter 32.5 Laboratory Activities

Subchapter 32.5.1 Laboratory Services

Mont. Admin. R. 32.5.101 Definitions

(1) "Livestock" means cattle, horses, mules, asses, sheep, llamas, alpacas, domestic bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in 87-4-406, MCA, and other animals for purposes of disease prevention, control and eradication.

(2) "Out-of-state livestock" means livestock not subject to the special levies funding the department of livestock because of not being domiciled in the state on tax assessment dates;

(3) "Laboratory" means the Montana Department of Livestock Veterinary Diagnostic Laboratory at Bozeman.

(4) "Specimen" means any portion, or all, of an animal, or any of its waste products or by-products submitted to the laboratory for test or other procedures.

(5) "Procedure" means any form of laboratory testing including, but not limited to, the disciplines of pathology, bacteriology, clinical pathology, virology, serology, and milk analysis.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, EMERG, Eff. 8/4/75; AMD, 1977 MAR p. 659, Eff. 12/24/77; AMD, 2000 MAR p. 3412, Eff. 12/8/00; AMD, 2011 MAR p. 2541, Eff. 11/26/11.

Mont. Admin. R. 32.5.102 Laboratory Procedures and Fees

(1) Information concerning procedures able to be performed and fees for laboratory services may be obtained by writing the laboratory at PO Box 997, Bozeman, MT, 59771-0997, or calling (406) 994-4885.

(2) Fees will be charged for procedures performed on livestock specimens which are requested in order to qualify the livestock for show, sale, shipment across state or international lines, artificial insemination purposes, or for procedures which are within the capability of the submitting veterinarian to perform in his/her own facilities.

(3) Fees will be charged for procedures performed on livestock specimens which are submitted because of known or suspected exposure to disease or to obtain laboratory data to aid in disease diagnosis of specific animals, except when those procedures are necessitated by an imminent concern for public health, as determined by the state veterinarian or the administrator of the laboratory, or their respective designees.

(4) Fees will be charged for procedures performed on non-animal materials when such are submitted to aid in disease diagnosis involving specific livestock, except when those procedures are necessitated by an imminent concern for public health, as determined by the state veterinarian or the administrator of the laboratory, or their respective designees.

(5) Fees will be charged for procedures performed on specimens from non-livestock animals except when those procedures are necessitated by an imminent concern for public health, as determined by the state veterinarian or the administrator of the laboratory, or their respective designee.

(6) Fees for procedures performed on specimens submitted from out of state may be higher than those for procedures performed on the same specimens coming from livestock or other animals within the state.

(7) Fees will not be charged for procedures performed on additional or supplemental specimens requested by the laboratory to confirm or verify procedure(s) results on a previously submitted specimen, or to establish baseline data for a procedure. However, fees will be charged for additional or supplemental specimens that are requested or required by the laboratory or state veterinarian to determine absence or presence of disease in a herd, or for other similar regulatory reasons.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: NEW, 1980 MAR p. 1083, Eff. 3/28/80; AMD, 2000 MAR p. 3412, Eff. 12/8/00.

Mont. Admin. R. 32.5.103 Submission of Specimens

(1) Specimens submitted for testing must be packaged and shipped in leak-proof containers in such a manner as will insure their arrival at the laboratory in a testworthy condition, and must be accompanied by department approved forms describing the procedures needed. Upon request the laboratory will provide instructions for proper shipment. An accession charge will be imposed on specimens unsuitable for testing due to the negligence of the person submitting them.

(2) All specimens sent to the laboratory must have shipping costs or postage pre-paid. The laboratory will not accept "collect-on-delivery" shipments.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, EMERG, Eff. 8/4/75; AMD, 2000 MAR p. 3412, Eff. 12/8/00.

Mont. Admin. R. 32.5.104 Payment of Fees

(1) All Montana deputy state veterinarians submitting specimens which require a fee will be billed once a month by the department. Payment is to be remitted to: Department of Livestock, 301 N. Roberts St., PO Box 202001, Helena, MT, 59620-2001 and will be past due if not mailed within 45 days after the bill is received. Past due accounts will be subject to a $2.00 late charge per month.

(2) All other persons submitting fee basis specimens must either send payment before or with the specimens, or, obtain prior approval from the laboratory to submit specimens without prepayment, in which case they may be billed as are deputy state veterinarians.

(3) Failure to pay bills within 90 days after they have been received may result in either suspension of laboratory use privileges for fee basis procedures, institution of any/all collection activities allowed by law, or both.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: NEW, EMERG, Eff. 8/4/75; AMD, 2000 MAR p. 3412, Eff. 12/8/00.

Mont. Admin. R. 32.5.105 Temporary Fees

(1) From time to time, the laboratory may make other procedures available to veterinarians and others as it deems appropriate in light of its duties and responsibilities and those of the department. When it does so, it will also establish a temporary fee for such procedures based on costs and/or cost comparisons. Those temporary fees will become lawful and remain so until the next regular meeting of the board of livestock, at which time they must be reviewed and approved or adjusted by the board for inclusion among the fees listed in ARM 32.2.403.

History

• Authorizing statute(s): Sec. 81­-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: NEW, 2000 MAR p. 3412, Eff. 12/8/00.

Subchapter 32.5.2 Official Samples

Mont. Admin. R. 32.5.201 Official Samples

(1) Sealing and forwarding official samples to the department of livestock diagnostic laboratory:

(a) All official samples of milk, milk-food products, meat or meat-food products, or any livestock feed, poisoned food or stomach contents where legal action may be taken, must be sealed at the time the sample is obtained with a Montana department of livestock, animal health division seal or other acceptable seal.

(b) The seal shall designate the name of the producer of the product or the owner of the material from which the sample was obtained together with the time and place of obtaining the same and the name of the inspector obtaining the sample.

(c) The seal may not be broken until the sample arrives at the Montana department of livestock diagnostic laboratory.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.5.202 Payment for Samples

(1) When samples of milk, cream, or milk products, meat, meat-food products or other salable products are obtained in accordance with provisions contained in section 81-2-102 MCA, or department of livestock, animal health division rules, the agent obtaining such samples may pay for them at full market value when requested to do so by the owner of the product. A receipt must be obtained for such payments.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.5.203 Ex Officio Representatives

(1) All official representatives of the Montana department of health and environmental sciences or the Montana department of agriculture or the Montana board of milk control and all duly appointed health officers or milk or meat inspectors of the various municipalities and counties in the state of Montana are ex officio duly authorized representatives to obtain samples of any meat, meat-food product, milk, cream, or any dairy product for analysis by the department of livestock, animal health division, diagnostic laboratory.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72.

Chapter 32.6 Animal Feeding, Slaughter, and Disposal

Subchapter 32.6.1 Animal Foods

Mont. Admin. R. 32.6.101 Animal Food - General Requirements

(1) All prepared or manufactured animal or poultry foods shipped into the state of Montana for sale or distribution, or manufactured within the state of Montana for sale or distribution, for animal or poultry consumption must be pure and unadulterated, and may not contain any substance which when added to a prepared or manufactured food is deleterious to the animal or poultry. All such foods must be prepared or manufactured in accordance with the regulations promulgated by the U.S. department of agriculture.

(2) All prepared or manufactured animal or poultry feeds must be shipped in new sacks or containers, or in previously used sacks or containers provided such previously used sacks or containers have been cleaned and sterilized.

History

• Authorizing statute(s): Secs. 81-2-102, 81-20-101 MCA
• Implementing statute(s): Secs. 81-2-102, 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.102 Bone Meal

(1) All bone meal shipped into the state of Montana for sale or distribution for animal or poultry consumption must be sterilized before it is sold, distributed or given away within the state of Montana.

(2) All bone meal processed within the state of Montana must be sterilized before it is sold, distributed or given away within the state of Montana, unless a special permit in writing is first secured from the Montana department of livestock, animal health division to dispense with such sterilization. Exemption permits may be granted only when the bones are certified as being from Montana animals and originate in a district where anthrax or any other dangerous disease is not known to exist or to have existed.

History

• Authorizing statute(s): Secs. 81-2-102, 81-20-101 MCA
• Implementing statute(s): Secs. 81-2-102, 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.103 Dairy Milk Animal Foods

(1) No milk or skim milk shipped to any milk plant or creamery may be returned or shipped to any farm or premise for the purpose of feeding animals or poultry until that milk or skim milk has been pasteurized or sterilized in a manner approved by the Montana department of livestock, animal health division.

(2) No milk cans or containers that have been used to ship milk or cream or dairy products to any milk plant or creamery may be returned or shipped to any farm or premises until those cans or containers have been cleaned and sterilized in a manner approved by the Montana department of livestock, animal health division.

History

• Authorizing statute(s): Secs. 81-2-102, 81-20-101 MCA
• Implementing statute(s): Secs. 81-2-102, 81-20-101 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.104 Ruminant Feeds for Livestock Prohibition

(1) Animal protein derived from mammalian tissues shall be prohibited in ruminant feeds in Montana.

(2) "Protein derived from mammalian tissues" means any protein containing portions of mammalian animals, excluding:

(a) blood and blood products;

(b) gelatin;

(c) inspected meat products which have been cooked and offered for human food and further heat processed for feed (such as plate waste and used cellulosic food casings) ;

(d) milk products (milk and milk proteins) ; and

(e) any product whose only mammalian protein consists entirely of porcine or equine protein.

(3) "Ruminant" includes any member of the order of animals which has a stomach in four chambers (rumen, reticulum, omasum, and abomasum) through which feed passes in digestion. The prohibition includes, but is not limited to, cattle, buffalo, sheep, goats, deer, elk, and antelopes.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: NEW, 2001 MAR p. 1336, Eff. 7/20/01.

Subchapter 32.6.2 Garbage Feeding

Mont. Admin. R. 32.6.201 Application for Garbage Feeder's License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-504 MCA
• Implementing statute(s): 81-2-502 MCA
• History: Eff. 12/31/72; REP, 2023 MAR p. 1756, Eff. 12/9/23.

Mont. Admin. R. 32.6.202 Sanitary Construction of Vehicles, Containers and Facilities Used in Movement and Processing of Garbage for Feeding

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-504 MCA
• Implementing statute(s): 81-2-504 MCA
• History: Eff. 12/31/72; REP, 2023 MAR p. 1756, Eff. 12/9/23.

Mont. Admin. R. 32.6.203 Cooking Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-504 MCA
• Implementing statute(s): 81-2-504, 81-2-505, 81-2-509 MCA
• History: Eff. 12/31/72; REP, 2023 MAR p. 1756, Eff. 12/9/23.

Mont. Admin. R. 32.6.204 Feeding Areas Separate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-504 MCA
• Implementing statute(s): 81-2-504 MCA
• History: Eff. 12/31/72; REP, 2023 MAR p. 1756, Eff. 12/9/23.

Mont. Admin. R. 32.6.205 Records Kept - Availability for Inspection

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-504 MCA
• Implementing statute(s): 81-2-505 MCA
• History: Eff. 12/31/72; REP, 2023 MAR p. 1756, Eff. 12/9/23.

Mont. Admin. R. 32.6.206 Disposal of Garbage Fed Animals - Inspection Before Sale

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-504 MCA
• Implementing statute(s): 81-2-504, 81-2-505, MCA
• History: Eff. 12/31/72; REP, 2023 MAR p. 1756, Eff. 12/9/23.

Subchapter 32.6.6 Official Slaughterhouse, Meat Packing House, and Meat Depot Inspections

Mont. Admin. R. 32.6.601 Authorization to Score Sanitary Conditions

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Subchapter 32.6.7 Slaughterhouses, Meat Packing Houses, Meat Depots, and Mobile Slaughter Facilities

Mont. Admin. R. 32.6.701 Definitions

In subchapter 7:

(1) "Meat depot" means a facility where meat or poultry, meat or poultry food products, or meat or poultry by-products, capable for use as human food and intended for sale, are stored.

(2) "Packing house" means an establishment where meat or poultry, meat or poultry food products, or meat or poultry by-products, capable for use as human food, are prepared or processed.

(3) "Slaughterhouse" means an establishment where animals are butchered for human consumption.

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; AMD, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.702 License Application Process

(1) Any person that wants to operate a slaughterhouse, packing house, mobile slaughter facility, or meat depot business must apply for a license with the department.

(2) A meat depot license is not required for anyone licensed and inspected by a local public health authority.

(3) Complete drawings and specifications for both new and remodeled establishments must be submitted to and approved by the department prior to construction.

(4) No license may be granted until a representative of the department has:

(a) inspected the proposed premises; and

(b) provided the applicant with applicable sanitation requirements.

(5) Establishments operating under a grant of inspection from the United States Department of Agriculture’s Food Safety and Inspection Service are not required to obtain a license from the department.

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-201, 81-9-217, 81-9-219, 81-9-220, 81-9-226, 81-9-227, 81-9-228, 81-9-229, 81-9-230, 81-9-231, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; AMD, 2020 MAR p. 329, Eff. 2/15/20; AMD, 2026 MAR, Notice No. 2026-37, Eff. 5/23/26.

Mont. Admin. R. 32.6.703 Sanitary Condition Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.704 Sanitary Facilities and Accommodations: Specific Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.705 Equipment to Be Easily Cleaned; Inedible Products Equipment to Be Marked

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.706 Scabbards for Knives

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.707 Rooms, Compartments, Etc., to Be Clean and Sanitary

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.708 Operations, Procedures, Rooms, Clothing, Utensils, Etc., to Be Clean and Sanitary

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.709 Inedible Operating and Storage Rooms: Outer Premises, Docks, Driveways, Approaches: Pens, Alleys, Etc., Fly Breeding Material: Nuisances

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.710 Employment of Diseased Persons

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-2-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.711 Disposal of Offal, Paunch Contents, and Other Viscera

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.712 Food Safety and Inspection Service (meat, Poultry)

(1) The Department of Livestock incorporates by reference:

(a) 9 CFR 300.1 through 9 CFR 321.3;

(b) 9 CFR 325 through 9 CFR 325.21;

(c) 9 CFR 329.1 through 9 CFR 329.9;

(d) 9 CFR 352 through 9 CFR 362.5;

(e) 9 CFR 381.1 through 9 CFR 381.103;

(f) 9 CFR 381.190;

(g) 9 CFR 381.194;

(h) 9 CFR 381.115 through 9 CFR 381.182;

(i) 9 CFR 381.210 through 9 CFR 381.218;

(j) 9 CFR 381.300 through 9 CFR 381.524; and

(k) 9 CFR 416.1 through 9 CFR 500.8.

(2) These regulations set forth the federal rules on meat and poultry inspection with the following exceptions and clarifications thereto:

(a) Any reference to the "U.S. Department of Agriculture" will mean the "Montana Department of Livestock."

(b) Any reference to "U.S. inspected and passed" will mean "Montana inspected and passed."

(c) Any reference to "U.S. passed for cooking" will mean "Montana passed for cooking."

(d) Any reference to "U.S. passed for refrigeration" will mean "Montana passed for refrigeration."

(e) Any reference to "U.S. inspected and condemned" will mean "Montana inspected and condemned."

(f) Any reference to "U.S. retained" will mean "Montana retained."

(g) Any reference to "U.S. suspect" will mean "Montana suspect."

(h) Any reference to "U.S. condemned" will mean "Montana condemned."

(i) Any reference to "regional director" will mean the official in charge of the program within a particular region.

(j) Any reference to "U.S.D.A. food inspector" will mean "Montana meat inspector."

(k) Any reference to "U.S.D.A. approval for export" will mean "Montana approval for export."

(l) Any reference to "U.S.D.A. letterhead and seal" will mean the "state of Montana letterhead and seal."

(m) Any reference to "U.S. rejected" will mean "Montana rejected."

(n) Any reference to "U.S.D.A. inspection legend" will mean "Montana inspection legend."

(o) Any reference to the "Standards and Labeling Division, Meat and Poultry Inspection Technical Services, in Washington, D.C." will mean the "Montana Department of Livestock."

(p) Any reference to "inspector in charge, Meat and Poultry Inspection Program, Food Safety and Inspection Service, U.S.D.A." will mean "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(q) Any reference to "U.S. government seals" will mean "state of Montana seals."

(r) Any reference to the "Department of Agriculture or divisions thereof in Washington, D.C." will mean "Montana Board of Livestock acting through Montana Department of Livestock" in Helena, Montana.

(s) Any reference to "Compliance Staff, Meat and Poultry Inspection Field Operations, Food Safety and Inspection Service, U.S.D.A., Washington, D.C. 20250" will mean "Chief Inspector in Charge, Meat and Poultry Inspection Program, Montana Department of Livestock, P.O. Box 202001, Helena, Montana 59620-2001."

(t) Any reference to "federally inspected and passed" will mean "Montana inspected and passed."

(u) Any reference to "federal meat inspection" will mean "state meat inspection."

(v) Any reference to "Treasurer of the United States" will mean "Montana Department of Livestock."

(w) Any reference to "general services administration" will mean "Montana Department of Livestock."

(x) Any reference to "secretary" will mean the "Montana Board of Livestock or its delegate."

(y) Any reference to "food safety and inspection service" will mean the "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(z) Any reference to "overtime and holiday inspection service" shall be subject to those provisions set forth by the state of Montana for those individuals deemed to be "public employees."

(aa) Any reference to "hearing clerk of the food safety and inspection service" will mean "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(bb) Any reference to the "U.S. court of appeals for the District of Columbia" will mean "district court of the state of Montana."

(cc) Any reference to "imported into the United States" will mean "imported into the state of Montana."

(dd) Copies of the above are on file with the Department of Livestock and may be reviewed at that office. In addition, copies of each document are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 for a fee by requesting the appropriate rule number(s).

(ee) Any reference to the word "act" will mean the Montana "Meat and Poultry Inspection Act."

(ff) Any reference to the term "administrator" will mean the "chief inspector in charge, Meat and Poultry Inspection Program, Montana Department of Livestock."

(gg) Any reference to the term "program" will mean the Montana "Meat and Poultry Inspection Act."

(hh) Any reference to the term "circuit supervisor" will mean the "meat inspector designated to inspect meat in a particular circuit" or "area."

(ii) Any reference to specific provisions of federal law will mean specific provisions of corresponding laws of the state of Montana.

(3) The Code of Federal Regulations is available for review at the Montana State Law Library, 215 North Sanders in Helena or online at www.ecfr.gov .

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, MCA
• History: NEW, 1988 MAR p. 390, Eff. 2/26/88; AMD, 1989 MAR p. 612, Eff. 5/12/89; AMD, 2001 MAR p. 561, Eff. 3/22/01; AMD, 2004 MAR p. 576, Eff. 3/12/04; AMD, 2008 MAR p. 1590, Eff. 8/1/08; AMD, 2009 MAR p. 1591, Eff. 9/11/09; AMD, 2010 MAR p. 2973, Eff. 12/24/10; AMD, 2014 MAR p. 1275, Eff. 6/13/14; AMD, 2014 MAR p. 2473, Eff. 10/10/14; AMD, 2016 MAR p. 463, Eff. 3/5/16; AMD, 2016 MAR p. 1854, Eff. 10/15/16; AMD, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.713 Meat Depot Requirements

(1) The owners of a meat depot must:

(a) Operate and maintain the facility in a manner sufficient to prevent the creation of insanitary conditions and to ensure that product is not adulterated; this includes but is not limited to:

(i) Construct facilities in such a way to prevent the entrance of vermin, and have in place a pest management program that prevents the harborage and breeding of pests on the grounds and within the facility;

(ii) Control the climate and conditions under which product is stored in a manner appropriate for each type of product;

(iii) Store product in a secure manner that prevents unauthorized access to or tampering with product;

(iv) Keep facilities clean and in good repair;

(b) Store only meat and poultry products which are marked "inspected and passed" either by the state of Montana or the United States Department of Agriculture, Food Safety Inspection Service.

(c) Locate the meat depot so that it is accessible for inspection without entry into a private residence.

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-201, 81-9-217, 81-9-219, 81-9-220, 81-9-226, 81-9-227, 81-9-229, 81-9-231, 81-20-101, MCA
• History: NEW, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.714 Restroom Facilities

(1) Operations required to provide dressing rooms, lavatories, or toilets must provide such facilities dedicated to the business and not located in a private residence, except:

(a) All operations with an active license as of January 1, 2020 are allowed to continue to operate with existing dressing rooms, lavatories, or toilets.

(2) To preserve the exception in (1)(a), an eligible license must be renewed annually with no change in ownership and no substantive modification of the existing facilities.

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, MCA
• History: NEW, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.715 Label Review

(1) Except as set forth in (2), the label for a single ingredient product produced in an establishment under state inspection may be used on that product without prior review from the department.

(2) The label for either a single ingredient product bearing special statements and claims as defined in (3) or a multiple ingredient product produced in an establishment under state inspection may not be used on that product unless the establishment has submitted the label for review and the label has been accepted by the department.

(3) Special statements and claims are statements, claims, logos, trademarks, and other symbols on labels. Special statements and claims include, but are not limited to, the following:

(a) Those not defined in the U.S. Department of Agriculture Food Safety and Inspection Service’s regulations or Food Standards and Labeling Policy Book. The Code of Federal Regulations is available for review online at www.ecfr.gov, and the Food Standards and Labeling Policy Book is available for review online at www.fsis.usda.gov/sites/default/files/import/Labeling-Policy-Book.pdf. A copy of both documents may be obtained from the department at 301 North Roberts Street, P.O. Box 202001, Helena, Montana 59620-2001;

(b) “Natural” claims, regardless of whether they are defined in the Food Standards and Labeling Policy Book; and

(c) Health claims (including graphic representations of hearts), ingredient and processing method claims (e.g., breed, high-pressure processing), structure-function claims, claims regarding the raising of animals (e.g., “no antibiotics administered,” “grass fed”), organic claims, and instructional or disclaimer statements concerning pathogens (e.g., “for cooking only,” “not tested for E. coli O157:57”).

(4) Requests for label review must be submitted on a department-approved label application form containing all required information.

(5) Establishments must maintain a copy of all labels used on products that bear the state mark of inspection.

(6) The department may grant temporary approval for the use of a label that does not meet all regulatory requirements provided the following conditions are met:

(a) The proposed label would not misrepresent the product.

(b) The use of the label would not present any potential health, safety, or dietary problems to the consumer.

(c) Denial of temporary approval would create undue economic hardship.

(d) Temporary approval would not result in an unfair competitive advantage.

(7) Temporary approval under (6) shall not exceed 180 calendar days, provided, however, that the department may extend the temporary approval period when the applicant demonstrates that new circumstances have developed since the original temporary approval was granted and that all the requirements of (6) are met.

(8) The department's acceptance of a label is valid for three years from the date the acceptance was issued unless the department provides a shorter time period in its acceptance. Establishments must resubmit labels for renewal after the acceptance period has expired.

(9) During the acceptance period, the establishment producing the label must ensure that the label is updated to meet all regulatory requirements following changes to the product formulation, processing procedures, regulation, or other events that may render the label noncompliant with applicable regulations.

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-9-220, 81-9-226, 81-9-228, 81-9-234, MCA
• History: NEW, 2020 MAR p. 1841, Eff. 10/10/20; AMD, 2025 MAR, Notice No. 2025-302, Eff. 9/27/25.

Mont. Admin. R. 32.6.716 Recalls

(1) A recall is an establishment's voluntary action to remove product from commerce to protect the public from consuming adulterated or misbranded products.

(2) Each establishment inspected by the department must have a recall plan that will be implemented whenever the establishment suspects that it has produced and put into commerce adulterated or misbranded product.

(3) Recalls are initiated by the manufacturer or distributor of the meat or poultry. These establishments must notify the department within 24 hours of the establishment's decision to conduct a recall.

(4) The department will coordinate with the establishment initiating the recall to ensure the product has been properly identified and removed from commerce.

(5) If the department has reason to believe adulterated or misbranded product has entered commerce and no recall has been initiated, or if an establishment requests assistance determining whether a recall is necessary, the department will:

(a) conduct a preliminary investigation, which may include some or all of the following steps:

(i) contacting the manufacturer of the food for more information;

(ii) interviewing consumers who allegedly became ill or injured from eating the suspect food;

(iii) collecting and analyzing food samples;

(iv) collecting and verifying information about the suspected food;

(v) discussing the situation with departmental field inspection and compliance personnel;

(vi) contacting State and local health departments; and

(vii) documenting a chronology of events; and

(b) convene a recall committee using the following process:

(i) the recall committee will review available information and make a consensus recommendation about the need for a recall; and

(ii) the recall committee will consist of five to seven members representing the following types of individuals:

(A) meat science specialist, who may be retained from an appropriate entity outside of the department;

(B) microbiologist, who may be retained from an appropriate entity outside of the department;

(C) Board of Livestock member or the department's executive officer;

(D) The department's Animal Health and Food Safety Division administrator or chief meat inspector; and

(E) Meat and Poultry Inspection Bureau enforcement, investigations, and analysis officer or equivalent; and

(iii) if the recall committee recommends a product recall, the committee will prepare a report to be sent to the establishment confirming the evaluation of the hazard, the scope of the recall, the area of distribution, and the department's understanding of the establishment's recall strategy.

(6) After the committee recommends a recall, the establishment has 48 hours to declare its intent to accept or deny the recommendation in writing to the department's chief meat inspector.

(7) If an establishment refuses to recall a product following the recommendation of the committee, the department may notify the public of the refusal to conduct a recall and may detain or retain affected products.

(8) The department will notify the public of any recall or detention of state inspected meat and poultry food products and conduct effectiveness checks.

(9) If a recall is not recommended because no affected products remain in commerce but a potential health risk to consumers exists from products that may still be in the consumers' possession, or from products which are unaccounted for, the department may notify the public of that risk through a public health alert.

(10) All public notifications from the department concerning recalled products, products that an establishment chooses not to recall, and products that are not subject to recall but that may pose a potential health risk will include the name of the producing establishment, the official establishment number, the name of the product, and any other available identifying information such as lot numbers, production dates, or use-by dates.

History

• Authorizing statute(s): 81-2-102, 81-9-220, MCA
• Implementing statute(s): 81-9-220, 81-9-226, 81-9-234, MCA
• History: NEW, 2020 MAR p. 2145, Eff. 11/21/20.

Subchapter 32.6.8 Sanitary Requirements for Poultry Slaughterhouses, Poultry Meat Packing Houses, and Poultry Meat Depots

Mont. Admin. R. 32.6.801 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-20-101, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.802 Application; Inspection of Plans and Facilities Prior to Issuance of License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-20-102, 81-9-220, 81-9-201, 81-9-217, 81-9-219, 81-9-220, 81-9-226, 81-9-227, 81-9-228, 81-9-229, 81-9-230, 81-9-231, MCA
• Implementing statute(s): 81-2-102, 81-20-101, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.803 Establishment or Facility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.804 Rooms and Compartments

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-20-101, 81-9-220, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.805 Floors, Walls, Ceilings, Etc

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.806 Blood Disposal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.807 Draining and Plumbing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.808 Water Supply

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.809 Lavatory Accommodations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.810 Lighting and Ventilation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.811 Equipment and Utensils

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.812 Restriction on Use of Equipment and Utensils

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.813 Accessibility for Cleaning

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.814 Cleaning Rooms and Compartments

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Mont. Admin. R. 32.6.815 Cleaning of Equipment and Utensils

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-2-102, 81-9-220, 81-20-101, MCA
• Implementing statute(s): 81-2-102, 81-9-217, 81-9-220, 81-9-233, MCA
• History: Eff. 12/31/72; AMD, 2006 MAR p. 1283, Eff. 5/19/06; REP, 2020 MAR p. 329, Eff. 2/15/20.

Subchapter 32.6.9 Horse Meat and Horse Meat Food Products

Mont. Admin. R. 32.6.901 Horses Slaughtered in Separate Establishments

(1) The slaughter of horses and the preparation and handling of horse meat and horse meat food products must be conducted in establishments separate and apart from any establishment in which cattle, swine, goats, or other animals are slaughtered or their meat or meat food products are prepared or handled.

(2) All provisions of sub-chapter 6 and 7 of this chapter are applicable to horse slaughterhouses, horse meat packing houses, or horse meat depots.

History

• Authorizing statute(s): Secs. 81-2-102, MCA
• Implementing statute(s): Secs. 81-2-102, MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.902 When Horses to Be Condemned

(1) All horses found upon either ante-mortem or post-mortem inspection to be affected with strangles, purapura hemorrhagica, azoturia, infectious equine encephalomyelitis, toxic encephalomyelitis (forage poisoning) , infectious anemia (swamp fever) , dourine, acute influenza, generalized osteoporosis, glanders, farcy or other malignant disorder, acute inflammatory lameness or extensive fistula, must be condemned.

(2) Any horse which is suspected on ante-mortem inspection of being infected with glanders or dourine must be held for further examination or for such tests as the department may prescribe.

History

• Authorizing statute(s): Secs. 81-2-102, MCA
• Implementing statute(s): Secs. 81-2-102, MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.903 Labeling Requirements

(1) All horse carcasses, parts of carcasses, horse meat or horse meat food products must be conspicuously labeled, marked, branded, or tagged "Horse Meat" or "Horse Meat Product". Only green ink may be used in branding horse meat and horse meat food products with the mark of inspection.

(2) The domestic meat label for horse meat or horse meat food products must be printed on paper, light green in color. The legend composing the body of each label must contain the following phrase: "Domestic Horse Meat" or "Horse Meat Food Product".

History

• Authorizing statute(s): Secs. 81-2-102, MCA
• Implementing statute(s): Secs. 81-2-102, MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.904 Application of Usda Regulations

(1) Any regulation or order adopted by the U.S. department of agriculture, animal and plant health service, veterinary services, governing the slaughter of horses or the preparation,

(2) All provisions of the meat inspection regulations of the U.S. department of agriculture, animal and plant health service, veterinary services, unless specifically inapplicable, are made applicable to the inspection and handling of horse meat and horse meat food products, and the animals from which they are derived.

handling or use of horse meat food products automatically becomes the rules of the Montana department of livestock, animal health division.

History

• Authorizing statute(s): Secs. 81-2-102, MCA
• Implementing statute(s): Secs. 81-2-102, MCA
• History: Eff. 12/31/72.

Subchapter 32.6.11 Rendering Plants; Vehicles and Equipment

Mont. Admin. R. 32.6.1101 Construction and Maintenance

(1) The walls and floors must be constructed of concrete or other impervious material.

(2) The floors must be equipped with adequate drains.

(3) All buildings must be vermin and rodent proof.

(4) No liquid waste, either from the rendering processes or from washing, may be discharged into any stream or water place, or upon the surface of the ground, nor may liquid waste be discharged in any manner which will contaminate any water supply, or make it unfit for human or livestock consumption. All sewage from washing floors, washing vehicles and liquid waste from rendering processes must be disposed of in a manner satisfactory to the Montana department of livestock, animal health division and the Montana department of health and environmental sciences.

(5) All unloading places or chutes used by a rendering plant or disposal plant must be on floors which are of concrete or other impervious material which can be easily cleaned and disinfected.

(6) All buildings used as collection stations must be constructed with floors and walls or concrete or other impervious material, equipped with adequate drains, adequate washing and disinfecting equipment, and constructed so as to be vermin and rodent proof. If bodies, or parts of bodies, of dead animals are to be stored for more than 48 hours, adequate refrigeration must be provided. Collection stations must be maintained the same as rendering or disposal plants.

(7) Floors and walls must be thoroughly scrubbed and flushed with water having a temperature of at least 170°F. following each day's operation.

(8) The buildings and surroundings must be maintained in a sanitary condition at all times.

(9) Flies must be kept under control at all times.

(10) A rendering or disposal plant may not be constructed on a site where it would be classified as a nuisance.

History

• Authorizing statute(s): Sec. 81-9-302 MCA
• Implementing statute(s): Sec. 81-9-302 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.1102 Handling of Dead Animals or Fowl

(1) All storing, skinning, and dismembering of bodies, or parts of bodies, of dead animals or fowl must be done within the rendering or disposal plant.

(2) Where bodies, or parts of bodies, of dead animals or fowl are to be rendered, the cooking vats or tanks must be airtight, except for proper escape vents for steam. Escaping steam must be released through a trap, or traps, or otherwise in a manner that causes no public annoyance.

(3) Where bodies, or parts of bodies, of dead animals or fowl are to be converted into tallow and other inedible material, the processing or rendering and cooking must be done in a manner that insures that all material is sterile.

(4) Where bodies, or parts of bodies, of dead animals, or fowl (including viscera contents) are to be disposed of by burning, the burning must be complete. The place where burning is done must be located, constructed and arranged to not interfere with the comfortable enjoyment of life and property of residents of this state.

(5) Where bodies, or parts of bodies, of dead animals or fowl (including viscera contents) are to be disposed of by burying, they must be buried so that no part shall be nearer than 4 feet from the natural surface of the ground. Every part must be covered with quicklime and then 4 feet of earth. The burial pit may not be located near any river, stream, lake, pond, well, or any gulch or draw which is the source of any stream. The burial pit may not drain on any ground which may be flooded by the overflow water of any river, stream, lake or pond.

(6) If disposition of the viscera contents or parts of carcasses is to be made in any manner other than as provided in these rules, the disposition must be approved by the department after written application by the licensed renderer.

History

• Authorizing statute(s): Sec. 81-9-302 MCA
• Implementing statute(s): Sec. 81-9-302 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.6.1103 Vehicles

(1) Conveyances for the transportation of animal carcasses, or parts of animal carcasses, must be provided with an all metal or metal-lined box or tank which is watertight. The box must have a metal or metal-lined endgate constructed so as to fit firmly against the box or tank.

(2) All vehicles must be thoroughly washed with water having a temperature of at least 170°F., and disinfected with an approved disinfectant immediately after unloading at the rendering plant or collection station.

History

• Authorizing statute(s): Sec. 81-9-302 MCA
• Implementing statute(s): Sec. 81-9-302 MCA
• History: Eff. 12/31/72; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

Chapter 32.8 Fluid Milk and Grade a Milk Products

Subchapter 32.8.1 General Rules

Mont. Admin. R. 32.8.101 Definitions and Adoption of Grade a Pasteurized Milk Ordinance and Associated Documents

(1) As used in chapter 8, unless the context otherwise requires, the following definitions shall apply:

(a) "Arabic numerals" are defined as numbers (not spelled out) such as 3/20 or 12/31.

(b) A "day" is defined as any 24-hour period beginning when pasteurization of a unit of milk is completed.

(c) "Milk" is defined as whole milk, reduced fat milk, lowfat milk, fat free milk, artificially flavored milk, whipping cream, half and half and/or any other pasteurized liquid milk product designed to be consumed in the form in which it is packaged, except buttermilk, eggnog, and ultra-pasteurized or aseptic processed milk products.

(d) "Pasteurized date" is the same date a unit of milk completes pasteurization.

(e) A "sell-by" date is defined as the 12th consecutive day, never to exceed 288 hours, following pasteurization of a unit of milk.

(f) "Standard abbreviations" are defined as a date code such as MAR 31, or NOV 12.

(g) A "unit of milk" is a quantity of milk that is pasteurized during one pasteurization processing cycle.

(2) The Department of Livestock adopts and incorporates by reference as rules of the department the following:

(a) "Grade A Pasteurized Milk Ordinance, 2023 Recommendations of the United States Public Health Service/Food and Drug Administration" (PMO) together with attached recommended administrative procedures, appendices, and index, except sections 16 and 17.

(b) "Methods of Making Sanitation Ratings of Milk Supplies," 2023 edition issued by the U.S. Public Health Service/Food and Drug Administration (MMSR).

(c) "Evaluation of Milk Laboratories," 2023 edition (EML).

(d) "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers," 2023 edition.

(3) These model codes and associated documents prescribe allowable methods of producing and processing Grade A milk and milk products and the methods by which compliance with the standards set forth are to be evaluated.

(4) Copies of related federal ordinances and associated documents are on file with the department at 301 North Roberts Street, P.O. Box 202001, Helena, Montana 59620-2001, and are carried by each sanitarian employed by the department.

(5) The rules of this chapter do not apply to "small dairies" as defined in 81-21-101, MCA.

History

• Authorizing statute(s): 81-2-102 MCA
• Implementing statute(s): 2-4-307, 81-2-102, MCA
• History: NEW, 1980 MAR p. 1539, Eff. 7/1/80; AMD, 1999 MAR p. 144, Eff. 1/15/99; AMD, 2000 MAR p. 2985, Eff. 10/27/00; AMD, 2020 MAR p. 592, Eff. 3/28/20; AMD, 2021 MAR p. 1676, Eff. 11/20/21; AMD, Notice No. 2025-19, Eff. 5/10/25.

Mont. Admin. R. 32.8.102 Milk and Milk Products Which May Be Sold

(1) The only milk and milk products which may be sold to the final consumer, to restaurants, soda fountains, grocery stores or similar establishments are:

(a) Grade A pasteurized milk and milk products produced and processed according to the terms of the Pasteurized Milk Ordinance.

(b) Milk products produced and processed in compliance with the terms of Chapter 9 of this title.

(c) In an emergency the sale of pasteurized milk and milk products which have not been graded or the grade of which is unknown may be made when authorized by the department. Milk and milk products sold under this sub-section must be labeled "ungraded".

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: NEW; 1980 MAR p. 1539, Eff. 7/1/80; AMD, 2000 MAR p. 2985, Eff. 10/27/00.

Mont. Admin. R. 32.8.103 Raw Milk May Not Be Sold for Public Consumption

(1) No retail raw milk dairies will be licensed to sell grade A raw milk for public consumption.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-­2-­102 MCA
• History: NEW, 1980 MAR p. 1539, Eff. 7/1/80; AMD, 1996 MAR p. 769, Eff. 3/22/96; AMD, 2000 MAR p. 2985, Eff. 10/27/00.

Mont. Admin. R. 32.8.104 Authorization to Score Sanitary Conditions at Dairies and Milk Plants

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.8.105 Pasteurization Plant Code Numbers

(1) Montana department of livestock regulations require all bottles, cans, packages and other containers enclosing milk or any milk products defined in chapters 8 and 9 to be plainly labeled or marked with the identity of the plant at which the contents were pasteurized.

(2) The identity of the plant is maintained by plainly labeling the container with the name of the milk plant, the name of the city or town and the state in which the plant is located.

(3) Chapters 8 and 9 further provide that the identity of the plant where the milk or milk products were pasteurized may be shown by a code device approved by the board of livestock on the label of the container.

(4) The national conference on interstate milk shipments and its membership have adopted the federal information processing standards (FIPS) numeral code for states to identify plants processing fluid milk fresh milk products and frozen desserts for respective states. The numeral code to identify milk plants in Montana is 30. The national conference on interstate milk shipments recommends that the FIPS numeral code for states be followed by a hyphen and an official code number identifying the milk plants in the state.

(5) The department has assigned official plant code numbers to each licensed pasteurization plant in the state. Copies of the plant code assignments may be obtained by writing the milk and egg bureau, department of livestock, P.O. Box 202001, Helena, MT 59620-2001.

(6) All bottles, cans, packages and other containers enclosing milk or any milk product defined in chapters 8 and 9 shall be plainly labeled with the name of the milk plant in which the milk or milk product was pasteurized, the name of the city or town and state in which the milk plant is located and/or the code number assigned by the department.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: Eff. 12/31/72; AMD, 1977 MAR p. 962, Eff. 11/26/77; AMD, 1980 MAR p. 1539, Eff. 5/30/80.

Subchapter 32.8.2 Milk Freshness Dating

Mont. Admin. R. 32.8.201 Scope of Rules

(1) Employing the definitions in ARM 32.8.101, and in 81-23-101, MCA, these rules apply to milk producers, processors, distributors, wholesalers, and retailers who conduct business in Montana. The rules of this chapter do not apply to "small dairies" as defined in 81-21-101, MCA.

History

• Authorizing statute(s): 81-2-102 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1980 MAR p. 1603, Eff. 7/1/80; AMD, 2000 MAR p. 2985, Eff. 10/27/00; AMD, 2022 MAR p. 158, Eff. 1/29/22.

Mont. Admin. R. 32.8.202 Time from Processing That Fluid Milk May Be Sold for Public Consumption

(1) When 12 days or more have passed following pasteurization of a unit of grade A milk, there will be no quantities of that unit of milk sold as packaged except as provided in (a).

(a) Half pint packages of Grade A milk may be further distributed within an institution after the 12 days has passed, provided the initial purchase occurred pursuant to (1) above. For the purposes of this subsection, an institution means a school, hospital, or similar entity.

(2) No grade A pasteurized milk may be put in any container marked with a sell-by date which is more than 12 days after pasteurization of the milk for sale in Montana.

(3) Unless otherwise agreed upon, the person who offers the milk for sale to the public is responsible for removing the milk at or before the expiration of the 12 days.

History

• Authorizing statute(s): 81-2-102 MCA
• Implementing statute(s): 81-2-102 MCA
• History: NEW, 1980 MAR p. 1603, Eff. 7/1/80; AMD, 1986 MAR p. 50, Eff. 1/17/86; AMD, 1987 MAR p. 698, Eff. 5/29/87; AMD, 2000 MAR p. 2985, Eff. 10/27/00; AMD, 2021 MAR p. 1677, Eff. 11/20/21; AMD, 2023 MAR p. 358, Eff. 4/15/23.

Mont. Admin. R. 32.8.203 Labeling of Milk Containers to Show the Pasteurized Date and Last Day of Legal Sale

(1) Each container into which grade A pasteurized milk is placed for sale for public consumption must be marked with a pasteurized date and a sell-by date.

(a) The sell-by and pasteurized date will be displayed in Arabic numerals or standard abbreviations for day and month, which shows the last day the milk may be sold as required by ARM 32.8.202.

(2) No person, other than the packager of the milk, may mark the package with a pasteurized date and a sell-by date without permission of the department of livestock.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: NEW, 1980 MAR p. 1603, Eff. 7/1/80; AMD, 1987 MAR p. 698, Eff. 5/29/87; AMD, 2000 MAR p. 2985, Eff. 10/27/00.

Mont. Admin. R. 32.8.204 Exemption from Pasteurized Date Labeling Requirement

(1) The Montana correctional enterprises (state prison system) and/or any other licensed grade A processor is exempt from the pasteurized date code requirement as long as they do not sell or in anyway distribute milk to the public.

(2) No pasteurized date is required for containers of milk processed for sale and sold out of state.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR p. 1603, Eff. 7/1/80; AMD, 2000 MAR p. 2985, Eff. 10/27/00.

Mont. Admin. R. 32.8.205 Manner, Positioning, and Size of Labeling

(1) Labels required by ARM 32.8.203 ("Sell-By" date) must be of a color clearly contrasting with the area immediately surrounding the label. The labels may be put on by printing, stamping, or burning, a combination of any of those methods, or by some other method specifically approved in writing by the department.

(2) Labels placed on "pure paks" or similar containers must be located on the top sealing fin. Labels on molded plastic jugs may be placed anywhere on the upper half of the container (or on the printed product label) except the lid. Labels for containers must be at least 1/8 inch in height.

(3) All characters in the labels required by ARM 32.8.203 must be at least 1/8 inch in height.

(4) The "Sell-By" date must be located above any other date code label on molded plastic jugs. Labels placed on "pure paks" or similar containers must have the "Sell-By" date label to the left of any other date code label.

(5) No date code label shall be printed in a font size larger than the font of the label of the "Sell-By" date.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR p. 1603, Eff. 7/1/80; AMD, 2019 MAR p. 448, Eff. 4/27/19.

Mont. Admin. R. 32.8.206 When Milk Offered for Sale Subject to Seizure

(1) Milk offered for sale contrary to the provisions to ARM 32.8.202 or 32.8.203 may be seized and destroyed by agents of the Department of Livestock.

History

• Authorizing statute(s): 81-2-102, MCA
• Implementing statute(s): 81-2-102, MCA
• History: NEW, 1980 MAR p. 1603, Eff. 7/1/80.

Chapter 32.9 General Licensing and Provisions

Subchapter 32.9.1 General Licensing and Provisions

Mont. Admin. R. 32.9.101 Definitions

(1) In this chapter

(a) "Acceptable milk" means milk that qualifies under sub-chapter 2 of this chapter as to sight and odor that is classified number 1 or number 2 for sediment content and number 1 or number 2 for bacterial estimate.

(b) "Probational milk" means milk classified number 3 for sediment content or milk classified "undergrade" for bacterial estimate that may be accepted by plants for specific time periods.

(c) "Reject milk" means milk that does not qualify under sight and odor, or that is classified number 4 for sediment content which is rejected by the plant.

(d) "Excluded milk" means all of a producer's milk excluded from the market.

(e) "3-a sanitary standards" means the standards for dairy equipment formulated by the 3-a sanitary standards committee representing the international association of milk, food and environmental sanitarians, U.S. public health service and dairy industry committee, published by the international association of milk, food and environmental sanitarians.

(f) In addition to the above definitions, the definitions contained in 81-22-101 , MCA apply to this chapter.

History

• Authorizing statute(s): Sec. 81-22-102 MCA
• Implementing statute(s): Sec. 81-22-102 MCA
• History: NEW, 1980 MAR p. 1487, Eff. 5/16/80.

Mont. Admin. R. 32.9.102 Authorization to Score Sanitary Conditions at Dairies and Milk Plants

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.9.103 Licensing of Persons Engaged in Production of Milk for Manufacturing Purposes

(1) To be eligible for a license to engage in the production of milk for manufacturing purposes a person must have his dairy farm in satisfactory compliance with sub-chapter 3 of this chapter. Licensed dairy farms producing milk for manufacturing purposes must be inspected annually to determine eligibility for relicensing.

(2) Each dairy farm producing milk for manufacturing purposes must be inspected by an authorized representative of the department. When evidence indicates that it is advisable to do so, the department will require an examination of the herd by a deputy state veterinarian. If the dairy farm meets the applicable requirements for licensing described in sub-chapter 3 of this chapter as indicated by the official inspection report form, the dairy farm may be licensed as described in (3) . If the dairy producer farm does not meet the requirements for licensing, it must be reinspected within 30 days after the initial inspection. If the farm then meets the requirements for licensing, it may be licensed. If the dairy producer farm does not meet the requirements for licensing, it may not be licensed, and the license must be withheld by the department until such time as the dairy producer farm qualifies for licensing. Each completed official inspection report form may be kept by the department and a copy must be given to the producer.

(3) An authorized agent of the department must indicate that the dairy producer farms meet the requirements of sub-chapter 3 of this chapter as applicable. Dairy producer farm licensing must authorize the sale from that farm of milk for manufacturing purposes that meets the quality standards of sub-chapter 2 of this chapter.

History

• Authorizing statute(s): Sec. 81-22-102 MCA
• Implementing statute(s): Sec. 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.104 Plant Licensing

(1) Every plant receiving or processing milk and cream for the manufacture of dairy products must be inspected and licensed as provided in this rule before buying and processing any milk or cream for the manufacture of dairy products. All licensed plants must be inspected annually after issuance of initial license to determine eligibility for license renewal. The inspection procedure for renewal is the same as that for the initial licensing.

(2) Each plant must be inspected by an authorized representative of the department. If upon initial inspection the inspector finds that the plant meets the requirements for licensing described in sub-chapter 4 and the applicable parts of sub-chapters 5 through 8 of this chapter, as indicated by the official plant inspection report form, a license must be issued to the plant. If the plant does not meet the requirements for licensing, the plant may be reinspected by an authorized representative of the department within 30 days of the initial inspection. A longer time may be allowed if major changes or new equipment is required. If at this time the plant meets the requirements for licensing, the license may be issued. If the plant does not meet the requirements for licensing, it may not be licensed, and it may be unlawful to operate a manufactured dairy products plant until such time as the plant qualifies for a license. Each completed official plant inspection report form must be kept by the department and a copy must be given to the plant operator.

(3) The license must be posted conspicuously at the plant. The license authorizes the plant to test, purchase, and receive milk and cream for manufacturing purposes and to manufacture dairy products therefrom, in compliance with applicable provisions of Title 81, chapter 22 MCA, and the rules issued pursuant thereto.

History

• Authorizing statute(s): Sec. 81-22-102 MCA
• Implementing statute(s): Sec. 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.105 Supervision

(1) The department to insure compliance with the provisions of Title 81, chapter 22 MCA, and the rules must:

(a) Make periodic examinations of milk from a representative number of producers at each plant to determine whether the milk is being graded and tested in accordance with applicable provisions of sub-chapter 2 of this chapter;

(b) Examine the quality records of transfer producers at each plant periodically and when necessary to determine the acceptability of each producer's milk;

(c) Make periodic farm inspections and compare the results of such inspections with previously completed official farm inspection report forms filed by the department;

(d) Periodically examine the milk quality test records of individual producers at each plant;

(e) Periodically inspect plant premises, buildings, equipment, facilities, operations, sanitary practices and compare results with previously completed plant inspection forms filed by the department;

(f) Assist plant management and laboratory and field staffs with educational programs among producers relating to quality improvement of milk; and

(g) Perform such other services and institute such other supervisory procedures as may be necessary to insure compliance with the provisions of Title 81, chapter 22 MCA, and the rules of this chapter.

History

• Authorizing statute(s): Sec. 81-22-102 MCA
• Implementing statute(s): Sec. 81-22-102 MCA
• History: Eff. 12/31/72.

Subchapter 32.9.2 Milk Quality Requirements

Mont. Admin. R. 32.9.201 Quality Requirements

(1) The classification of raw milk for manufacturing purposes shall be based on organoleptic examination (sight and odor) and quality control tests for sediment content and bacterial estimate.

(2) The flavor and odor of acceptable raw milk must be fresh and sweet. The milk must be free from objectionable feed and other off-flavors and off-odors that would adversely affect the finished product, and it may not show an abnormal condition (including, but not limited to, curdled, ropy, bloody, or mastitic condition) , as indicated by sight or odor.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.202 Sediment Content Classification

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.9.203 Frequency of Sediment Tests

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864 Eff. 7/4/96.

Mont. Admin. R. 32.9.204 Bacterial Testing

(1) Milk must be classified for bacterial estimate as follows by one of the methods listed in the following table:

(2) Methods for determining the bacterial estimate of milk shall be those described in the latest edition of "Standard Methods For The Examination Of Dairy Products". However in reporting the results, the test must be read at the times indicated in the table.

BACTERIAL ESTIMATE

BACTERIAL ESTIMATE CLASSIFICATION | DIRECT MICROSCOPIC CLUMP COUNT OR STANDARD PLATE COUNT | RESAZURIN REDUCTION TIME TO MUNSELL COLOR STANDARD 5p 7/4 * No. 1 (Acceptable) : | | Can....................... | Not over 500,000 per ml........... | Not less than 2 1/4 hours. Bulk....................... | " " " " " "............ | Not less than 3 1/4 hours. Undergrade (Probational) 4 weeks) : | | Can....................... | Over 500,000 per ml................. | Less than 2 1/4 hours. Bulk....................... | " " " "................. | Less than 3 1/4 hours.

* For enforcement purposes this test must be read at the times shown in the table.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.205 Frequency and Followup of Bacterial Testing

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.9.206 Duty of Plant to Reject Milk

(1) A plant must reject specific milk from a producer if it fails to meet the requirements for sight and odor or if it is classified no. 4 for sediment content.

(2) All reject milk in cans shall be identified with a reject tag. The milk may be identified by adding a nontoxic coloring substance or rennet.

(3) A plant may not accept milk from a producer for use in products:

(a) if a new producer's milk does not meet the requirements for acceptable milk; or

(b) if the milk has been in a probational (no. 3) sediment content classification for more than 10 calendar days; or

(c) if the milk has been classified "undergrade" for bacterial estimate for more than 4 successive weeks.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.207 Plant Quality Testing of Milk from Producers

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.9.208 Abnormal Milk Due to Mastitis

(1) Required laboratory examination for the presence of unwholesome mammary secretions, whether an infectious, physiological, or environmental origin, must be made on all raw milk samples at least twice each 6 months. Samples shall be analyzed at the department of livestock's diagnostic laboratory or at a laboratory approved by the department administrator.

(2) When a herd milk sample exceeds any of the following screening test results: California mastitis test -- weak positive (CMT1+) ; catalase test -- 30 percent oxygen; modified whiteside test -- positive (1+) ; Wisconsin mastitis test -- WMT value of 28; a somatic cell count using the direct microscopic clump count method or equivalent, or the electronic method must be made on that sample. The results of the somatic cell direct count are the official results.

(3) Whenever the somatic cell count indicates the presence of 1,500,000 or more somatic cells per ml., the following procedures must be applied:

(a) A notice sent to the producer warning him of the excessive somatic cell count;

(b) Following the second consecutive high somatic cell count, a milking time inspection made by a representative of the department.

(c) A third milk sample taken after a lapse of 3 days and within 14 days of the inspection required under (3) (b) above. If this sample also indicates a high somatic cell count, the department must request the producer to obtain expert advice on the correction of his problem.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.209 Other Types of Abnormal Milk

(1) At least 4 times in 6 months, at irregular intervals, a sample of each producer's milk must be tested for antibiotic residues. When a producer's milk shows a positive test, he must be immediately cut off from all markets. He may not be reinstated until a subsequent test of the producer's milk is negative.

(2) Composite milk samples must be tested for biologically significant radionuclides from selected areas at a frequency which the department determines to be adequate to protect the consumer.

(3) Composite milk samples must be tested for pesticides from selected areas at a frequency which the department determines to be adequate to protect the consumer.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Subchapter 32.9.3 Requirements For Dairies Producing Milk For Manufacturing Purposes

Mont. Admin. R. 32.9.301 Dairy Animal Health

(1) All animals in the herd must be maintained in a healthy condition and be properly fed and kept.

(2) The herd must be located in an area within the state of Montana which meets the requirements of a modified-accredited area as determined by chapter 3, sub-chapter 6. If a herd is not located in such an area, it must be tested annually. All additions to the herd must be from an area or from herds meeting the same requirements.

(3) The herd must be located in an area within Montana which meets the requirements of certified brucellosis-free as determined by chapter 3, sub-chapter 4. If the area in which the herd is located does not meet these requirements, the herd must be blood tested annually or milk-ring-tested semiannually. All additions to the herd must be from an area or from herds meeting the same requirements.

(4) Milk from cows known to be infected with mastitis or milk containing pesticides or other chemical residues in excess of the established limits may not be sold or offered for sale for human food. The milk must be disposed of in accordance with sections 81-22-40, and 81-22-404 MCA.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72, AMD, 1977 MAR P. 758, Eff. 10/25/77.

Mont. Admin. R. 32.9.302 Milking Facility and Housing

(1) A milking barn or milking parlor of adequate size and arrangement must be provided to permit normal sanitary milking operations. It must be well lighted and ventilated, and the floors and gutters in the milking area must be constructed of concrete or other impervious material. The facility must be kept clean, the manure removed daily, or stored to prevent access of cows to accumulation thereof; and no swine, fowl, or other animals may be permitted in any part of the milking area.

(2) If milk is exposed during straining or transferring in the milking areas, it shall be protected from falling particles from areas near or above milk facility.

(3) The yard or loafing area shall be of ample size to prevent overcrowding, shall be drained to prevent forming of standing water pools, insofar as practicable, and shall be kept clean.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72, AMD, 1977 MAR p. 758, Eff. 10/25/77.

Mont. Admin. R. 32.9.303 Milking Procedures

(1) The udders and flanks of all milking cows must be clipped of long hairs. The udders and teats must be washed or wiped immediately before milking with a clean damp cloth or paper towel moistened with a sanitizing solution and wiped dry, or by any other sanitary method.

(2) The milker's outer clothing must be clean and his hands clean and dry. No person with an infected cut or open sores on their hands or arms may milk cows, or handle milk or milk containers, utensils, or equipment.

(3) Cows which secrete abnormal milk must be milked last or with separate equipment. This milk must be excluded from the supply as required in (4) of ARM 32.9.301.

(4) Milk stools, surcingles, and anti-kickers must be kept clean and properly stored. Dusty operations should not be conducted immediately before or during milking. Strong flavored feeds should only be fed after milking.

(5) Milk must be cooled immediately after milking to 45° F. or lower unless delivered to the plant within 2 hours after milking. The cooler, tank, or refrigerated unit must be kept clean.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72, AMD, 1977 MAR p. 758, Eff. 10/25/77.

Mont. Admin. R. 32.9.304 Milkhouse or Milkroom

(1) A milkhouse or milkroom conveniently located and properly constructed, lighted, and ventilated must be provided for handling and cooling milk and for washing, handling, and storing the utensils and equipment. Other products may not be handled in the milkroom which would be likely to contaminate milk or otherwise create a public-health hazard.

(2) The milkhouse or milkroom must be equipped with wash and rinse vat, utensil rack, milk cooling facilities, and have an adequate supply of hot water available for cleaning milking equipment. If a part of the barn or other building, it must be partitioned, screened and sealed to prevent the entrance of dust, flies, or other contamination. Concentrates and feed, if stored in the building, must be kept in a tightly covered box or bin. The floor of the building must be of concrete or other impervious material and graded to provide proper drainage. The walls and ceilings must be constructed of smooth, easily cleaned material. All outside doors must open outward and be self-closing, unless they are provided with tight-fitting screen doors that open outward or unless other effective means are provided to prevent the entrance of flies.

(3) If a farm bulk tank is used, it must be properly located in the milkhouse or milkroom for access to all areas for cleaning and servicing. It may not be located over a floor drain or under a ventilator.

(4) A small platform or slab constructed of concrete or other impervious material must be provided outside the milkhouse, properly centered under a suitable port opening in the wall for milkhouse connections. The opening must be fitted with a tight, self-closing door. The truck approach to the milkhouse or milkroom must be properly graded and surfaced to prevent mud or pooling of water at the point of loading.

(5) The milkhouse or milkroom and appurtenances must be kept clean and free of trash, animals and fowl. Pesticides may not be stored in this room and when used must be used in accordance with label instructions so as to prevent contamin-ation of the milk.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72, AMD, 1977 MAR p. 758, Eff. 10/25/77.

Mont. Admin. R. 32.9.305 Utensils and Equipment

(1) Utensils, milk cans, milking machines (including pipeline systems) , and other equipment used in the handling of milk shall be maintained in good condition, must be free from rust, open seams, milk-stone, or any unsanitary condition, and must be washed, rinsed, and drained after each milking, stored in suitable facilities, and sanitized immediately before use with at least 50 p.p.m. chlorine solution or its equivalent. Such solution must be tested after use. New or replacement can lids must be umbrella type. All new utensils and equipment shall comply with applicable 3-a sanitary standards. Farm bulk tanks shall meet 3-a sanitary standards for construction at the time of installation and must be installed in accordance with the rules of the department. Single service articles must be properly stored and may not be reused.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72, AMD, 1977 MAR p. 758, Eff. 10/25/77.

Mont. Admin. R. 32.9.306 Water Supply and Waste Disposal

(1) The dairy farm water supply must be properly located, protected, and operated, and be easily accessible, ample, and of safe sanitary quality for the cleaning of dairy utensils and equipment. The water supply shall come from a source which is approved by the department of health and environmental sciences and representatives of the department of livestock, animal health division; or from a spring, dug well, driven well, bored well, or drilled well, the water from which complies with the standards of the department of health and environmental sciences and the department of livestock, animal health division.

(2) House, milkhouse, or milkroom and toilet wastes must be disposed of in a manner that will not pollute the soil surface, contaminate any water supply, or be exposed to insects. The disposal must imply with the standards of the department of health and environmental sciences.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72, AMD, 1977 MAR p. 758, Eff. 10/25/77.

Subchapter 32.9.4 Manufactured Dairy Products Plants - General Requirements

Mont. Admin. R. 32.9.401 General Premises

(1) The premises must be kept in a clean and orderly condition, be free from strong or foul odors, smoke, and may not contribute to excessive air pollution. Construction and maintenance of driveways and adjacent plant traffic areas should be of cement, asphalt, or similar material to keep dust and mud to a minimum.

(2) The adjacent surroundings must be free from refuse, rubbish, and waste materials to prevent harborage of rodents, insects, and other vermin.

(3) A suitable drainage system must be provided which will allow rapid drainage of all water from plant buildings and driveways, including surface water around the plant and on the premises, and all such water must be disposed of in such a manner as to prevent a nuisance or health hazard.

(4) The building or buildings must be of sound construction and shall be kept in good repair to prevent the entrance or harboring of rodents, birds, insects, vermin, dogs, and cats. All service pipe openings through outside walls must be effectively sealed around the opening or provided with tight metal collars.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.402 Openings to Outside

(1) All openings to the outer air, including doors, windows, skylights, and transoms, must be effectively protected or screened against the entrance of flies and other insects, rodents, birds, dust, and dirt. All outside doors opening into processing rooms must be in good condition and fit properly. All hinged, outside screen doors shall open outward. All doors and windows must be kept clean and in good repair. Outside conveyor openings and other special-type outside openings must be effectively protected to prevent the entrance of flies and rodents, by use of doors, screens, flaps, fans, or tunnels. Outside openings for sanitary pipelines must be covered when not in use. On new construction, window sills should be slanted downward at a 45° angle.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.403 Interior Structural Surfaces

(1) The walls, ceilings, partitions, and posts of rooms in which milk or dairy products are processed, manufactured, handled, packaged or stored (except dry storage of packaged finished products and supplies) or in which utensils are washed and stored, must be smoothly finished with a suitable material of light color, which is substantially impervious to moisture. The surfaces must be kept clean. They must be refinished as often as necessary to maintain a neat, clean surface. A wainscoting of a suitable material of a darker color may be used to a height not exceeding 60 inches. For easier cleaning, new construction should have rounded cove at the juncture of the wall and floor in all receiving, pasteurizing, manufacturing, packaging and storage rooms.

(2) The floors of all rooms in which milk or dairy products are processed, manufactured, packaged or stored or in which utensils are washed must be constructed of tile properly laid with impervious joint material, concrete, or other equally impervious material. The floors must be smooth, kept in good repair, graded so that there will be no pools of standing water or milk products after flushing. All openings to the drains must be equipped with traps properly constructed and kept in good repair. On new construction bell-type traps may not be used. The plumbing must be so installed as to prevent the backup of sewage into the drain lines and to the floor of the plant. Sound, smooth wood floors which can be kept clean may be used in rooms where new containers and supplies and certain packaged finished products are stored.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.404 Light, Heat, and Ventilation

(1) Light must be ample, natural or artificial, or both, of good quality and well distributed. All rooms in which dairy products are manufactured or packaged or where utensils are washed must have at least 30 foot-candles of light intensity on all working surfaces and at least 50 foot-candles of light intensity in areas where dairy products are graded or examined for condition and quality. In all other rooms, there must be provided at least 5 foot-candles of light intensity when measured at a distance of 30 inches from the floor. Where contamination of product by broken glass is possible, light bulbs, fluorescent tubes, fixtures, skylight, or other glass suspended over the product must be protected against breakage.

(2) There must be adequate heating, ventilation, or air conditioning for all rooms and compartments to permit maintenance of sanitary conditions. Exhaust or inlet fans, vents, hoods, or temperature and humidity control facilities must be provided where and when needed, to minimize or eliminate undesirable room temperatures, objectionable odors, moisture condensation, or mold. Inlet fans should be provided with an adequate air filtering device to eliminate dirt and dust from the incoming air. Ventilation systems must be cleaned periodically as needed and maintained in good repair. Exhaust outlets must be screened or provided with self-closing louvers to prevent the entrance of insects when not in use.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.405 Storage, Receiving and Processing Rooms

(1) Rooms and compartments in which any raw material, packaging, ingredient supplies, or dairy products are handled, manufactured, packaged, or stored must be so designed, constructed, and maintained as to assure desirable room temperatures and clean and orderly operating conditions free from objectionable odors and vapors. Enclosed bulk milk receiving rooms when present must be separated from the processing rooms by a partition. Rooms for receiving can milk must be separated from the processing rooms by a partition (partial or complete) by suitable arrangement of equipment or by allowing enough distance between receiving and processing operations to avoid possible contamination of milk or dairy products during manufacturing and handling. Processing rooms must be kept free from equipment and materials not regularly used.

(2) The supply rooms used for the storing of packaging materials, containers, and miscellaneous ingredients must be kept clean, dry, orderly, free from insects, rodents, and mold and maintained in good repair. Items stored therein must be adequately protected from dust, dirt, or other extraneous matter and so arranged on racks, shelves, or pallets to permit access to the supplies and cleaning and inspection of the room. Insecticides, rodenticides, cleaning compounds, and other non-food products must be properly labeled and segregated, and stored in a separate room or cabinet away from milk, dairy products, ingredients, or packaging supplies.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.406 Coolers and Freezers

(1) Coolers and freezers where dairy products are stored must be clean, reasonably dry and maintained at the proper uniform temperature and humidity to adequately protect the product, and minimize the growth of mold. Adequate circulation of air must be maintained at all times. They must be free from rodents, insects, and pests. Shelves must be kept clean and dry. Refrigeration units must have provisions for collecting and disposing of condensate.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.407 Boiler and Tool Rooms

(1) The boiler and tool rooms must be separated from other rooms where milk and dairy products are processed, manufactured, packaged, handled, or stored. The rooms must be kept orderly and reasonably free from dust and dirt.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.408 Toilet and Dressing Facilities

(1) Adequate toilet and dressing room facilities must be conveniently located. Toilet rooms may not open directly into any room in which milk or dairy products are processed, manufactured, packaged, or stored. Doors must be self-closing. Ventilation must be provided by mechanical means or screened openings to the outer air. Fixtures must be kept clean and in good repair. All employees must be furnished with a locker or other suitable facility. The lockers and dressing rooms must be kept clean and orderly. Adequate hand-washing facilities must be provided and durable, legible signs posted conspicuously in each toilet or dressing room directing employees to wash their hands before returning to work.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.409 Laboratory

(1) Consistent with the size and type of plant and the volume of dairy products manufactured, an adequately equipped laboratory must be maintained and properly staffed with qualified and trained personnel for quality control and analytical testing.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.410 Culture Starter Facilities

(1) Adequate facilities must be provided for the handling of starter cultures. The facilities must be sufficiently isolated (preferably a separate room) and may not be located near cheese vats, whey separators, or tanks where contamination is most likely to occur.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.411 Water Facilities

(1) There must be an ample supply of both hot and cold water of safe and sanitary quality, with adequate facilities for its proper distribution throughout the plant, and protection against contamination and pollution. Water from other facilities, when officially approved, may be used for boiler feed water and condenser water provided that such water lines are completely separated from the water lines carrying the sanitary water supply, and the equipment is so constructed and controlled as to preclude contamination of product contact surfaces. There may be no cross connection between safe water lines and unsafe water lines or between public and private water supplies. Bacterio-logical examination must be made of the sanitary water supply at least twice a year, or as often as necessary to determine purity and suitability for use in manufacturing dairy products. Such tests must be made by a laboratory approved by the department. The results of all water tests must be kept on file at the plant for which the test was performed. The location, construction, and operation of any well must comply with regulations of the department of health and environmental sciences and the department of livestock, animal health division.

(2) Drinking water facilities of a sanitary type must be provided in the plant and shall be conveniently located.

(3) Convenient hand-washing facilities must be provided, including hot and cold running water, soap or other detergents, and sanitary single-service towels or air dryers. Such accommodations must be located in or adjacent to toilet and dressing rooms and also at such other places in the plant as may be essential to the cleanliness of all personnel handling products. Vats for washing equipment or utensils may not be used as hand-washing facilities. Self-closing metal or plastic containers must be provided for used towels and other wastes.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.412 Steam Facilities

(1) Steam must be supplied in sufficient volume and pressure for satisfactory operation of each applicable piece of equipment. Culinary steam used in direct contact with milk or dairy products must be free from harmful substances or extraneous material and only non-toxic boiler compounds may be used, or a secondary steam generator be used in which soft water is converted to steam and no boiler compounds are used. Steam traps, strainers and condensate traps must be used wherever applicable to insure a satisfactory and safe steam supply. Culinary steam shall comply with the recommended practices for "Producing Culinary Steam for Processing Milk and Milk Products" as published by the national association of dairy equipment manufacturers, Washington, D.C., April, 1963, or latest revision thereof.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.413 Air Under Pressure

(1) The method for supplying air under pressure which comes in contact with milk or dairy products or any product contact surface shall comply with the 3-a accepted practices for supplying air under pressure. The air used at the point of application must be free from volatile substances, volatiles which may impart any flavor or odor to the products, and extraneous or harmful substances.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.414 Dairy Waste Disposal

(1) Dairy wastes must be properly disposed of from the plant and premises. The sewer system shall have sufficient slope and capacity to readily remove all waste from the various processing operations. Where a public sewer is not available, all wastes must be properly disposed of so as not to contaminate milk equipment or to create a nuisance or public-health hazard. Containers used for the collection and holding of wastes must be constructed of metal, plastic or other equally impervious material and kept covered with tight-fitting lids and placed outside the plant on a concrete slab or on a rack raised at least 12 inches. Alternatively, waste containers may be kept inside a suitably enclosed, clean and fly-proof room. Solid wastes must be disposed of regularly and the containers cleaned before reuse. Accumulation of dry waste paper and cardboard must be kept to a minimum. The paper must be burned at the plant in a properly constructed incinerator or compressed or bagged and hauled away.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.415 Equipment and Utensils for Milk Processing and Product Manufacture

(1) The equipment and utensils used for the processing of milk and manufacture of dairy products must be constructed to be readily demountable where necessary for cleaning and sanitizing. The product contact surfaces of all utensils and equipment such as holding tanks, pasteurizers, coolers, vats, agitators, pumps, sanitary piping and fittings or any specialized equipment must be constructed of stainless steel, or other equally corrosion resistant material. Non-metallic parts other than glass having product contact surfaces must meet 3-a sanitary standards for plastic or rubber or rubber-like materials.

(2) All equipment and piping must be designed and installed so as to be easily accessible for cleaning, and must be kept in good repair, free from cracks, and corroded surfaces. New or rearranged equipment, must be set away from any wall or spaced in such a manner as to facilitate proper cleaning and to maintain good housekeeping.

(3) All parts or interior surfaces of equipment, pipes (except certain piping cleaned-in-place) or fittings, including valves and connections, must be accessible for inspection.

(4) Milk and dairy product pumps must be of a sanitary type and easily dismantled for cleaning or be of specially approved construction to allow effective cleaning-in-place (CIP) . All CIP systems must comply with the 3-a sanitary practices for permanently installed sanitary product, pipelines, and cleaning systems.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.416 Weigh Cans and Receiving Tanks

(1) Weigh cans and receiving tanks must meet the 3-a sanitary standards, be easily accessible for cleaning both inside and outside, be elevated above the floor and protected sufficiently with the necessary covers or baffles to prevent contamination from splash, condensate and drippage. Where necessary to provide easy access for cleaning of floors and adjacent wall areas, the receiving tank must be equipped with wheels or casters to allow easy removal.

(2) Can washers must have sufficient capacity and ability to discharge a clean, dry can and cover and shall be kept properly timed in accordance with the instructions of the manufacturer. They should be equipped with proper temperature controls on the wash and rinse tanks and the following additional devices: pre-rinse jet, wash tank solution, feeder, can sanitizing attachment, forced air vapor exhaust, and removable air filter on drying chamber. The water and steam lines supplying the washer must maintain a reasonably uniform pressure and if necessary be equipped with pressure regulating valves. The steam pressure to the can washer should be not less than 80 pounds, and the temperature of the wash tank solution should not exceed 140° F.

(3) Storage tanks or vats must be fully enclosed or tightly covered and well insulated. The entire interior surface, agitator, and all appurtenances must be accessible for thorough cleaning and inspection. Any opening at the top of the tank or vat including the entrance of the shaft must be suitably protected against the entrance of dust, moisture, insects, oil, or grease. The sight glasses, if used, must be sound, clear, and in good repair. Vats which have hinged covers must be so designed that moisture, or dust on the surface cannot enter the vat when the covers are raised. If the storage tanks or vats are equipped with air agitation, the system must be of an approved type and properly installed in accordance with the 3-a accepted practices for supplying air under pressure. Storage tanks or vats intended to hold product for longer than approximately 8 hours must be equipped with adequate refrigeration and/or have adequate insulation. All storage tanks or vats should meet the appropriate 3-a sanitary standards and be equipped with thermometers in good operating order.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.417 Separators and Pasteurizing Equipment

(1) All product contact surfaces of separators must be free from rust and pits and insofar as practicable be of stainless steel or other equally non-corrosive metals.

(2) Coil or dome-type batch pasteurizers must be stainless steel lined and if the coil is not stainless steel or other equally non-corrosive metal, it must be properly tinned over the entire surface. Sanitary seal assemblies at the shaft ends of the coil vats must be of the removable type, except that existing equipment not provided with this type gland will be acceptable if the packing glands are maintained and operated without adverse effects. New or replacement units must be provided with removable packing glands. Dome-type pasteurizer agitators must be stainless steel except that any non-metallic parts shall meet 3-a sanitary standards for plastic or rubber and rubber-like materials, as applicable. Each pasteurizer used for heating product at 165° F. or lower for 30 minutes or less must be equipped with space-heating equipment and the necessary thermometers to insure a temperature at least 5° F. above that required for pasteurization of the product. There must be adequate means of controlling the temperature of the heating medium. Batch pasteurizers must have temperature indicating and recording devices.

(3) When pasteurization is intended or required, an approved timing pump or device recorder-controller, automatic flow diversion valve and holding tube or its equivalent, if not a part of the existing equipment, must be installed on all high temperature short-time (HTST) equipment used for pasteurization, to assure complete pasteurization. The entire facility must meet the 3-a accepted practices for the sanitary construction, installation, testing and operation of HTST pasteurizers. After the HTST unit has been tested according to the 3-a accepted practices, the timing pump or device and the recorder controller must be sealed at the correct setting to assure pasteurization. Sealing of the HTST unit must be performed by the control authority having jurisdiction. When direct steam pasteurizers are used, the steam, prior to entering the product, must be conducted through a steam strainer and a steam purifier equipped with a steam trap and only steam meeting the requirements for culinary steam may be used.

(4) Surface coolers must be equipped with hinged or removable covers for the protection of the product. The edges of the fins must be so designed as to divert condensate on non-product contact surfaces away from product contact surfaces. All gaskets or swivel connections must be leak-proof.

(5) Plate-type heat exchangers must meet the 3-a sanitary standards for construction and installation. All gaskets must be tight and kept in good operating order. Plates must be opened for inspection by the operator at sufficiently frequent intervals to determine if the equipment is clean and in satisfactory condition. A cleaning regimen must be posted to insure proper cleaning procedures between inspection periods.

(6) Internal-return-tubular heat exchangers should meet the 3-a sanitary standards for construction and installation.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.418 Pastuerization Thermometers

(1) Long-stem indicating thermometers which are accurate within 0.5° F., plus or minus, for the applicable temperature range, must be provided for checking the temperature of pasteurization and cooling of products in vats and checking the accuracy of recording thermometers. Short-stem indicating thermometers, which are accurate within 0.5° F., plus or minus, for the applicable temperature range, must be installed in the proper stationary position in all HTST and dome-type pasteurizers. Storage tanks where temperature readings are required must have thermometers which are accurate within 2.0° F., plus or minus. Air space indicating thermometers, where applicable, which are accurate within 1.0° F., plus or minus, for the proper temperature range must also be installed above the surface of the products pasteurized in vats, to make certain that the temperature of the foam and/or air above the products pasteurized also received the required minimum temperature treatment.

(2) HTST recording thermometers that are accurate within 1° F., plus or minus, for the applicable temperature range, must be used on each heat treating, pasteurizing or sterilizing unit to record the heating process. Additional use of recording thermometers accurate within 2° F., plus or minus, may be required where a record of temperature or time of cooling and holding is of significant importance.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.419 Pumps and Homogenizers

(1) Pumps used for milk and dairy products must be of the sanitary type and constructed to meet 3-a sanitary standards. Unless pumps are specifically designed for effective cleaning-in-place, they shall be disassembled and thoroughly cleaned after use.

(2) Homogenizers and high pressure pumps of the plunger-type shall meet the 3-a sanitary standards.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.420 Vacuum Chamber

(1) The vacuum chamber, as used for flavor control, must be made of stainless steel or other equally non-corrosive metal. The unit must be con-structed to facilitate cleaning and all product contact surfaces must be accessible for inspection. It must be equipped with a vacuum breaker and a check valve at the product discharge line. If direct steam is used, it should also be equipped with a ratio controller to regulate the composition of the product. Only steam which meets the requirements for culinary steam must be used. The incoming steam supply must be regulated by an automatic solenoid valve which will cut off the steam supply in the event the flow diversion valve of the HTST pasteurizer is not in the forward flow position. Condensers when used must be equipped with a water level control and an automatic safety shut-off valve.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.421 New Equipment and Replacements

(1) New equipment and replacements, including all plastic parts and rubber and rubber-like materials for parts and gaskets having product contact surfaces, must meet the then current 3-a sanitary standards. If 3-a sanitary standards are not available, such equipment and replacements must meet the general requirements of this sub-chapter.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.422 Employee Sanitation and Health

(1) All employees must wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. They must keep their hands clean and follow good hygienic practices while on duty. Expectorating or use of tobacco in any form is prohibited in each room and compartment where any milk, dairy product, or supplies are prepared, stored, or otherwise handled. Clean white or light-colored washable outer garments and caps (paper caps or hair nets are acceptable) must be worn by all persons engaged in receiving, testing, processing milk, manufacturing, packaging or handling dairy products.

(2) No person afflicted with a communicable disease may be permitted in any room or compartment where milk and dairy products are prepared, manufactured, or otherwise handled. No person who has a discharging or infected wound, sore or lesion on hands, arms, or other exposed portion of the body may work in any dairy processing rooms or in any capacity resulting in contact with milk or dairy products.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.423 Protection of Raw Milk and Cream - Equipment and Facilities

(1) Milk cans used in transporting milk from dairy farm to plant must be of such construction (preferably seamless with umbrella lids) as to be easily cleaned, and must be inspected, repaired, and replaced as necessary to exclude substantially the use of cans and lids with open seams, cracks, rust, milkstone, or any unsanitary condition. Adequate provisions should be made so that milk in cans will be cooled immediately after milking to 45° F. or lower unless delivered to the plant within 2 hours after milking.

(2) Farm bulk tanks should meet 3-a sanitary standards for construction and should be installed preferably in a milkhouse in accordance with the requirements of the regulatory agency in jurisdiction. The bulk tanks should be designed and equipped with refrigeration to permit the cooling of the milk to 45° F. or lower within 2 hours after milking, and maintained at 45° F. or below until picked up.

(3) Vehicles used for the transportation of can milk or cream must be of the enclosed type, constructed and operated to protect the product from extreme temperature, dust, or other adverse conditions, and kept clean. Decking boards or racks must be provided where more than one tier of cans is carried. Cans or vehicles used for the transportation of milk from the farm to the plant may not be used for transporting skim milk, buttermilk, or whey to producers.

(4) With respect to transport tanks, the exterior shell must be clean and free from open seams or cracks which would permit liquid to enter the jacket. The interior shell must be stainless steel and so constructed that it will not buckle, sag, or prevent complete drainage. All product contact surfaces must be smooth, easily cleaned and maintained in good repair. The pump and hose cabinet must be fully enclosed with tight-fitting doors and the inlet and outlet must be provided with dust covers to give adequate protection from road dust. New and replacement transport tanks must meet 3-a sanitary standards for milk transport tanks.

(5) Enclosed or covered facilities must be available for washing and sanitizing of transport tanks, piping, and accessories, at central locations or at all plants that receive or ship milk or milk products in transport tanks.

(6) Milk must be transferred under sanitary conditions from farm bulk tanks through stainless steel piping or approved tubing. The sanitary piping and tubing must be capped when not in use.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.424 Holding and Processing of Milk

(1) All milk must be held and processed under conditions and at tempera-tures that will avoid contamination and rapid deterioration. Drip milk from can washers or any other source may not be used for the manufacture of dairy products. Bulk milk in storage tanks within the dairy plant must be handled in such a manner as to minimize bacterial increase and must be maintained at 45° F. or lower until processing begins. This does not preclude holding milk at higher temperatures for a period of time, where applicable to particular manufacturing or processing practices. The bacteriological quality of commingled milk in storage tanks must be 1½ million or lower.

(2) When pasteurization or sterilization is intended or required, or when a product is designated "pasteurized" or "sterilized", every particle of the product must be subjected to such temperatures and holding periods as will assure proper pasteurization or sterilization of the product. The heat treatment by either process must be sufficient to insure public health safety and to assure adequate keeping quality, yet retaining the most desirable flavor and body characteristics of the finished product. The phenol value of check-test samples of pasteurized finished product may be no greater than the maximum specified for the particular product as determined and specified by the phosphatase test method prescribed in the latest edition of "Official Methods of Analysis of the Association of Official Agricultural Chemists".

(3) All necessary precautions must be taken to prevent contamination or adulteration of the milk or dairy products during manufacturing. All substances and ingredients used in the processing or manufacturing of any dairy product must be subject to inspection, be wholesome, and be practically free from impurities. The finished product must comply with the requirements of the federal Food, Drug and Cosmetic Act as to their composition and wholesomeness.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.425 Cleaning and Sanitizing Treatment of Plant Equipment

(1) The equipment, sanitary piping, and utensils used in receiving and processing of the milk, and manufacturing and handling of the product must be maintained in a sanitary condition. Sanitary seal assemblies must be removable on all agitators, pumps, and vats, be inspected at regular intervals, and be kept clean. Unless other provisions are recommended in the following supplemental sections, all equipment not designed for CIP cleaning must be disassembled after each day's use for thorough cleaning. Dairy cleaners, detergents, wetting agents, sanitizing agents, or other similar materials which will not contaminate or adversely affect the products may be used. Steel wool or metal sponges may not be used in the cleaning of any dairy equipment or utensils. All product contact surfaces must be subjected to an effective sanitizing treatment immediately prior to use, except where dry cleaning is permitted. Utensils and portable equipment used in processing and manufacturing operations must be stored above the floor in clean, dry locations and in a self-draining position on racks constructed of impervious corrosion-resistant material.

(2) CIP cleaning, including spray-ball systems, may be used only on equipment and pipeline systems which have been designed and engineered for that purpose. When such cleaning is used, careful attention must be given to the proper procedures to assure satisfactory cleaning. All CIP installations and cleaning procedures must be in accordance with 3-a suggested method for the installation and cleaning of cleaned-in-place sanitary milk pipelines for milk and milk products plants. Because of the possibilities of corrosion, the recommendations of the cleaning compound manufacturer should be followed with respect to time, temperature and concentration of specific acid or alkaline solutions and bactericides.

(3) CIP cleaning operations should be preceded by a thorough rinse at approximately 110° - 115° F. continuously discarding the water. Following the circulation of the cleaning solution the equipment and lines must be thoroughly rinsed with lukewarm water and checked for effectiveness of cleaning. All caps, plugs, special fittings, valve seats, cross ends, pumps, plates, and tee ends must be opened or removed and brushed clean. Immediately prior to starting the product flow the product contact surfaces shall be given bactericidal treatment. Plates and pumps should be left open over-night, assembled and sanitized prior to use.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.426 Cleaning and Sanitizing - Cans, Tanks and Washers

(1) Milk cans and lids must be cleaned, sanitized, and dried before returning to producers. Inspection, repair, or replacement of cans and lids must be adequate to substantially exclude from use cans and lids showing open seams, cracks, rust condition, milkstone, or any unsanitary condition.

(2) Washers must be maintained in a clean and satis-factory operating condition and kept free from accumulation of scale or debris which will adversely affect the efficiency of the washer. Only washing compounds which are compatible with the water, for effective cleaning, should be used. The can washer should be checked regularly during the run for proper operation. At the end of the day, the wash and rinse tanks should be drained and cleaned, jets and strainers cleaned, air filters checked and changed or cleaned if needed, and checks should be made for proper adjustment and condition of mechanical parts.

(3) A covered or enclosed wash dock and cleaning and sanitizing facilities must be available to all plants that receive or ship milk in tanks. Milk transport tanks sanitary piping, fittings, and pumps must be cleaned and sanitized at least once each day after use: Provided, that, if they are not to be used immediately after emptying a load of milk, they must be washed promptly after use and given bactericidal treatment immediately before use. After being washed and sanitized, each tank should be identified by a tag attached to the outlet valve, or by some other better method, bearing the following information: Plant and specific location where cleaned, date and time of day of washing and sanitizing, and name of person who washed and name of person who sanitized the tank. The tag may not be removed until the tank is again washed and sanitized.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.427 Cleaning of Structural Parts

(1) All windows, glass, partitions, and skylights must be washed as often as necessary to keep them clean. Cracked or broken glass must be replaced promptly. The walls, ceilings, and doors must be washed periodically and kept free from soil and unsightly conditions. The shelves and ledges must be wiped or vacuumed as often as necessary to keep them free from dust and debris. The material picked up by the vacuum cleaners must be disposed of by burning or other proper methods to destroy any insects that might be present.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.428 Pest Control

(1) In addition to any commercial pest control service, if one is utilized, a specially designated employee must be made responsible for the performance of a regularly scheduled insect and rodent control program. Poisonous substances, insecticides, and rodenticides must be properly labeled, and be handled, stored, and used in such a manner as not to create a public-health hazard.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.429 Test Record Keeping

(1) Adequate plant records must be maintained of all required tests and analyses performed in the laboratory or throughout the plant during processing and manufacturing on all milk receipts and dairy products. Such records must be available for examination at all reasonable times by the inspector.

(2) Following are the records which must be maintained for examination at the plant or receiving station where performed.

(a) Sediment and bacterial test results on raw milk from each producer, to be retained for 12 months.

(i) Routine tests and monthly summary of all producers showing number and percent of total in each class.

(ii) Retests, if initial test places milk in probationary status.

(iii) Rejections of raw milk over no. 3 in quality.

(b) Laboratory and plant quality control test of dairy products as required in this part to be retained for 12 months.

(i) Microbiological.

(ii) Chemical analysis.

(iii) Keeping quality.

(c) Pasteurization recorder charts to be retained for 6 months.

(d) Water supply test certificate, current copy to be retained for 6 months.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.430 Packaging and General Identification

(1) The size, style, and type of packaging used for dairy products must be commercially acceptable containers and packaging materials which will satisfactorily cover and protect the quality of the contents during storage and regular channels of trade and under normal conditions of handling. The weights and shape within each size or style must be as nearly uniform as is practical. Packaging materials for dairy products must be selected which will provide sufficiently low permeability to air and vapor to prevent the formation of mold growth and surface oxidation. In addition, the wrapper should be resistant to puncturing, tearing, cracking or breaking under normal conditions of handling, shipping and storage. When special-type packaging is used, the instructions of the manufacturers must be followed closely as to its application and methods of closure.

(2) Packaging dairy products or cutting and repackaging all styles of dairy products must be conducted under rigid sanitary conditions. The atmosphere of the packaging rooms, the equipment and packaging material must be practically free from mold and bacterial contamination. Methods for checking the level of contamination must be as prescribed by the latest edition of standard methods.

(3) All commercial bulk packages containing dairy products manufactured under the provisions of this chapter must be adequately and legibly marked with the name of the product, net weight, name and address and zip code of processor or manufacturer or other assigned plant identification, lot number, and any other identification, as may be required. Consumer-packaged product must be legibly marked with the name of the product, net weight, name and address and zip code of packer, manufacturer, or distributor and such other identification as may be required by the regulatory agency in jurisdiction.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.431 Storage of Finished Product

(1) Dry storage must be stored at least 18 inches from the wall in aisles, rows, or sections and lots, in such a manner as to be orderly and easily accessible for inspection. Rooms should be cleaned regularly. It is recommended that dunnage or pallets be used when practical. Care must be taken in the storage of any other product foreign to dairy products in the same room, in order to prevent impairment or damage to the dairy product from mold, absorbed odors, or vermin or insect infestation. Control of humidity and temperature must be maintained at all times, consistent with good commercial practices, to prevent conditions detrimental to the product and container.

(2) Finished products requiring refrigerated storage must be placed on shelves, dunnage or pallets and properly identified. They must be stored under temperatures that will best maintain the initial quality. The products may not be exposed to anything from which they might absorb any foreign odors or be contaminated by drippage or condensation.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Subchapter 32.9.5 Additional Requirements for Plant Manufacturing, Processing and Packaging Butter and Related Products

Mont. Admin. R. 32.9.501 Rooms and Compartments

(1) The coolers and freezers must be equipped with facilities for maintaining proper temperature and humidity conditions, consistent with good commercial practices for the applicable product, to protect the quality and condition of the products during storage or during tempering prior to further processing. Coolers and freezers must be kept clean, orderly, free from insects, rodents, and mold, and maintained in good repair. They must be adequately lighted and proper circulation of air be maintained at all times. The floors, walls, and ceilings must be of such construction as to permit thorough cleaning.

(2) Churn rooms, in addition to proper construction and sanitation, must be so equipped that the air is kept free from objectionable odors and vapors and extreme temperatures by means of adequate ventilation and exhaust systems or air conditioning and heating facilities.

(3) Rooms used for packaging print or bulk butter and related products should, in addition to proper construction and sanitation, provide an atmosphere relatively free from mold (no more than 10 mold colonies per cubic foot of air) , dust, or other air-borne contamination and maintain a reasonable room temperature.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.502 Equipment and Utensils

(1) All product contact surfaces of a continuous churn must be of non-corrosive material. All non-metallic product contact surfaces must comply with 3-a sanitary standards for plastic, rubber and rubber-like materials. All product contact surfaces must be readily accessible for cleaning and inspection.

(2) Conventional churns should be constructed of aluminum, stainless steel or equally corrosion-resistant metal, free from cracks, and in good repair. All gasket material must be fat-resistant, non-toxic and reasonably durable. Seals around the doors must be tight. Wooden churns, free from cracks and in good repair, now in operation will be accepted until they have to be replaced. All replacement and new churns must be of aluminum, stainless steel or equally corrosion-resistant metal.

(3) Bulk butter trucks, boats, and packers must be constructed of aluminum, stainless steel, or equally corrosion- resistant metal free from cracks, seams and must have a surface that is relatively smooth and easily cleanable.

(a) Shavers, shredders, or melting machines used for rapid melting of butter, frozen or plastic cream must be of stainless steel or equally corrosion-resistant metal, sanitary construction, and readily cleanable.

(4) All printing equipment must be designed to be readily demountable for cleaning of product contact surfaces. All product contact surfaces must be aluminum, stainless steel or equally corrosion-resistant metal, or plastic, rubber and rubber-like material which meet 3-a sanitary standards, except that conveyors may be constructed of material which can be properly cleaned and maintained in a satisfactory manner.

(5) Brine tanks used for the treating of parchment liners must be constructed of non-corrosive material and have an adequate and safe means of heating the salt solution for the treatment of the liners. The tank must also be provided with a satisfactory drainage outlet.

(6) Bulk starter vats must be of stainless steel or equally corrosion-resistant metal and constructed according to applicable 3-a sanitary standards. The vats must be in good repair, equipped with tight-fitting lids and have effective temperature controls.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.503 Operations and Operating Procedures- Pasteurization

(1) The milk or cream must be pasteurized at the plant where the milk or cream is processed into the finished product.

(2) The cream for buttermaking must be pasteurized at a temperature of not less than 165° F. and held continuously in a vat at such temperature for not less than 30 minutes; or pasteurized by HTST method at a minimum temperature of not less than 185° F. for not less than 15 seconds; or it must be pasteurized by any other equivalent temperature and holding time which will assure adequate pasteurization. Additional heat treatment above the minimum pasteurization requirement is advisable to insure improved keeping-quality characteristics. Adequate pasteurization control must be used and the diversion valve must be set to divert at no less than 185° F. with a 15-second holding time or its equivalent in time and temperature to assure pasteurization. If the vat or holding method of pasteurization is used, vat covers must be closed prior to holding period to assure temperature of air space reaching the minimum temperature before holding time starts. Covers must also be kept closed during the holding and cooling period.

(3) The pasteurization of cream for plastic or frozen cream must be accomplished in the same manner as in (2) above, except, that the temperature for the vat method may be not less than 170° F. for not less than 30 minutes, or not less than 190° F for not less than 15 seconds or by any other temperature and holding time which will assure adequate pasteurization and comparable keeping-quality characteristics.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.504 Composition and Wholesomeness

(1) All ingredients used in the manufacture of butter and related products must be subject to inspection and be wholesome and practically free from impurities. Chlorinating facilities must be provided for butter wash water if needed. All other necessary precautions must be taken to prevent contamination of products. All finished products must comply with the requirements of the Federal Food, Drug and Cosmetic Act, as to composition and wholesomeness.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.505 Containers

(1) Containers used for the packaging of butter and related products must be commercially acceptable containers or packaging material that will satisfactorily protect the quality of the contents in regular channels of trade. Caps or covers which extend over the lip of the container must be used on all cups or tubs containing 2 pounds or less, to protect the product from contamination during subsequent handling.

(2) Supplies of parchment liners, wrappers and other packaging material must be protected against dust, mold and other possible contamination. Prior to use, parchment liners for bulk butter packages must be completely immersed in a boiling salt solution in a suitable container constructed of stainless steel or other equally non-corrosive material. The liners must be maintained in the solution for not less than 30 minutes. The solution should consist of at least 15 pounds of salt for every 85 pounds of water and must be strengthened or changed as frequently as necessary to keep the solution full strength and in good condition. Other liners such as polyethylene must be treated or handled in such a manner as to prevent contamination of the liner prior to filling.

(3) Lined bulk butter containers must be protected from possible contamination prior to filling. Containers should be stacked only as high as the firmness of the product will support weight, so as not to crush or distort the container.

(4) Printing and packaging of consumer size containers of butter must be conducted under sanitary conditions. Separate rooms equipped with automatic filling and packaging equipment should be provided. The outside cartons should be removed from bulk butter in a room outside of the printing operation but the parchment removal and cutting of the butter may be done in the print room.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.506 General Identification

(1) Commercial bulk shipping containers must be legibly marked with the name of the product, net weight, name and address of manufacturer, processor or distributor or other assigned plant identification (manufacturer's lot number, churn number, etc.) and any other identification that may be required. Packages of plastic or frozen cream must be marked with the percent of milkfat.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.507 Storage of Finished Product in Coolers

(1) All products must be kept under refrigeration at temperatures of 40°F. or lower after packaging and until ready for dist-ribution or shipment. The products must not be placed directly on floors or exposed to foreign odors or conditions such as drippage due to condensation which might cause package or product damage.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.508 Storage of Finished Product in Freezer

(1) Plastic cream or frozen cream intended for storage must be placed in quick freezer rooms immediately after packaging, for rapid and complete freezing within 24 hours. The packages must be piled or spaced in such a manner that air can freely circulate between and around the packages. The rooms must be maintained at -10° F. or lower and be equipped to provide sufficient high-velocity air circulation for rapid freezing. After the products have been completely frozen, they may be transferred to a freezer storage room for continued storage.

(2) The freezer storage room must be maintained at a temperature of 0° F. or lower. Adequate air circulation is desirable. Butter intended to be held more than 30 days must be placed in a freezer room as soon as possible after packaging. If not frozen before being placed in the freezer, the packages must be spaced in such a manner as to permit rapid freezing and repeated if necessary, at a later time.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Subchapter 32.9.6 Additional Requirements for Plant Manufacturing and Packaging Cheddar Cheese and Similar Cheese Varieties

Mont. Admin. R. 32.9.601 Rooms and Compartments

(1) A separate starter room equipped with a tight-fitting door should be provided for the propagation and handling of starter cultures. All necessary precautions must be taken to prevent contamination of the room, equipment and the air therein. A filtered air supply should be provided so as to obtain outward movement of air from the room.

(2) The room in which the cheese is manufactured must be of adequate size, and the vats adequately spaced to permit movement around the vats and presses for proper cleaning and satisfactory working conditions. Adequate ventilation must be provided, preferably filtered air. Mold count should be no higher than 10 per cubic foot of air.

(3) If cheese is to be paraffined, a drying room of adequate size must be provided to accommodate the maximum production of cheese during the flush period. Adequate shelving and air circulation must be provided for proper drying. Temperature and humidity control facilities should be provided which will promote the development of a sound, dry rind.

(4) For rind cheese, a separate room or compartment should be provided for paraffining and boxing the cheese. The room must be of adequate size and the temperature maintained near the temperature of the drying room to avoid sweating of the cheese prior to paraffining.

(5) For rindless blocks suitable space must be provided for proper wrapping and boxing of the cheese. The area must be free from dust, condensation, mold, or other conditions which may contaminate the surface of the cheese or contribute to an unsatisfactory packaging of the cheese.

(6) Coolers or curing rooms where cheese is held for curing or storage must be clean and maintained at the proper uniform temperature and humidity to adequately protect the cheese, and minimize the growth of mold. Proper circulation of air must be maintained at all times. The rooms must be free from rodents, insects, and pests. The shelves must be kept clean and dry.

(7) When small packages of cheese are cut and wrapped, separate rooms must be provided for the cleaning and preparation of the bulk cheese and a separate room be provided for the cutting and wrapping operation. The rooms must be well lighted, ventilated, and provided with filtered air. Air movements must be outward to minimize the entrance of un-filtered air into the cutting and packaging room.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.602 Equipment and Utensils

(1) Bulk starter vats must be of stainless steel or equally corrosion-resistant metal and should be constructed according to the applicable 3-a sanitary standards. The vats must be in good repair, equipped with tight-fitting lids and have adequate temperature controls such as valves, indicating and/or recording ther-mometers.

(2) The vats used for making cheese should be of metal construction with adequate jacket capacity for uniform heating. The inner liner must be minimum 16-gauge stainless steel or other equally corrosion-resistant metal properly pitched from side to center and from rear to front for adequate drainage. The liner must be smooth, free from excessive dents or creases and extend over the edge of the outer jacket. The outer jacket, when metal, must be constructed of stainless steel or other metal which can be kept clean and sanitary. The junction of the liner and outer jackets must be constructed so as to prevent milk or cheese from entering the inner jacket. The vat must be equipped with a suitable sanitary outlet valve. Effective valves must be provided and properly maintained to control the application of heat to the vat. Also vats should be equipped with removable cloth covers which can be regularly and suitably laundered, or with a single-service paper cover.

(3) The mechanical agitators must be of sanitary construction. The carriage and track must be so constructed as to prevent the dripping of dirt, or grease into the vat. Metal blades, forks, or stirrers must be constructed of stainless steel and of material approved in the 3-a sanitary standards for plastic and rubber or rubber-like materials and be free from rough or sharp edges which might scratch the equipment or remove metal particles.

(4) Knives, hand rakes, shovels, paddles, strainers, and miscellaneous equipment must be stainless steel or of material approved in the 3-a sanitary standards for plastic and rubber or rubber-like materials. The product contact surfaces of the curd mill should be of stainless steel. All pieces of equipment must be so constructed that they can be kept clean. The wires in the curd knives must be stainless steel, kept tight and replaced when necessary.

(5) Hoops, forms, and followers must be constructed of stainless steel or heavy tinned steel. If tinned, they must be kept tinned and free from rust. All hoops, forms, and followers must be kept in good repair. Drums or other special forms used to press and store cheese must be clean and sanitary.

(6) The cheese press should be constructed of stainless steel and all joints welded and all surfaces, seams and openings readily cleanable. The pressure device must be the continuous type. Press cloths must be maintained in good repair and in a sanitary condition. Single-service press cloths may be used only once.

(7) The press used to heat seal the wrapper applied to rindless cheese must have square interior corners, reasonably smooth interior surface and have controls that provide uniform pressure and heat equally to all surfaces.

(8) The metal paraffin tank should be adequate in size, have wood rather than metal racks to support the cheese, have heat controls and an indicating thermometer. The cheese wax must be kept clean.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.603 Operations and Operating Procedures

(1) If the cheese is labeled as pasteurized, the milk must be pasteurized by subjecting every particle of milk to a minimum temperature of 161° F. for not less than 15 seconds. HTST pasteurization units must be equipped with the proper controls and equipment to assure pasteurization. If the milk is held more than 2 hours between time of receipt or heat treatment and setting, it must be cooled to 45°F.or lower until time of setting.

(2) If the cheese is labeled as "heat treated", " unpasteurized ", "raw milk" or "for manufacturing", the milk may be raw or heated at temperatures below pasteurization. If the milk is held more than 2 hours between time of receipt or heat treatment and setting, it must be cooled to 45° F. or lower until time of setting.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/13/72.

Mont. Admin. R. 32.9.604 Whey Disposal

(1) Adequate sanitary facilities must be provided for the disposal of whey. If outside, necessary precautions must be taken to minimize flies, insects, and development of objectionable odors.

(2) Whey or whey products intended for human food must at all times be handled in a sanitary manner in accordance with the procedures of this subsection as specified for handling milk and dairy products.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.605 Packaging and Repackaging

(1) Packaging rindless cheese or cutting repackaging all styles of bulk cheese must be conducted under rigid sanitary conditions. The atmosphere of the packaging rooms, the equipment and the packaging material must be practically free from mold and bacterial contamination.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.606 General Identification

(1) Each bulk cheese must be legibly marked with the name of the product, code or date of manufacture, vat number, officially designated code number or name and address of manufacturer. Each consumer-sized container must be plainly marked with the name and address of the manufacturer, packer, or distributor, net weight of the contents, name of product and such other information as may be required.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Subchapter 32.9.7 Additional Requirements for Plants Manufacturing and Packaging Cottage Cheese

Mont. Admin. R. 32.9.701 Rooms and Compartments

(1) Processing operations with open cheese vats should be separated from other rooms or areas. Excessive personnel traffic or other possible contaminating conditions should be avoided. Rooms, compartments, coolers, and dry storage space in which any raw material, packaging, or ingredient supplies or finished products are handled, processed, packaged, or stored must be designed and constructed to assure clean and orderly operations.

(2) Processing and packaging rooms or compartments must be ventilated to maintain sanitary conditions, preclude the growth of mold and air borne bacterial contaminants, prevent undue condensation of water vapor and minimize or eliminate objectionable odors. To minimize air borne contamination in processing and packaging rooms, it is preferable to filter all incoming air. The incoming air must exert an outward pressure so that the movement of air will be outward and prevent the movement of unfiltered air inward.

(3) A separate starter room equipped with a tight-fitting door should be provided for the propagation and handling of starter cultures. All necessary precautions must be taken to prevent contamination of the room, equipment and the air therein. A filtered air supply must be provided so as to obtain an outward movement of air. The outward movement of air from the room minimizes contamination from unfiltered air entering the starter room when the door to the room is opened.

(4) Coolers must be equipped with facilities for maintaining proper temperature and humidity conditions, consistent with good commercial practices for the applicable product, to protect the quality and condition of the products. Coolers must be kept clean, orderly, free from insects, rodents, and mold, and maintained in good repair. They must be adequately lighted and proper circulation of air must be maintained at all times. The floors, walls, and ceilings must be of such construction as to permit thorough cleaning.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.702 Equipment and Utensils

(1) The vats used for making the cottage cheese must be of stainless steel con-struction with adequate jacket capacity for uniform heating and cooling. The inner liner must be minimum 16-gauge stainless steel, or equally corrosion-resistant metal properly pitched from side to center and from rear to front for adequate drainage. The liner must be smooth, free from excessive dents or creases and extend over the edge of the outer jacket. The outer jacket must be constructed of stainless steel or other metal which can be kept clean and sanitary. The junction of the liner and outer jacket must be constructed as to prevent milk or cheese from entering the inner jacket. Vats must be equipped with valves to control the heating and cooling medium and a suitable sanitary outlet valve. Vats used for creaming curd should be equipped with a cooling medium. A circulating pump for the heating and cooling medium is recommended.

(2) Mechanical agitators should be installed on all cheese vats for stirring the milk or cheese. The carriage must be completely enclosed or provided with a trough or drip pan to prevent condensation, oil or dirt from dropping into the vat.

(3) Container fillers should conform to the 3-a sanitary standards for equipment for packaging frozen desserts and cottage cheese.

(4) Only mixers may be used which will mix the cheese carefully and keep shattering of the curd particles to a minimum. They must be constructed in such a manner as to be readily cleanable. If shafts extend through the wall of the tank below the level of product, they must be equipped with proper seals which are readily removable for cleaning and sanitizing. The mixer must be enclosed or equipped with tight-fitting covers.

(5) Bulk starter vats must be made of stainless steel or equally corrosion-resistant metal and should be constructed according to applicable 3-a sanitary standards. The vats must be in good repair, equipped with tight-fitting lids and accurate temperature controls such as valves, indicating and/or recording thermometers.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.703 Operations and Operating Procedures - Pasteurization

(1) The skim milk used for the manufacture of cottage cheese must be pasteurized not more than 24 hours prior to the time of setting by heating every particle of skim milk to a temperature of 161° F. for not less than 15 seconds or by any other combination of temperature and time giving equivalent results. All skim milk must be cooled promptly to setting temperature. If held more than 2 hours between pasteurization and time of setting, the skim milk must be cooled and held at 45° F. or colder until set.

(2) Cream or cheese dressing must be pasteurized at not less than 150° F. for not less than 30 minutes or at not less than 166° F. for not less than 15 seconds or by any other combination of temperature and time treatment giving equivalent results. Cream and cheese dressing must be cooled promptly to 40° F. or lower after pasteurization to aide in further cooling of cottage cheese curd for improved keeping quality.

(3) Reconstituted non-fat dry milk for cottage cheese manufacture need not be repasteurized provided it is reconstituted within 2 hours prior to the time of setting. Skim milk separated from pasteurized whole milk need not be repasteurized provided it is separated in equipment from which all traces of raw milk from previous operations have been removed by proper cleaning and sanitizing.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.704 Reconstituting Dry Milk

(1) Non-fat dry milk must be reconstituted in a sanitary manner, preferably by the use of a centrifugal pump and funnel arrangement. It must be reconstituted within 2 hours of the time of setting, using water which is free from viable pathogenic or otherwise harmful microorganisms as well as microorganisms which may cause spoilage of cottage cheese.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.705 Containers

(1) Containers used for packaging cottage cheese must be any commercially acceptable multiple use or single service container or packaging material which will satisfactorily protect the contents through the regular channels of trade without significant impairment of quality with respect to flavor or contamination under normal conditions of handling. Caps or covers which extend over the lip of the container must be used on all cups or tubs containing 2 pounds or less to protect the product from contamination during subsequent handling.

(2) The cheese must be packaged in a sanitary manner and automatic filling and capping equipment should be used on all small sizes. Hand filling and capping should be limited to larger containers which cannot be filled and capped mechanically. The containers must be check weighed during the filling operation to assure they are filled uniformly to not less than the stated net weight on the container.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.706 General Identification

(1) Bulk packages containing cottage cheese must be adequately and legibly marked with the name of the product, net weight, name and address of the manufacturer, lot number, code or date of packaging, and any other identification as may be required. Consumer size packaged products must be legibly marked with the name of the product, net weight, name and address of the manufacturer or distributor, code or date of packaging, and any other identification as may be required.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.707 Storage

(1) Cottage cheese after packaging must be promptly stored at a temperature of 45° F. or lower to maintain quality and condition until loaded for distribution. During distribution and storage prior to sale, the product should be maintained at a temperature of 45° F. or lower. The product may not be exposed to foreign odors or conditions such as drippage or condensation that might cause package or product damage. Packaged cottage cheese may not be placed directly on floors.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Subchapter 32.9.8 Additional Requirements for Plant Manufacturing, Processing and Packaging Pasteurized Process Cheese and Related Products

Mont. Admin. R. 32.9.801 Equipment and Utensils

(1) Conveyors must be constructed of material which can be properly cleaned, will not rust, or otherwise contaminate the cheese, and be main-tained in good repair.

(2) The grinders or shredders used in the preparation of the trimmed and cleaned natural cheese for the cookers must be adequate in size. Product contact surfaces must be of corrosion-resistant material, and of such construction as to prevent contamination of the cheese and to allow thorough cleaning of all parts and product contact surfaces.

(3) The cookers must be the steam jacketed or direct steam type. They must be constructed of stainless steel or other equally corrosion-resistant material. All product contact surfaces must be readily accessible for cleaning. Each cooker must be equipped with an indicating thermometer, and should be equipped with a temperature recording device. The recording thermometer stem may be placed in the cooker if satisfactory time charts are used; if not, the stem must be placed in the hotwell or filler hopper. Steam check valves on direct steam-type cookers must be mounted flush with cooker wall, be constructed of stainless steel and designed to prevent the backup of product into the steam line, or the steam line may be constructed of stainless steel pipes and fittings which can be readily cleaned. If direct steam is applied to the product, only culinary steam must be used.

(4) The hoppers of all fillers must be covered but the cover may have sight ports. If necessary, the hopper may have an agitator to prevent buildup on side wall. The filler valves and head must be kept in good repair, capable of accurate measurements.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.9.802 Operations and Operating Procedures

(1) The natural cheese must be cleaned free of all non-edible portions. Paraffin and bandages as well as rind surface, mold or unclean areas or any other part which is unwholesome or unappetizing must be removed.

(2) Each batch of cheese within the cooker, including the optional ingredients must be thoroughly commingled and the contents pasteurized at a temperature of at least 158° F. and held at that temperature for not less than 30 seconds. Care must be taken to prevent the entrance of cheese part-

icles or ingredients after the cooker batch of cheese has reached the final heating temperature. After holding for the required period of time, the hot cheese must be emptied from the cooker as quickly as possible.

(3) Containers, either lined or unlined, must be assembled and stored in a sanitary manner to prevent con-tamination. The handling of containers by filler crews must be done with extreme care and observance of personal clean-liness. Pre-forming and assembling of pouch liners and containers must be kept to a minimum and the supply rotated to limit the length of time exposed to possible contamination prior to filling.

(4) Hot fluid cheese from the cookers may be held in hotwells or hoppers to assure a constant and even supply of processed cheese to the filler or slice former. Filler valves must effectively measure the desired amount of product into the pouch or containers in a sanitary manner and cut off sharply without drip or drag of cheese across the opening. An effective system must be used to maintain accurate and precise weight control. Damaged or unsatisfactory packages must be removed from production. The cheese may be salvaged into sanitary containers and added back to cookers.

(5) Pouches, liners or containers having product contact surfaces after filling must be folded or closed and sealed in a sanitary manner, preferably by mechanical means, so as to assure against contamination. Each container, in addition to other required labeling, must be coded in such a manner as to be easily identified as to date of manufacture by lot or sub-lot number.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Chapter 32.10 Tester Licensing

Subchapter 32.10.1 Licensing Milk and Cream Graders, Weighers, and Samplers

Mont. Admin. R. 32.10.101 Definitions

(1) Milk and cream grader, weigher , or sampler means a person who grades, weighs or samples milk or cream purchased for use in milk plants or manufactured dairy products plants.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.10.102 License Required

(1) All persons receiving or purchasing milk or cream and all persons collecting milk or cream on milk and cream routes shall provide a licensed grader, weigher and sampler at each receiving station or for each route. All milk or cream purchased for use in milk plants or to be used in any manufactured dairy product in Montana must be graded by licensed graders, weighers and samplers. It is unlawful for any person to grade, weigh or sample any milk or cream to be used for processing into Grade A milk and cream or used in manufactured dairy products without first procuring a license as a grader, weigher and sampler from the department of livestock.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102 MCA
• History: IMP, 81-22-206, Eff. 12/31/72.

Mont. Admin. R. 32.10.103 Application and Fee for License

(1) Applications for a milk and cream grader, weigher and sampler license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana.

(2) A $5.00 license fee, payable to the department of livestock, must accompany the completed application form.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-206, 81-22-208 MCA
• History: Eff. 12/31/72; AMD, Eff. 7/1/73.

Mont. Admin. R. 32.10.104 License Examination

(1) Upon receipt of the completed license application form and the license fee, an authorized representative of the department of livestock, animal health division will give a performance examination to the license applicant.

(2) The performance examination will determine the applicant's qualifications to:

(a) Grade milk and cream based on organoleptic examination (sight and odor) , based on sediment content and based on bacterial estimate;

(b) Accurately weigh milk and cream;

(c) Properly collect and prepare milk and cream samples.

(3) The performance examination test results will be recorded on the examination form provided by the department by the authorized representative of the department of livestock.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-206 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.10.105 Qualifying for License

(1) The license applicant shall demonstrate ability to grade milk and cream by organoleptic examination, sediment content and bacterial tests. He shall demonstrate ability to accurately weigh milk and cream; and properly collect milk and cream samples for required tests. Upon receipt of the examiner's report recording the license applicant's ability to accurately perform the requirements herein stated to qualify for a license, the license will be issued.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-206, 81-22-208 MCA
• History: Eff. 12/31/72; AMD Eff. 7/1/73.

Mont. Admin. R. 32.10.106 Annual License Renewal

(1) A milk and cream grader, weigher and sampler license expires December 31 of each year. The license must be renewed by the first January 31 following the date of license expiration as follows:

(a) Receipt of a completed application form supplied by the department of livestock, animal health division; and

(b) Receipt of the $5.00 license renewal fee.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-206, 81-22-208 MCA
• History: Eff. 12/31/72; AMD Eff. 7/1/73.

Subchapter 32.10.2 Licensing of Milk and Cream Testers

Mont. Admin. R. 32.10.201 Definitions

(1) "Milk and cream tester" means a person who conducts tests on milk or cream for butterfat, protein, solids or other components when such milk or cream is bought and paid for on the basis of the value of butterfat, protein, solids or other component content.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-205
• History: Eff. 12/31/72.

Mont. Admin. R. 32.10.202 License Required

(1) All persons who perform any butterfat, protein, solids or other component content test where milk or cream is bought and paid for on the basis of such value must obtain a license from the department of livestock, animal health division. (History: Secs. 81-2-102, 81-22-102 MCA;

IMP

, Secs. 81-2-102, 81-22-102, 81-22-205; Eff.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-205
• History: Eff. 12/31/72.

Mont. Admin. R. 32.10.203 Application and Fee for License

(1) Applications for a milk and cream tester's license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana.

(2) A $10.00 license fee, payable to the department of livestock, shall accompany the completed application form.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-205
• History: Eff. 12/31/72.

Mont. Admin. R. 32.10.204 License Examination

(1) Upon receipt of the completed license application form and the $10.00 license fee, an authorized representative of the department of livestock, animal health division will give a tester's performance examination to the license applicant.

(2) The tester's performance examination will determine that the applicant has approved apparatus and reagents available to conduct the tests, satisfactorily follows accepted procedures in conducting the tests; and obtains accurate results. The performance examination test results will be recorded on the examination form provided by the department by the authorized representative of the department of livestock.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-205
• History: Eff. 12/31/72.

Mont. Admin. R. 32.10.205 Qualifying for License

(1) A license applicant shall demonstrate to the examiner that he uses only approved laboratory equipment and reagents, conducts the tests by accepted procedures, and demonstrates accuracy of test results on 5 milk and/or 5 cream split samples tested by him and by the diagnostic laboratory bureau, animal health division, department of livestock to qualify for a license. The examiner shall observe the testing of 5 milk and/or 5 cream samples, record the applicant's results, and forward the identical split samples to the diagnostic laboratory bureau for comparative test results to determine accuracy. The results for accuracy must be within acceptable standards of deviation on all samples.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-205
• History: Eff. 12/31/72.

Mont. Admin. R. 32.10.206 Annual License Renewal

(1) A milk and cream tester's license expires December 31 of each year. The license must be renewed by the first January 31 following the date of license expiration as follows:

(a) Receipt of a completed application form supplied by the department of livestock, animal health division;

(b) Receipt of the $10.00 license renewal fee;

(c) An official report of 5 milk and/or cream split samples tested by the renewal applicant and the diagnostic laboratory bureau, animal health division, department of livestock within the immediate past year showing all 5 renewal applicant test results within acceptable standards of deviation.

History

• Authorizing statute(s): Secs. 81-2-102, 81-22-102 MCA
• Implementing statute(s): Secs. 81-2-102, 81-22-102, 81-22-205
• History: Eff. 12/31/72.

Chapter 32.12 Eggs

Subchapter 32.12.1 General Provisions

Mont. Admin. R. 32.12.101 Definitions

In this chapter

(1) "Administrator" means the administrator of the animal health division, department of livestock.

(2) "Department" means the animal health division, department of livestock or its authorized representatives.

(3) "Ultimate consumer" means a householder, his family and non-paying guests.

(4) "Premises" means a place where eggs are produced, graded and/or sold house-to-house; however, this definition may not be in conflict with the Egg Products Inspection Act of the U.S. department of agriculture.

(5) "Egg product" means eggs which are broken from the shell and processed.

(6) "Leaker" means an individual egg that has a crack or break in the shell and shell membrane to the extent that the egg content is exuding or free to exude through the shell.

(7) "Check" means an individual egg that has a broken shell or crack in the shell but has its shell membranes intact and contents not leaking.

(8) "Loss egg" means an individual egg that is in-edible, smashed or broken so that the contents are leaking, cooked, frozen, contaminated or defined in section 81-20-205 MCA.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.102 Labeling of Consumer-Size Containers

(1) All eggs sold in consumer-size containers must be labeled in accordance with the Montana Food, Drug and Cosmetic Act and the Fair Packaging and Labeling Act as adopted and as may be amended.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.103 Size of Certificate of Candling

(1) The certificate required by section 81-20-204 MCA must be printed on cards or sheets of paper not smaller in size than 2 3/8 inches by 4 1/4 inches.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-204 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.104 Eggs Defined Unfit for Human Consumption

(1) Eggs defined and described as follows are deemed unfit for human food and may not be sold, offered or exposed for sale for human consumption.

(a) "Addled" or "white rot" means an egg that is putrid or rotten.

(b) "Moldy" means an egg which, through improper care, has deteriorated so that mold spores have formed within the egg.

(c) "Blood spot" is a spot of blood in excess of 1/8 inch in aggregate and which adheres to the yolk of the egg.

(d) "Black rot" means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance.

(e) "Blood ring" means an egg in which the germ has developed to such an extent that blood is formed.

(f) "Adherent yolk" means an egg in which the yolk has become fastened to the shell.

(g) "Incubated egg" shall include eggs which have been subjected to incubation, whether natural or artificial, for more than 48 hours.

(h) "Bloody white" means an egg with a general reddish appearance due to blood mixed through it and which egg may show spots of blood floating in the white.

(i) "Meat spot" means that the egg has a speck of foreign matter adhering to the yolk or floating in the white.

(j) An egg that is smashed or broken so that the contents are leaking.

(k) Eggs which are otherwise unwholesome or adulterated as such term is defined pursuant to the Federal Food, Drug and Cosmetic Act.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-204 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.105 Condition of Sale for Checked Shell Eggs

(1) Checked shell eggs may not be sold on or off premises to hospitals, institutions, nursing homes, convalescent homes, retirement homes, schools, whether privately or governmentally owned; or to food purveying establishments subject to licensing by the Montana department of health and environmental sciences, such as but not limited to, bakeries, restaurants, cafes, drive-ins, food manufacturing establishments; or to private clubs, organizations, churches or church groups when members, the public and/or non-members and guests are served food.

(2) Checked shell eggs may be sold to a breaking plant approved by the department or for non-human food purposes to an animal-food processing plant in accordance with the Egg Products Inspection Act of the U.S. department of agriculture.

(3) Checked shell eggs may be sold on the premises to the ultimate consumer only when conforming to the requirements of the Egg Products Inspection Act of the U.S. department of agriculture; and as follows:

(a) Each container of eggs sold, offered or exposed for sale must have a label printed on the container, inserted into the container or by other means attached to the container advising the consumer that the eggs are being sold only for cooking and baking purposes where the cooking temperatures will reach or exceed 165°F. Each label must contain the words "checked shell" and "ungraded"; and the printing on each label shall be clean, clear and of such size print so as to be easily read by the consumer.

(b) The label and/or container may not have on or in it any words, phrase or graphic material which might tend to mislead the purchaser or consumer that the eggs have been inspected by the department and/or that they have been candled or graded.

(c) All references on the containers to size, grade, freshness and seals or imprint seals must be obliterated prior to sale to the consumer.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.106 Adulterating Shell Eggs and Egg Products

(1) No person may adulterate eggs and/or egg products except with department-approved non-toxic substances or colorings and then only for purposes of making them inedible for humans or for rechanneling such eggs and egg products into an animal-food processing plant.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.107 Regrading Shell Eggs

(1) All eggs and egg products produced and/or sold in the state of Montana may be regraded by an official representative of the department at any place where they are produced, processed, held, kept, sold, or offered or intended for sale in order to ascertain compliance with the rules contained in this chapter.

(2) Eggs and egg products which are not in compliance with the rules contained in this chapter may be ordered returned to the supplier by the official representative of the department. The supplier must be notified in writing by the official representative of the department why the eggs are being returned.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.108 Shell Eggs Imported Into Montana

(1) All candled and graded eggs imported into the state of Montana must comply with quality, grade and weight standards of these rules and must be inspected and passed by a licensed Montana egg grader.

(2) All wholesalers and retailers of imported eggs shall sell them from the container in which he received them; or may transfer said eggs to other containers or cartons labeled in accordance with requirements contained in ARM 32.12.102.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.109 Federal-State Poultry Grading Service – Shell Eggs

(1) The department shall charge fees and expenses for shell egg grading, auditing, and regulatory services as stipulated in the Cooperative Agreement between the Agricultural Marketing Service of the United States Department of Agriculture and the department.

History

• Authorizing statute(s): 81-1-102, 81-2-102, 81-2-104, 81-20-101, MCA
• Implementing statute(s): 81-1-102, 81-2-102, 81-2-104, 81-20-101, 81-20-201, MCA
• History: NEW, 2020 MAR p. 591, Eff. 3/28/20.

Subchapter 32.12.2 Montana Standards For Quality Of Individual Shell Eggs

Mont. Admin. R. 32.12.201 Applicability, Candling Procedure

(1) The Montana standards for quality of individual shell eggs contained in this sub-chapter are applicable only to eggs that are the product of the domesticated chicken hen and in the shell.

(2) Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light, except as otherwise provided in sub-chapter 3. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determination of the interior quality of shell eggs. It is desirable to break-out an occasional egg and by determining the Haugh unit value of the broken-out egg, compare the broken-out and candled appearance, thereby aiding in correlating candled and broken-out appearance.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.202 Terms Descriptive of the Shell

(1) A "clean" shell is a shell that is free from foreign material and from stains or discolorations that are readily visible.

(2) A "dirty" shell is an unbroken shell that has dirt or foreign material adhering to its surface, which has prominent stains, or has moderate stains covering more than 1/4 or the shell surface.

(3) A "check egg" is an individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A check is considered a lower quality than a dirty.

(4) A "practically normal" (AA or A quality) shell is a shell that approximates the usual shape and that is of good, even texture and strength and is free from rough areas or thin spots. Slight ridges and rough areas that do not materially affect the shape, texture and strength of the shell are permitted.

(5) A "slightly abnormal" (B quality) shell is a shell that may be somewhat unusual in shape or that may be slightly faulty in texture or strength. It may show definite ridges but no pronounced thin spots or rough areas.

(6) An "abnormal" (C quality) shell is a shell that may be decidedly misshapen or faulty in texture or strength or that may show pronounced ridges, thin spots, or rough areas.

An egg may be considered clean if it has only very small specks or stains, if such stains or specks are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs which show traces of processing oil on the shell are considered clean unless otherwise soiled.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.203 Terms Descriptive of Air Cell

(1) The "depth of air cell" (air space between shell membranes, normally in the large end of the egg) is the distance from its top to its bottom when the egg is held air cell upward.

(2) A "practically regular" (AA or A quality) air cell is an air cell that maintains a practically fixed position in the egg and shows a fairly even outline with not more than 2/8 inch movement in any direction as the egg is rotated.

(3) A "free air cell" (B or C quality) is an air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

(4) A "bubbly air cell" (B or C quality) air cell is a ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.204 Terms Descriptive of the White

(1) A "clear" white is a white that is free from discoloration or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies, such as spots and blood clots.)

(2) A "firm" (AA quality) white is a white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to the broken-out egg, a firm white has a Haugh unit value of 72 or higher when measured at a temperature between 45°F. and 60°F.

(3) A "reasonably firm" (A quality) white is a white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of 60 to 72 when measured at a temperature between 45°F. and 60° F.

(4) A "slightly weak" (B quality) white is a white that is lacking in thickness or viscosity to an extent that causes the yolk outline to appear well defined when the egg is twirled. With respect to a broken-out egg, a slightly weak white has a Haugh unit value of 31 to 60 when measured at a temperature between 45°F. and 60°F.

(5) A "weak and watery" (C quality) white is a white that is thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to the broken-out egg, a weak and watery white has a Haugh unit value lower than 31 when measured at a temperature between 45°F. and 60°F.

(6) "Blood clots and/or spots" (not due to germ development) are blood clots or spots on the surface of the yolk or floating in the white. These blood clots may have lost their characteristic red color and appear as small spots or foreign material commonly referred to as meat spots. If they are small (aggregating not more than 1/8 inch in diameter) , the egg may be classified as C quality. If larger, or showing diffusion of blood in the white surrounding them, the egg must be classified as a loss.

(7) A "bloody white" is an egg, the white of which has blood diffused through it. Such a condition may be present in new-laid eggs. Eggs with bloody whites are classified as a loss.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.205 Terms Descriptive of the Yolk

(1) An "outline slightly defined" (AA quality) yolk is a yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

(2) An "outline fairly well defined" (A quality) yolk is a yolk outline that is discernable but not clearly outlined as the egg is twirled.

(3) An "outline well defined" (B quality) yolk is a yolk outline that is quite definite and distinct as the egg is twirled.

(4) An "outline plainly visible" (C quality) yolk is a yolk outline that is clearly visible as a dark shadow when the egg is twirled.

(5) A "slightly enlarged and slightly flattened" (B quality) yolk is a yolk in which the yolk membranes and tissues have weakened somewhat causing it to appear slightly enlarged and slightly flattened.

(6) An "enlarged and flattened" (C quality) yolk is a yolk in which the yolk membranes and tissues have weakened and moisture has been absorbed from the white to such an extent that it appears definitely enlarged and flat.

(7) A "practically free from defects" (AA or A quality) yolk is a yolk that shows no germ development but may show other very slight defects on its surface.

(8) A "definite but not serious defects" (B quality) yolk is a yolk that may show definite spots or areas on its surface but with only slight indication of germ development or other pronounced or serious defects.

(9) An "other serious defects" (C quality) yolk is a yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible.

(10) A "clearly visible germ development" (C quality) yolk is a yolk in which the development of the germ spot of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

(11) "Blood due to germ development" is blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.206 Aa Quality

The shell must be clean, unbroken and practically normal. The air cell may not exceed 1/8 inch in depth and be practically regular. The white must be clear and at least reasonably firm so that the yolk is only slightly defined when the egg is twirled before a candling light. The yolk must be practically free from apparent defects.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.207 A Quality

The shell must be clean, unbroken and practically normal. The air cell may not exceed 3/16 inch in depth and must be practically regular. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.208 B Quality

The shell must be unbroken and may be slightly abnormal and may show slight stains but no adhering dirt, provided that the stains do not appreciably detract from the appearance of the egg. When the stain is localized, approximately 1/32 of the shell surface may be slightly stained, and when the slightly stained areas are scattered, approximately 1/16 of the shell surface may be slightly stained. The air cell may not exceed 3/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and may be slightly weak so the yolk outline is well defined when the egg is twirled before the candling light. The yolk may appear slightly enlarged and slightly flattened and may show other definite, but not serious, defects.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.209 C Quality

The shell must be unbroken, may be abnormal and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/4 of the shell surface. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/8 inch in depth and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged, and flattened, and may show visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood clots or spots (aggregating not more than 1/8 inch in diameter) may be present.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Subchapter 32.12.3 Special Grades: Fresh Fancy Quality Grade Mark, Fresh Fancy AA Grade Mark, Grade A Mark

Mont. Admin. R. 32.12.301 Fresh Fancy Quality or Fresh Fancy Aa Grades: Minimum Requirements of Procurement and Distribution

(1) Each packing station or plant must have a satisfactory procurement and distribution program including, but not limited to, the following requirements at the farm and retail store level as applicable.

(2) Eggs from each flock must be packed separately and the shipping cases marked so as to facilitate segregation at the packing station. A flock consists of birds not varying in age by more than 60 days. In operations with a continuous replacement procedure, such as in cage operations, birds must be grouped together in accordance with the above requirement.

(3) Eggs must be gathered from the nest at least twice and preferably three times daily.

(4) All eggs must be cleaned in accordance with the applicable provisions of ARM 32.12.605. Eggs may be treated by oil dipping, oil spraying, or oil-emulsion spraying; provided, that methods used will not cause objectionable cloudiness in the whites. Oil treating and cleaning operations must be in compliance with the sanitary requirements of ARM 32.12.604.

(5) Eggs must be cooled promptly after gathering to 50°F. or below and held at a reasonably constant temperature not to exceed 55°F. and at a relative humidity of approxi-mately 70%. Notwithstanding the foregoing, the temperature of the eggs may rise to 70°F. during washing and packaging operations provided the eggs are moved promptly to a cooler or are transported at a temperature of 50°F, or below.

(6) Eggs must be transported and handled under such conditions as will prevent sweating and at a temperature of 55°F. or below; or at 60°F. or below when not held in excess of 4 hours.

(7) The temperature at which the eggs are held and displayed at the retail store may not exceed 55°F.

(8) Periodic checks to determine the adequacy of the production and distribution programs must be made by the department.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.302 Fresh Fancy Quality or Fresh Fancy Aa Grades: Minimum Requirements at Packaging Plants

(1) The quality factor of albumen firmness must be determined by the broken-out score, measured in Haugh units. The condition of the yolk shall be observed during such tests. The break-out test must be made every other week unless the break-out records indicate a variation in individual eggs or averages beyond that normally expected for this program, in which case the break-out must be made weekly. The test must be accomplished at the assembly plant or at the farm in the event the eggs go directly from the farm to the store. Eggs which do not meet the requirements of AA quality with respect to shell texture or shape may not be selected as part of any sample that is to be broken out and scored. Sampling, break-out testing, and maintenance of records of break-out tests must be done by or under the immediate supervision of a licensed grader.

(2) The internal temperature of the eggs may not be lower than 45°F. or higher than 60°F. at the time of making the break-out test. Eggs must be placed under refrigeration at a temperature not to exceed 50°F. and a relative humidity of approximately 70% promptly after packaging.

(3) A flock may become eligible for entry under the program when a sample of 25 eggs, drawn at random, averages 76 Haugh units or higher; or when 2 samples of 25 eggs, each drawn at random (1 sample per week for 2 consecutive weeks) , each averages 74 Haugh units or higher. Notwithstanding the foregoing, a flock may not be eligible if any sample contains more than 1 egg measuring less than 60 Haugh units. The yolk of all eggs in the sample must have well-rounded appearance with a reasonably uniform color.

(4) A flock may remain on the program, provided:

(a) A moving average of 74 Haugh units or higher is maintained;

(b) The yolks of all eggs have a well-rounded appearance with a reasonably uniform color;

(c) Not more than 1 egg in any sample of ten eggs or more measures less than 60 Haugh units.

(5) The biweekly or weekly average must be computed by averaging the results obtained when testing eggs in accordance with either part (a) or (b) of this paragraph. Samples must be drawn at random from each flock from a single shipment every 2 weeks (or weekly when required) .

(a) A sample of 10 eggs must be tested when the moving average is below 80 Haugh units and not more than 1 egg in the sample may measure less than 60 Haugh units.

(b) A sample of 5 eggs may be tested when the moving average is 80 Haugh units or above and the sample contains no eggs which measure less than 60 Haugh units. If only 1 egg measures less than 60 Haugh units, an additional 5 eggs must be tested. If this second 5-egg sample contains no eggs below 60 Haugh units, the average of the 10 eggs must be used in determining the biweekly or weekly average.

(6) The moving average must be computed by averaging the results of the latest 2 biweekly or 4 weekly (when required) Haugh unit entries of a flock.

(7) Any flock which has been on the program and is excluded for failure to meet the requirements may be reinstated by the same procedures used to originally enter a flock on the program.

(8) Eggs with clean, unbroken, practically normal shells from flocks which meet the provisions of this rule may be packaged and officially labeled as Fresh Fancy Quality or Montana Consumer Grade AA after removal of eggs containing blood and meat spots and loss eggs.

(9) Packages or sealing tapes shall bear in distinctly legible form a date stated as the "month" and "day", or the number of the "month" and "day" (i.e. "4-3" for April 3) , preceded by the letters "Exp." (for expiration) , or a statement such as "Not to be Sold After". The expiration date may not exceed 10 days from the date the eggs are packed, excluding the day of pack. The eggs must be packed within 6 days from the time they are received at the plant (not counting the day received) , or that shipment must be tested again for Haugh units and other factors to determine their eligibility for packing. Notwithstanding the foregoing, other systems of dating may be approved which accomplish the purpose of this paragraph, providing application for such system is made in writing by the applicant and concurred in by the administrator.

(10) Graders shall examine samples of packaged product as determined by official directives of the administrator. A tolerance of 5% is permitted in any combination of eggs that are of B quality or C quality with respect to shell, C quality with respect to meat or blood spots and checks. Dirties, leakers and loss eggs are not permitted.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.303 Requirements for Eggs Packaged Under Grade a Mark

Eggs packaged with the Grade A label shall meet all the provisions of ARM 32.12.301 and 32.12.302 except for the following.

(1) A flock must consist of birds located on the same farm and managed under identical supervision.

(2) A flock may be eligible for entry under the program when a sample of 25 eggs, drawn at random, averages 64 Haugh units or higher; or when 2 samples of 25 eggs, each drawn at random (1 sample per week for 2 consecutive weeks) , each averages 62 Haugh units or higher. Notwithstanding the foregoing, a flock may not be eligible if any sample contains more than 4 eggs measuring less than 60 Haugh units. The yolk of all eggs in the sample must have a well-rounded appearance with a reasonably uniform color.

(3) A flock may remain on the program provided:

(a) A moving average of 62 Haugh units or higher is maintained;

(b) The yolks of all eggs have a well-rounded appearance with a reasonably uniform color;

(c) Not more than 2 eggs in any sample of 10 eggs measure less than 60 Haugh units.

(4) The biweekly or weekly average must be computed by averaging the results obtained by testing 10 eggs from each flock every other week (or weekly when required) . Samples must be drawn at random every other week (or weekly when required) from each flock from a single shipment. Notwithstanding the foregoing, 5 eggs may be used as the sample size when the moving average is such that the flock would qualify under the provisions of ARM 32.12.301 and 32.12.302.

(5) A tolerance of 5% is permitted in any combination for C quality with respect to shell, meat or blood spots and checks. Dirties, leakers and loss eggs are not permitted.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Subchapter 32.12.5 Grades And Weight Classes For Shell Eggs In Lot Quantities

Mont. Admin. R. 32.12.501 Montana Grades and Weight Classes for Shell Eggs

(1) These grades are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. Reference to these standards to the term "case" means 30 dozen eggs per case as used in commercial practices in the United States. A minimum number of 100 eggs must be examined per sample case. For lots which consist of less than 1 case, a minimum of 50 eggs must be examined. If the lot consists of less than 50 eggs, all eggs will be examined. Whenever grading service is performed on a representative sample basis, such sample must be drawn and consist of not less than the minimum number of cases as indicated in the following table:

(2) Terms used in this sub-chapter that are defined in the Montana standards for quality of individual shell eggs (see sub-chapter 2) have the same meaning in this rule as in those standards.

(3) Aggregate tolerances are permitted within each grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading, and reasonable variations of grader's interpretation.

(4) Substitution of higher qualities for lower qualities specified is permitted.

(5) The percentage requirements for grades set forth in ARM 32.12.502 are applicable except that interior quality factors shall be determined in accordance with the requirements of sub-chapter 3 when the lot is labeled "Produced and Marketed Under Federal-State Quality Control Program".

(6) "No grade" means eggs of possible edible quality that fail to meet the requirements of an official Montana grade or that have been contaminated by smoke, chemicals, or other foreign material which has seriously affected the character, appearance, or flavor of the eggs.

MINIMUM NUMBER OF CASES, RANDOMLY SELECTED, COMPRISING

A REPRESENTATIVE SAMPLE

Cases in Lot Cases in Sample

1 Case.................................................................................................................................................. 1

2 to 10 Cases, inclusive..................................................................................................................... 2

11 to 25 " ............................................................................................................................ 3

26 to 50 " ............................................................................................................................ 4

51 to 100 " ........................................................................................................................... 5

101 to 200 " ........................................................................................................................... 8

201 to 300 " ........................................................................................................................... 11

301 to 400 " ........................................................................................................................... 13

401 to 500 " ........................................................................................................................... 14

501 to 600 " ........................................................................................................................... 16

For each additional 50 cases, or fraction thereof, in excess of 600 cases, 1 additional case must be included in the sample.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.502 Montana Consumer Grades and Weight Classes for Shell Eggs

(1) Grades.

(a) Fresh fancy quality shall consist of eggs meeting the requirements as set forth in ARM 32.12.301 and 32.12.302.

(b) Montana grade AA.

(i) Montana consumer grade AA at origin must consist of eggs which are 85% AA quality. Within the maximum tolerance of 15% which may be below AA quality, not more than 5% may be B quality, C quality or checks in any combination. No dirties or loss eggs are permitted. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.301 and 32.12.302.

(ii) Montana consumer grade AA at destination must consist of eggs which are 80% AA quality. Within the maximum tolerance of 20% which may be below AA quality, not more than 5% may be B quality, C quality or checks in any combination, and not more than 0.5% leakers or dirties in any combination. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.301 and 32.12.302.

(c) Montana grade A.

(i) Montana consumer grade A at origin must consist of eggs which are 85% A quality or better. Within the maximum tolerance of 15% which may be below A quality, not more than 5% may be C quality or checks in any combination. No dirties or loss eggs are permitted. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.303.

(ii) Montana consumer grade A at destination must consist of eggs which are 80% A quality or better. Within the maximum tolerance of 20% which may be below A quality, not more than 5% may be C quality or checks in any combination, and not more than 0.5°% leakers or dirties in any combination. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.303.

(d) Montana grade B.

(i) Montana consumer grade B at origin must consist of eggs which are 85% B quality or better. Within the maximum tolerance of 15% which may be below B quality, not more than 10% may be checks. No dirties or loss eggs are permitted.

(ii) Montana consumer grade B at destination must consist of eggs which are 80% B quality or better. Within the maximum tolerance of 20% which may be below B quality, not more than 10% may be checks and not more than 0.5% leakers or dirties in combination.

(e) Additional tolerances.

(i) In lots of two or more cases:

(A) For grade AA. No individual case may exceed 10% less AA quality eggs than the minimum permitted for the lot average.

(B) For grade A. No individual case may exceed 10% less A quality eggs than the minimum permitted for the lot average. For grade B. No individual case may exceed 10% less B quality eggs than the minimum permitted for the lot average.

(ii) In lots of 2 or more cartons, no individual carton may contain less than 8 eggs of the specified quality and no individual carton may contain less than 10 eggs of the specified quality and the next lower quality. The remaining 2 eggs may consist of a combination of qualities below the next lower quality (i.e., in lots of grade A, not more than 2 eggs of the qualities in individual cartons within the sample may be C or checks.)

(2) Weight classes.

(a) The Montana consumer grades and weight classes for shell eggs are as indicated in the following table and shall apply to all consumer grades.

MONTANA CONSUMER GRADES AND WEIGHT CLASSES FOR SHELL EGGS SIZE OR WEIGHT CLASS | MINIMUM NET WEIGHT PER DOZEN | MINIMUM NET WEIGHT PER 30 DOZEN | MINIMUM WEIGHT FOR INDIVIDUAL EGGS AT RATE PER DOZEN | (Ounces) | (Pounds) | (Ounces) Jumbo................. | 30............ | 56...... | 29......... Extra Large........ | 27.............. | 50 1/2.... | 26........ Large.................. | 24 ............ | 45 ..... | 23........ Medium............... | 21 ............ | 39 1/2.... | 20........ Small................... | 18 ............ | 34 ..... | 17........ Peewee.............. | 15 ............ | 28 ..... | --........

(b) A lot average tolerance of 3.3% for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds 5%.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.503 Montana Procurement Grades and Weight Classes for Shell Eggs

(1) Montana procurement grade I.

(a) Montana procurement grade I at origin must consist of eggs which are 85% A quality or better. Within the maximum of 15% which may be below A quality, not more than 5% may be of the qualities below B. The maximum tolerance of 5% may be of C quality, not more than 3% checks and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.15%.

(b) Montana procurement grade I at destination must consist of eggs which are 80% A quality or better. Within the maximum of 20% which may be below A quality, not more than 5% may be of the qualities below B. The maximum tolerance of 5% may consist of C quality, not more than 3% checks and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.20%.

(2) Montana procurement grade II.

(a) Montana procurement grade II at origin must consist of eggs which are 65% A quality or better. Within the maximum of 35% which may be below A quality, not more than 10% may be of the qualities below B. The maximum tolerance of 10% may consist of C quality, not more than 3% checks, and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.15%.

(b) Montana procurement grade II at destination must consist of eggs which are 60% A quality or better. Within the maximum of 40% which may be below A quality, not more than 10% may be of the qualities below B. The maximum tolerance of 10% may consist of C quality, not more than 3% checks, and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.20%.

(3) Individual cases may contain not over 10% less A quality eggs than specified for the procurement grade.

(4) The weight classes for Montana procurement grades for shell eggs are as indicated in the following table and shall apply to all procurement grades.

MONTANA PROCUREMENT GRADES AND WEIGHT CLASSES FOR SHELL EGGS WEIGHT CLASSES | AVERAGE NET WEIGHT ON LOT BASIS 30-DOZEN CASE | MINIMUM NET WEIGHT INDIVIDUAL 30-DOZEN CASE | MINIMUM NET WEIGHT OF INDIVIDUAL EGGS AT RATE PER DOZEN | MAXIMUM AVERAGE PERCENT OF INDIVIDUAL EGGS BELOW MINIMUM WEIGHT LOT AVERAGE* | (Pounds) | (Pounds) | (Ounces) | (Percent) Extra Large .. | 50.5....... | 50.......... | 26..... | 3.33 Large........ | 45......... | 44.5........ | 23..... | 3.33 Medium....... | 39.5....... | 39.......... | 20...... | 3.33 Small........ | 34......... | 33.5........ | 17....... | 3.33

*Individual cases may contain not over 10% of individual eggs below minimum weights specified in any weight class but such eggs shall weigh not less than the minimum specified for the next lower weight class.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.504 Montana Wholesale Grades and Weight Classes for Shell Eggs

(1) Grades.

(a) Montana specials --- % AA quality must consist of eggs of which at least 20% are AA quality. The actual percentage of AA quality eggs must be stated in the grade name. Within the maximum of 80% which may be below AA quality, not more than 7.5% may be B quality, C quality, dirties or checks in any combination and not more than 2.0% may be loss.

(b) Montana extras --- % A quality must consist of eggs of which at least 20% are not less than A quality. The actual total percentage of A quality and better quality eggs must be stated in the grade name. Within the maximum of 80% which may be A quality, not more than 11.7% may be C quality, dirties, or checks in any combination, and not more than 3.0% may be loss.

(c) Montana standards --- % B quality must consist of eggs of which at least 20% are not less than B quality. The actual total percentage of B quality and better quality eggs must be stated in the grade name. Within the maximum of 80% which may be below B quality, not more than 11.7% may be dirties or checks in any combination and not more than 4% may be loss.

(d) Montana trades --- % C quality must consist of eggs of which at least 83.3% are not less than C quality. The actual total percentage of C quality and better quality eggs must be stated in the grade name. Within the maximum of 16.7% which may be below C quality, not more than 11.7% may be dirties or checks in any combination and not more than 5% may be loss.

(e) Montana dirties must consist of eggs that are dirty and may contain not more than 11.7% checks and not more than 5% loss.

(f) Montana checks must consist of eggs that are checks and may contain not more than 5% loss.

(2) Weight classes. The weight classes for the Mon-tana wholesale grades for shell eggs are as indicated in the following table and, subject to the stated tolerance of 10%, apply to all wholesale grades except Montana dirties and Montana checks. There are no weight classes for Montana dirties and Montana checks.

WEIGHT CLASSES FOR MONTANA WHOLESALE GRADES OF SHELL EGGS

WEIGHT CLASSES | PER 30-DOZEN EGGS | WEIGHTS FOR INDIVIDUAL EGGS AT RATE PER DOZEN AVERAGE NET WEIGHT ON A LOT* BASIS | MINIMUM NET WEIGHT INDIVIDUAL CASE** BASIS | MINIMUM WEIGHT | WEIGHT VARIATION TOLERANCE FOR NOT MORE THAN 10% BY COUNT, OF INDIVI- DUAL EGGS Extra Large... | At Least 50½ pounds | 50 pounds | 26 ounces | Under 26 but not under 24 ounces Large... | 45 pounds | 44 pounds | 23 ounces | Under 23 but not under 21 ounces Medium... | 39½ pounds | 39 pounds | 20 ounces | Under 20 but not under 18 ounces Small... | 34 pounds | None | None | None

* Lot means any quantity of 30-dozen or more eggs.

**Case means standard 30-dozen egg case as used in commercial

practice in the United States.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Subchapter 32.12.6 Facility Requirements

Mont. Admin. R. 32.12.601 General Requirements for Buildings and Plant Facilities

(1) Buildings must be of sound construction so as to prevent, insofar as practicable, the entrance or harboring of vermin.

(2) Grading and packing rooms must be of sufficient size to permit installation of necessary equipment and the conduct of grading and packing in a sanitary manner.

(3) Adequate lavatory and toilet accommodations must be kept in a reasonably clean and sanitary condition. Hot and cold running water must be provided. Toilet rooms must be vented to outside the building. Signs must be posted in the rest rooms instructing employees to wash their hands before returning to work.

(4) A separate refuse room or a designated area for the accumulation of trash must be provided in plants which do not have a system for the daily removal or destruction of such trash. All waste containers must be of the covered type and be kept closed when not in use.

(5) Wood benches, platforms, etc., in areas which are subjected to moisture and which develop odors must be replaced with equipment of impervious, easily cleanable construction. Wood walls or partitions which develop odors must be replaced with materials impervious to moisture. Newly constructed plants must be equipped with metal benches, platforms, etc., in areas subjected to moisture.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.602 Grading Room Requirements

(1) The grading and candling room must be adequately darkened to make possible accurate quality determination of the candled appearance of eggs.

(2) There may be no crossbeams of light, and reflections from candling lights must be kept to a minimum.

(3) Candling benches must be constructed so as to permit cleaning and shall provide ample shelf space for convenient placement of different grades to be packed.

(4) The candling lights must be capable of delivering a reasonably uniform intensity of light at the candling aperture to facilitate accurate quality determinations; and

the light shall provide ample case light for detection of stained and dirty shells and the condition of the packing material. In operations utilizing mechanical grading equipment, adequate light must be provided for determinations including the detection and removal of stained and dirty shells and the condition of the packing material.

(5) Individual, accurate egg scales must be provided to check the accuracy of weight classing.

(6) Weighing equipment, whether automatic or manual, must be kept clean and be capable of ready, accurate adjustment.

(7) Adequate ventilation must be provided.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.603 Cooler Room Requirements

(1) Cooler rooms must have refrigeration facilities capable of reducing within 24 hours and holding the maximum volume of eggs handled to a temperature of 55°F. or below. Thermometers, accurate to

(2) Cooler rooms must be free from objectionable odors, dirt and pooled wastes.

(3) All shell egg coolers must be equipped with a hygrometer or portable equipment, such as a psychrometer, and be available to determine relative humidity. Humidifying equipment capable of maintaining a relative humidity which will minimize shrinkage and condensation on the eggs must be provided when necessary.

2°F., must be provided.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.604 Shell Egg Protecting Operations

(1) Shell egg protecting (oil processing) operations must be conducted in a manner to avoid contamination of the product and maximize conservation of its quality.

(2) Eggs with excess moisture on the shell may not be shell protected.

(3) Oil having an "off odor" or that is obviously contaminated may not be used in shell egg protection.

(4) Processing oil that has been previously used and which has become contaminated must be filtered and heat-treated at 180°F. for 3 minutes prior to use.

(5) Shell egg processing equipment must be washed, rinsed and treated with a bactericidal agent each time the oil is removed. It is preferable to filter and heat-treat processing oil and clean processing equipment daily when in use.

(6) Adequate coverage and protection against dust and dirt must be provided when equipment is not in use.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.605 Shell Egg Cleaning Operation

(1) Shell egg cleaning equipment must be kept in good repair and operating condition and must be cleaned after each day's use or more frequently if necessary. Mineral deposits must be removed, either manually or by de-liming agents, when necessary.

(2) Waste water from the egg washing operation shall go directly to the drain.

(3) Continuous-type washers must have a complete water change at least once during each shift and at the end of each shift, or more frequently if considered necessary.

(4) Wash water used must be at least 20°F. warmer than the eggs. The minimum maintained temperature of the wash water must be 90°F. The 20°F. differential must be maintained throughout the cleaning cycle. Pre-wetting by submersion may not exceed 5 minutes.

(5) During any rest period, eggs must be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a build-up of heat.

(6) Only approved cleaning and sanitizing compounds may be used. The use of metered equipment for dispensing the compounds into solution is recommended.

(7) The entire shell egg cleaning and drying operation must be continuous and must be completed as rapidly as possible.

(8) Only potable water may be used to wash eggs. Each plant shall submit a copy of official water tests from the Montana department of health and environmental sciences annually to the administrator showing that the water supply is potable. An analysis of the iron content of the water supply, stated in parts per million, is also required. Cross connections between private and public water supplies are prohibited unless approved in writing by the Montana department of health and environmental sciences. New or replaced egg washers must be designed and installed to prevent back-siphonage.

(9) Potable water or rinse water over-flow must be added continuously to recirculated wash water for inline-type washers so as to provide a continuous over-flow. When equipment, other than inline-type washers, has no continuous intake and over-flow, the wash water must be replaced at such intervals so as to keep wash water reasonably clean after each basket or container of eggs is washed.

(10) All washed eggs must be effectively sanitized in warm, potable water which contains an approved sanitizing compound in approved concentrations.

(11) Washed eggs must be reasonably dry before cartoning or casing.

(12) When steam or vapors originate from the washing operation, they must be continuously and directly removed to outside the building. Wash and rinse water pumps must be wired so as to shut off whenever there is an interruption or stopping of the conveyor.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.606 Requirements for Eggs Which Are to Be Marked with Official Montana Identification Mark

(1) Shell eggs, except as otherwise provided in sub-chapter 3 and those graded from commercial cold storage, may not be below 40°F. or above 70°F. at the time of official grading. Eggs held in a plant must be placed under refrigeration at 50°F. or below promptly after packaging.

(2) Every reasonable precaution must be exercised to prevent sweating of eggs.

(3) Shell eggs must be packaged only in new or good, clean used cases and packing materials. Cases and packing materials must be visibly clean, free of mold, mustiness and off-odors and must be of sufficient strength and durability to adequately protect eggs during normal distribution.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.607 Use of Pesticides

(1) Pesticides, insecticides and rodenticides used in the plant must be approved and shall be stored, handled and applied in accordance with the manufacturer's instructions.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.608 Health and Hygiene of Personnel

(1) No person known to have a communicable or infectious disease may come in contact with eggs or egg products.

(2) Plant personnel coming in contact with eggs and egg products shall wear clean, washable clothing.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-207 MCA
• History: Eff. 12/31/72.

Subchapter 32.12.10 Licensing Egg Graders

Mont. Admin. R. 32.12.1001 Definitions

In this sub-chapter

(1) "Candling" means the careful examination in a partially dark room or place of the whole egg by means of a strong light.

(2) "Grader" means a person who determines, with the assistance of candling, the quality and size of eggs in accordance with Montana laws and rules.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Secs. 81-20-203, 81-20-207 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.1002 Application and Fee for License

(1) Applications for a grader's license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana 59601.

(2) A $5.00 license fee, payable to the department of livestock, must accompany the completed application form.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-201 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.1003 License Examination

(1) Upon receipt of the completed license application form and the license fee, and authorized representative of the department of livestock, animal health division will give a written and performance examination to the license applicant.

(2) The written examination will determine the license applicant's knowledge of egg quality and size standards established by Montana law and department of livestock, animal health division rules.

(3) The performance examination will determine the license applicant's ability to candle and grade eggs.

(4) A license applicant must obtain a grade of 80% or higher on the written examination and not exceed a deviation of + 5% on the performance examination to qualify for an egg grader's license.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-201 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.12.1004 Annual License Renewal

(1) An egg grader's license expires March 31 each year after the year of issuance. The license may be renewed as follows:

(a) Receipt of a completed application form supplied by the department of livestock, animal health division; and

(b) Receipt of the $5.00 license renewal fee.

History

• Authorizing statute(s): Sec. 81-20-207 MCA
• Implementing statute(s): Sec. 81-20-201 MCA
• History: Eff. 12/31/72.

Chapter 32.15 Marketing of Livestock

Subchapter 32.15.1 Livestock Markets

Mont. Admin. R. 32.15.101 Operation of the Market

(1) Each market must be operated in such a manner as to provide for free and competitive bidding on the purchase and sale of all livestock.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.15.102 Records to Be Kept

(1) Each licensed market or livestock video auction shall keep and maintain a complete and accurate record of all animals purchased and sold, including description of the animal, name of person selling or offering for sale, date of sale, and the name of the person to whom sold. Licensed markets shall also record any brand or brands carried.

(2) Each licensed market or livestock video auction shall keep and maintain business records showing the following information:

(a) The names of the owners or persons having an interest in the market or livestock video auction.

(b) The names of the managers or operators of the market or livestock video auction.

(c) The names of the owners of the premises upon which the market is located if different than the owners of the licensed market; if a corporation, the names of the directors, officers, and the stockholders, showing their interest in the corporation.

(d) Any contracts or leases executed in connection with the operation of the market or livestock video auction.

(e) The type of organization used in operating the market or livestock video auction and the members thereof.

(f) If a corporation, the names of the directors, officers, and the stockholders, showing their interest in the corporation.

(3) Records and information must be available for inspection and examination by any authorized agent of the Department of Livestock, Brands Enforcement Division and must be submitted by the licensee upon request. All records used in the purchase and sale of livestock and all records required by this rule must be kept and maintained by the licensed market or livestock video auction for a period of not less than 5 years.

History

• Authorizing statute(s): 81-8-231, MCA
• Implementing statute(s): 81-8-231, 81-8-251, 81-8-264, 81-8-271, MCA
• History: Eff. 12/31/72; AMD, 2024 MAR p. 728, Eff. 4/13/24.

Mont. Admin. R. 32.15.103 Certificates

(1) All certificates issued by the Montana department of livestock, brands-enforcement division, are a personal privilege to the licensee, and such certificate, or any interest therein, cannot be transferred to or acquired by any other person or organization without the approval of the Montana department of livestock, brands-enforcement division.

(2) The licensee of each licensed market has a personal and non-delegable responsibility to operate and maintain the market in accordance with the laws of the state of Montana, the laws of the United States, and the rules of the Montana department of livestock, brands-enforcement division.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.15.104 Changes in Operation of Market

(1) The owner of a licensed livestock market must immediately notify the department of livestock of any changes in ownership, management, control, operation, the regular sale day or location of the market. All changes are subject to the prior approval of the department of livestock.

(2) Changes which result in ownership or control of the market passing to persons not already approved by the department of livestock to operate the market may be given approval only after public hearing before the department of livestock.

(3) All other changes may be approved without a public hearing, provided that whenever the board of livestock deems it in the interest of the livestock industry, the board may order a public hearing to be held.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72; AMD, Eff. 4/4/77.

Mont. Admin. R. 32.15.105 Procedures for Obtaining Departmental Approval of Market Changes

(1) All requests for approval of changes in the ownership, management, control, operations, regular sale day, or location of a livestock auction market must be submitted to the department of livestock by written petition setting forth the facts of the changes and requesting departmental approval. Any necessary supporting data may be submitted as attachments to the petition.

(a) In the event that a change in ownership or control is involved, supporting data must include:

(i) Current financial statements of the market and of those persons acquiring ownership or control, prepared by a certified public accountant or a licensed public accountant; and

(ii) Executed copies of any contracts bearing on the change of ownership or control.

(b) In the event that the changes involve a relocation of the market facility supporting data must include:

(i) A detailed copy of construction plans of the new facility; and

(ii) Proof that the new location and construction plans have been approved by the water quality bureau, Montana department of health and environmental sciences, and meet any other regulatory requirements which may be applicable.

(2) The department may require such other information and documents relating to the change as it deems necessary.

(3) In the event that a hearing is required under ARM 32.15.104, at least 10 days notice must be given to all persons who are recipients of notice under section 81-8-252 MCA, and to all persons who have previously advised the department in writing of their interest in such matters. A copy of the notice must be posted at the market in a conspic-ious place easily accessible to the public for a period of not less than 10 days before the hearing.

(4) A hearing held under this sub-chapter must be conducted according to the contested case provisions of the Montana Administrative Procedures Act and any rules promulgated thereunder.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): 81-8-231 MCA
• History: NEW, Eff. 4/4/77.

Mont. Admin. R. 32.15.106 Financial Reports

(1) Each livestock market shall file with the Montana department of livestock, brands-enforcement division, an annual financial report reflecting a current statement of its assets and liabilities and a current statement of its annual income and expense at the time required for payment of its annual license fee. A copy of the annual report required to be filed by each such livestock market under the Packers and Stockyards Act is deemed sufficient for such purpose.

(2) Upon request by a specifically authorized agent of the Montana department of livestock, brands-enforcement division, each licensed market shall submit an accurate and current financial report on the operation of the market and of the current assets and liabilities of the licensed market.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.15.107 Review of Bond Requirements

(1) The Montana department of livestock, brands-enforcement division shall annually review the bond of any licensed market and increase or decrease the amount of the bond required in the operation of the market.

(2) Any market aggrieved by a department ordered change in its bonding requirements may request a hearing before the department by written petition. Such a hearing must be conducted as a contested case under the Montana Administrative Procedures Act.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: AMD, Eff. 4/4/77.

Mont. Admin. R. 32.15.108 Custodial Accounts

(1) Each livestock market shall keep and maintain a "custodial account" in a separate bank account. All proceeds from sales at a licensed market shall be placed in the "custodial account". Such funds must be disbursed to the persons entitled thereto.

(2) A licensed market shall keep such necessary records or accounts as to disclose the handling of the "custodial account" and the same shall be open to inspection by specifically authorized and qualified agents of the Montana department of livestock, brands-enforcement division.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.15.109 Scope of Business of Market

(1) A licensed market must be conducted at all times as a public livestock market separate and apart from any other business.

(2) Any business such as a livestock grower or feeder, dealer, order buyer or auctioneer must be conducted separate and distinct from that of the licensed market, with books and records reflecting that condition.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.15.110 Livestock Market Yard Regulations

(1) Every licensed market shall keep and maintain the separate identity of the animals at the market.

(2) All livestock entering such a market enclosure for sale must be checked in to the operator of the market at the time of delivery of the livestock. A list of the livestock offered for sale must be furnished in triplicate showing the number, sex, and holding brand of all livestock offered for sale, and the time that such livestock is checked in at the market. One copy must be furnished to the state stock inspector, one copy placed on the gate of the pen in which such livestock is placed for inspection, and one copy retained and filed by the livestock market.

(3) All livestock entered into a licensed market must be placed in pens and be kept separate by ownership until inspected by the state stock inspector and released. Livestock which has not been inspected cannot be placed in pens containing stock that has already been inspected without authority from the state stock inspector. There must be a check-in ticket or copy thereof in the true owner's name on each pen, and if more than one pen is used for a separate consignment each pen must be listed on the original check-in ticket.

(4) All livestock yarded after sale for an individual purchaser must be placed in pens and be kept separate by ownership until inspected by the state stock inspector and released for removal from the market area. It is the duty of the market operator to furnish the brand inspector the pen number and the number of animals in each pen and the name of purchaser. All animals must be made available by the market operator for inspection. After sale, all livestock must be kept separate by ownership until removal from the market area. A copy of the purchase order, showing the name or names of the consignor, the number of animals and their weight, must be delivered to the inspector before release of the animals purchased. Transfers of ownership must be shown on the purchase order as made after sale.

(5) No cattle or horses delivered to a livestock market for sale may be sold until inspected by the stock inspector, and no cattle or horses may be removed from the premises of the livestock market until clearance has been issued by the stock inspector.

(6) The operator of a licensed market or market agency must furnish necessary help to assist stock inspectors in handling livestock to be inspected for brands prior to sale or removal from market area.

(7) All livestock consigned to a licensed market must be checked in, penned and sold in the true owner's name, and all net proceeds must be paid to such owner except for valid liens and mortgages against the property sold.

(8) Fully modern, regularly maintained and serviced and accurately operated livestock scales must be provided by each livestock market for the determination of accurate weights from which total prices paid for livestock sold are computed.

(a) Competent, experienced and qualified weighmen shall do the actual weighing of all livestock.

(b) Cattle sold for individual owners or for the Montana department of livestock, brands-enforcement division must be weighed in the true owner's name and according to brands as shown by stock inspector's tally, unless sold by the head.

(9) No deductions may be made on estrays or livestock held for any service other than the regular market charges without the authority of the stock inspector.

(10) Proceeds from the sale of cattle or horses ordered paid to the Montana department of livestock, brands-enforcement division may be held by the market agency not longer than 30 days in cases where title to such stock is not clear at time of sale.

(11) Each licensed market shall have good and adequate facilities to operate an auction market consistent with the volume of such business and shall keep and maintain the facilities of the market in good, clean operating condition and must repair such facilities as from time to time may be necessary, and comply with the rules of the Montana department of livestock, animal health division.

(12) "Feed only" or "yard only" livestock not delivered on consignment, must at all times be "checked in" and be kept in separate pens and be in the control of the licensee. Such animals may not be mixed with consigned cattle and are subject to inspection by the Montana department of livestock, brands-enforcement division. Such animals may be released by the market owner only upon approval of the livestock inspector.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72.

Mont. Admin. R. 32.15.111 Construction

(1) No rule as adopted may be construed as limiting or abrogating any authority or powers granted by law to the Montana department of livestock, brands-enforcement division but is deemed to be support thereof.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: Eff. 12/31/72.

Subchapter 32.15.2 Animal Health Requirements For Livestock Markets

Mont. Admin. R. 32.15.201 Definitions

In this sub-chapter:

(1) "Consignor pens" means pens in which animals are placed and held prior to being sold.

(2) "Outbuyer pens" means pens in which animals are placed and held after they have been sold.

History

• Authorizing statute(s): Secs. 81-2-102, 81-8-231 MCA
• Implementing statute(s): Secs. 81-2-102, 81-8-231 MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75.

Mont. Admin. R. 32.15.202 Proper Construction Requirements: Areas to Be Concreted: Drainage

(1) Properly constructed loading and unloading chutes, and holding pens must be provided for the humane, sanitary, and efficient handling of livestock.

(2) The surface of all loading pens, all unloading pens, all cattle-testing chutes and testing-holding pens, all pens in which swine are held for any purpose, all quarantine pens, and all alleyways adjacent to paved pens in the consignor and outbuyer areas must be covered with concrete or other acceptable impervious material.

(3) The surface area of sufficient consignor pens must be covered with concrete or other acceptable impervious material to provide 25 square feet of pavement or other acceptable impervious material per animal, which must be determined by multiplying 25 square feet by the average number of animals at each sale held the last 4 months of the year for the past 3 years.

(4) The surface of sufficient outbuyer pens must be covered with concrete or other acceptable impervious material to equal at least 20% of the surface area of the consignor pens.

(5) The surface area of the consignor pens in a new market must be covered with concrete or other acceptable impervious material shall be determined by multiplying 25 square feet by the number of animals expected to be sold on an average sale day the last 4 months of the year.

(6) The surface area of outbuyer pens in a new market must be covered in the amount equal to at least 20% of the area designated in (5) .

(7) Sufficient alleyways must be covered with concrete or other acceptable impervious material arranged adjacent to pens covered with concrete or other acceptable impervious material, so that livestock can enter and leave the auction market and at all times be on surfaces covered with concrete or other impervious material.

(8) All loading, unloading, and holding pens, alleyways, and entire yard area must be adequately drained.

(9) Automatic float control or other acceptable control must be provided for all water troughs or tanks, to avoid overflow creating unsanitary conditions.

History

• Authorizing statute(s): Secs. 81-2-102, 81-8-231 MCA
• Implementing statute(s): Secs. 81-2-102, 81-8-231, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75.

Mont. Admin. R. 32.15.203 Veterinary Inspection Facilities

(1) Adequate facilities must be provided for the handling, testing, dipping, or treating of diseased or exposed animals when handling, testing, dipping, or treating is required by the Montana Department of Livestock.

(2) Proper chutes and sufficient help so that animals may be properly and thoroughly examined, treated, and segregated, must be provided.

(3) Office space with adequate facilities for the deputy state veterinarian to make necessary tests and reports, keep necessary tests and reports, and keep necessary equipment and materials, must be provided by each livestock market.

History

• Authorizing statute(s): 81-2-102, 81-8-231, MCA
• Implementing statute(s): 81-2-102, 81-8-231, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.15.204 Quarantine Pens

(1) A suitable quarantine pen, or pens, located in a portion of the yard approved by a representative of the Montana department of livestock, animal health division, must be provided in each livestock market. The top rail of the gate of each quarantine pen must be painted with a solid yellow color and have painted upon it the words "QUARANTINE PEN" in black letters at least 6 inches in height. Water and feed will be provided and will not be shared by non-quarantined animals.

(2) Animals placed in the quarantine pen may be released from such pen only upon permission of a representative of the Montana department of livestock, animal health division.

History

• Authorizing statute(s): Secs. 81-2-102, 81-8-231 MCA
• Implementing statute(s): Secs. 81-2-102, 81-8-231, 81-8-215 MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 1996 MAR p. 2300, Eff. 8/23/96.

Mont. Admin. R. 32.15.205 Sanitation

(1) All livestock markets must be kept in a clean and sanitary manner.

(2) Breeding places for flies or other insects must be prevented. Flies and other insects must be kept under control.

(3) Following the completion of each day's sale, the sale ring, entering and exit alleyways, must be thoroughly cleaned. If considered necessary by a representative of the Montana department of livestock, animal health division, they must also be disinfected. If considered necessary by a representative of the Montana department of livestock, animal health division, holding pens must also be cleaned and disinfected.

(4) All livestock markets shall provide adequate facilities for washing and disinfecting any conveyance used for transporting livestock.

History

• Authorizing statute(s): Secs. 81-2-102, 81-8-231 MCA
• Implementing statute(s): Secs. 81-2-102, 81-8-231 MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff 11/4/75.

Mont. Admin. R. 32.15.206 Closure of Pen, Alleyway, or Other Section of Market

(1) When a pen, alleyway or any section of a market becomes filthy, or is considered deleterious to animal health, it must be ordered closed and be placarded by a representative of the Montana department of livestock, animal health division. The placard must read: "CLOSED. THIS PEN UNFIT FOR YARDING LIVESTOCK. BY ORDER OF THE MONTANA DEPARTMENT OF LIVESTOCK, ANIMAL HEALTH DIVISION." The use of such pen, alleyway or section of yard must be discontinued until it has been put in satisfactory sanitary and physical condition, and the placard removed by a representative of the Montana department of livestock, animal health division.

History

• Authorizing statute(s): Secs. 81-2-102, 81-8-231 MCA
• Implementing statute(s): Secs. 81-2-102, 81-8-231 MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. ll/4/75.

Mont. Admin. R. 32.15.207 Handling of Animals Found to Be Diseased or Condemned

(1) All animals determined to be brucellosis reactors as the result of an official test, reactors to the tuberculin test, animals found diseased or condemned by the Montana department of livestock, animal health division or the United States department of agriculture, or animals affected with or suspected of being affected with actinomycosis, cancer eye or any infectious or contagious disease entering a market must immediately be placed in a quarantine pen, and may not be sold through or run through the sale ring until after all healthy animals are sold that day or until they are released from the quarantine pen by a representative of the Montana department of livestock, animal health division.

(2) Animals which are determined to be brucellosis reactors as the result of an official test for brucellosis performed at a licensed livestock market must be handled pursuant to and in accordance with provisions of ARM.

(3) Animals which are determined to be brucellosis suspects, or brucellosis exposed animals, as the result of an official test for brucellosis performed at a licensed livestock market must be handled pursuant to and in accordance with the provisions of ARM 32.2.425.

(4) Condemned or diseased animals may not be sold or offered for sale except for immediate slaughter under official supervision by a duly appointed state or federal meat inspector, and may not be removed from the market except upon written permit by a representative of the Montana department of livestock, animal health division.

(5) Condemned or diseased animals may not be diverted enroute but must be shipped direct for immediate slaughter to the consignee designated on the Montana department of livestock, animal health division representative's written shipping release.

(6) Condemned or diseased animals for which indemnity is to be paid must be handled and sold in such a manner as not to invalidate the owner's claim for indemnity.

History

• Authorizing statute(s): Secs. 81-2-102, 81-8-231 MCA
• Implementing statute(s): Secs. 81-2-102, 81-8-231, 81-8-215 MCA
• History: Eff. 12/31/72; EMERG AMD, Eff. 8/15/75; AMD, Eff. 11/4/75.

Mont. Admin. R. 32.15.208 Duties of State-Appointed Market Veterinarians

(1) A deputy state veterinarian provided at the expense of the livestock market, but authorized by the Montana Department of Livestock, Animal Health Division must inspect all livestock coming into livestock markets, make and keep records of the proper disposition of any animal showing evidence of disease or any animal condemned by the Montana Department of Livestock or the United States Department of Agriculture, and determine the brucellosis status of all female cattle and bulls.

History

• Authorizing statute(s): 81-2-102, 81-8-231, MCA
• Implementing statute(s): 81-2-102, 81-8-231, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 8/15/75; AMD, Eff. 11/4/75; AMD, 1981 MAR p. 359, Eff. 4/20/81; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.15.209 Veterinary Fees

(1) The fees for health certification for interstate shipment and for necessary tests or vaccinations will be paid by the owner of the livestock.

History

• Authorizing statute(s): 81-2-102, 81-8-231, MCA
• Implementing statute(s): 81-2-102, 81-8-231, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 2014 MAR p. 1096, Eff. 5/23/14.

Mont. Admin. R. 32.15.210 Persons Authorized to Test, Vaccinate, or Issue Health Certificates

(1) The issuing of health certificates, necessary testing, and vaccinating may be done by either the veterinarian representing the Montana Department of Livestock, Animal Health Division, or by another deputy state veterinarian.

History

• Authorizing statute(s): 81-2-102, 81-8-231, MCA
• Implementing statute(s): 81-2-102, 81-8-231, MCA
• History: Eff. 12/31/72; EMERG, AMD, Eff. 11/4/75; AMD, 2010 MAR p. 2974, Eff. 12/24/10.

Mont. Admin. R. 32.15.211 Market Responsibility

(1) Each market is responsible for ensuring that all livestock sales are held in compliance with the disease control regulations of the Montana department of livestock, animal health division.

History

• Authorizing statute(s): Sec. 81-2-102 MCA
• Implementing statute(s): Sec. 81-2-102 MCA
• History: NEW, 1981 MAR p. 688, Eff. 7/17/81.

Subchapter 32.15.6 Brand-Mortgage Filings

Mont. Admin. R. 32.15.601 Brand Mortgages

(1) A brand mortgage (lien) covering branded livestock must be filed with the Department of Livestock.

(a) Brand mortgages apply to cattle with Montana brands only.

(b) A brand mortgage may be referred to as a notice of security agreement

or lien on branded livestock.

(2) A fee must be paid to the department by every person filing a brand mortgage, assignment, renewal, or termination for each brand listed.

(3) There are two ways to file a brand mortgage:

(a) all brand owners of the brand sign the brand mortgage papers; or

(b) by Writ of Execution directing the mortgage be placed on the brand to enable the department to comply with a court order.

(4) A notice of continuation (assignment) signed by the new brand owners, and the filing fee must be sent to the department to complete a name change on a brand mortgage.

(5) A notice of termination plus the filing fee must be filed with the department immediately upon satisfaction to terminate a brand mortgage.

History

• Authorizing statute(s): 81-8-304, MCA
• Implementing statute(s): 81-8-304, MCA
• History: NEW, 1977 MAR p. 263, Eff. 9/1/77; AMD, 1979 MAR p. 585, Eff. 6/15/79; AMD, 1983 MAR p. 738, Eff. 7/1/83; AMD, 2003 MAR p. 1289, Eff. 6/27/03; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.15.602 Renewal Requirements

(1) Brand mortgages and assignments must be renewed every five years commencing on January 1, 1983 and every five years thereafter.

(2) Renewal requirements are:

(i) a completed notice of continuation of brand mortgage; and

(ii) the appropriate filing fee paid to the department.

(3) The mortgage will be terminated if not renewed prior to the deadline.

History

• Authorizing statute(s): 81-8-304, MCA
• Implementing statute(s): 81-8-304, MCA
• History: NEW, 1977 MAR p. 263, Eff. 9/1/77; AMD,1979 MAR p. 585, Eff. 6/15/79; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Subchapter 32.15.7 Association And Test Station Sales

Mont. Admin. R. 32.15.701 Definitions

In this sub-chapter

(1) "Person" means an association, corporation, partnership, or other business unit or arrangement, or a natural person. When used in the singular the plural is included.

(2) "Board" means the board of livestock provided for in 2-15-3102, MCA.

(3) "Association sale" means a sale of livestock by auction or similar method sponsored by a livestock association. It includes an association organized on a geographic basis made up of livestock producers who collectively produce more than one breed of livestock.

(4) "Test station sale" means a sale of livestock by auction or similar method from a place where livestock are taken to measure rates of gain under uniform feeding conditions when that place is not owned by the owner of the livestock.

(5) "Management firm" means a person with whom the association or test station sponsoring a sale has contracted

to conduct the sale. Management services include but are not

limited to receipt and disbursement of funds received for the sale of livestock.

(6) "Custodial account" means a demand account established in a Montana bank licensed under state or federal law into which all proceeds from the sale of livestock at a

sale covered by these rules must be placed for prompt disbursement, after proper charges have been subtracted, to consignors selling livestock at the sale.

(7) "Livestock" means cattle, horses, sheep and swine.

History

• Authorizing statute(s): Sec. 81-8-214 MCA
• Implementing statute(s): Sec. 81-8-214 MCA
• History: NEW, Eff. 4/1/76.

Mont. Admin. R. 32.15.702 Permit Required to Conduct Association Test Station Sale-Exceptions

(1) A person desiring to conduct an association or test station sale after June 1, 1976, shall obtain prior approval from the board by submitting a completed application requesting a permit to conduct such a sale. Application forms are available from the department of livestock and must be submitted to the department at least 60 days prior to the date of the sale.

(2) Private production or dispersion sales with less than three guest consignors, 4H, future farmers of America sales do not require a permit under this sub-chapter.

(3) An association or test station sale conducted in or by a Montana licensed livestock auction market, when all sale proceeds are handled through the market's custodial account, is exempt from the provisions of these rules.

History

• Authorizing statute(s): Sec. 81-8-214 MCA
• Implementing statute(s): Sec. 81-8-214 MCA
• History: NEW, Eff. 4/1/76.

Mont. Admin. R. 32.15.703 Conditions Under Which a Permit Will Be Issued

To obtain a permit to conduct an association or test station sale the following conditions must be agreed to and performed by the applicant:

(1) A custodial account must be established and all proceeds from the sale of livestock and cashed entry fees must be deposited therein to be disbursed to consignors after proper charges have been deducted;

(2) A list of the types of all charges which will or could be imposed on consignors and a description of all rules of the sale including breed registration requirements must be given to consignors at or before the time of consignment;

(3) If the sale is to be conducted by a management firm which will have access to the custodial account or otherwise handle proceeds of the sale the association or test station sponsoring the sale must require the management firm to secure a bond, in an amount set by the board, conditioned upon the prompt payment of sale proceeds to consignors to the sale. The bond must be obtained from a firm licensed to issue such bonds in Montana. The bond must be registered with the board;

(4) All consignors must be paid the full sale price of their livestock sold at the sale, less any proper charges, as soon as possible and not later than 30 days after the

date of sale. When a consignor has failed to meet sale requirements regarding livestock registration or health of which he has been informed at or prior to the time of consignment, payment to him may be made after registration and health requirements have been met and thereafter be paid as soon as possible; and

(5) The person conducting the sale shall comply with all applicable statutes, rules and orders relating to animal health, brand inspection, and the movement of livestock.

History

• Authorizing statute(s): Sec. 82-8-214 MCA
• Implementing statute(s): Sec. 81-8-214 MCA
• History: NEW, Eff. 4/1/76.

Subchapter 32.15.8 Montana Beef Research and Marketing Act

Mont. Admin. R. 32.15.801 Authorized Tax and Beginning Date

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-8-803 MCA
• Implementing statute(s): Sec. 81-8-804 MCA
• History: NEW, 1981 MAR p. 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.15.802 Assessment Method

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-8-803 MCA
• Implementing statute(s): Sec. 81-8-804 MCA
• History: NEW, 1981 MAR p. 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.15.803 Payment Dates

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-8-803 MCA
• Implementing statute(s): Sec. 81-8-804 MCA
• History: NEW, 1981 MAR 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.15.804 Refund of Tax

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-8-803 MCA
• Implementing statute(s): Sec, 81-8-804 MCA
• History: NEW, 1981 MAR 1933, Eff. 1/1/82; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Subchapter 32.15.9 Livestock Dealer Requirements

Mont. Admin. R. 32.15.901 Notice of Change of Employment Status

(1) All livestock dealers who employ agents must immediately notify the department of livestock of any changes in employment status relative to those agents.

(a) Failure to notify the department of livestock of any change in employment status may constitute a violation serious enough to initiate and invoke the provisions of 81-8-273 and 81-8-274 , MCA.

History

• Authorizing statute(s): Sec. 81-8-231 MCA
• Implementing statute(s): Sec. 81-8-231 MCA
• History: NEW, 1989 MAR p. 1845, Eff. 11/10/89.

Chapter 32.18 Branding and Inspection

Subchapter 32.18.1 Branding

Mont. Admin. R. 32.18.101 Hot Iron Brands Required

(1) Under the brand laws of the state only hot iron brands will be recognized by the Department of Livestock, Brands Enforcement Division on all livestock, with the exception that freeze brands may be applied to:

(a) horses, mules, or asses; and

(b) cattle only as provided in ARM 32.18.109.

(2) The hot iron or freeze brand must peel or heal to be valid for ownership.

(3) Fresh brands shall not be used to transfer ownership without bill of sale to prove ownership.

(4) A bill of sale may also be required to prove ownership of livestock with multiple brands.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, MCA
• History: Eff. 12/31/72; AMD, 1990 MAR p. 150, Eff. 10/26/90; AMD, 2007 MAR p. 1679, Eff. 10/26/07; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2013 MAR p. 966, Eff. 6/7/13.

Mont. Admin. R. 32.18.102 Age Tally Mark

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, MCA
• History: Eff. 12/31/72; AMD, 2012 MAR p.1257, Eff. 6/22/12; AMD, 2014 MAR p. 1276, Eff. 6/13/14; REP, 2017 MAR p. 907, Eff. 6/24/17.

Mont. Admin. R. 32.18.103 Numeral Mark

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, MCA
• History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 2012 MAR p. 1257, Eff. 6/22/12; AMD, 2014 MAR p. 1276, Eff. 6/13/14; REP, 2017 MAR p. 907, Eff. 6/24/17.

Mont. Admin. R. 32.18.104 Placement of Digits

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, MCA
• History: Eff. 12/31/72; AMD, 2012 MAR p. 1257, Eff. 6/22/12; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2014 MAR p. 1276, Eff. 6/13/14; REP, 2017 MAR p. 907, Eff. 6/24/17.

Mont. Admin. R. 32.18.105 Brand Ownership and Transfer

(1) Brand ownership is valid only if the owner's name is recorded in the department.

(2) Multiple names may be recorded in the following manner only: "x and y" or "x or y."

(a) The designation "and/or" is not acceptable.

(b) A brand recorded in "x and y" designates tenancy in common.

(c) A brand recorded in "x or y" designates joint tenancy with right of survivorship.

(d) A non-natural person (e.g., corporation, limited liability company, trust, etc.) cannot own a brand in joint tenancy with right of survivorship. All brand recordings with multiple owners where at least one owner is not a natural person are held in tenancy in common.

(3) A brand may be transferred only if the signatures of all recorded owners appear on the transfer whether or not "and" or "or" is between the names.

(4) In order to own a Montana brand, a corporation, limited liability company, limited liability partnership, trust, or any other business that is required to be registered with the office of the Montana Secretary of State must be registered with the Secretary of State.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, 81-3-102, 81-3-103, MCA
• History: NEW, 1983 MAR p. 739, Eff. 7/1/83; AMD, 2012 MAR p. 1257, Eff. 6/22/12; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2026 MAR, Notice No. 2026-43, Eff. 5/23/26.

Mont. Admin. R. 32.18.106 Sale of Branded Livestock

(1) Except as provided in (3), all tenants in common must sign the bill of sale for livestock bearing a brand recorded in tenancy in common.

(2) Except as provided in (3), at least one joint tenant must sign the bill of sale for livestock bearing a brand recorded in joint tenancy with right of survivorship.

(3) Brand owners may designate any natural person as an agent authorized to transfer livestock bearing the brand.

(a) Agent designations must be made on the certificate of brand recording and must be signed by all brand owners at the time of the designation.

(b) All brand recordings listing an owner that is not a natural person (e.g., corporation, limited liability company, trust, etc.) must designate at least one natural person as the agent of the non-natural person owner.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, 81-3-105, MCA
• History: NEW, 1983 MAR p. 739, Eff. 7/1/83; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2026 MAR, Notice No. 2026-43, Eff. 5/23/26.

Mont. Admin. R. 32.18.107 Change in Brand Recording

(1) Once the department has begun processing a recording of a brand, any changes proposed to the original application will be considered a new application and an additional fee will be charged.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, 81-3-107, MCA
• History: NEW, 1983 MAR p. 739, Eff. 7/1/83; AMD, 2012 MAR p. 1257, Eff. 6/22/12; AMD, 2013 MAR p. 1342, Eff. 7/26/13; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.18.108 Equine Breed Registry Mark

(1) A nationally or internationally recognized equine breed registry mark made on equine animals to designate a specific equine breed shall not be recorded as a brand, but may be recognized for breed identification purposes.

(a) Any official equine breed organization, association, or registry's designated registry mark is acceptable for placement on an equine animal located in or brought into Montana.

(2) An equine breed registry mark is not proof of ownership, but merely identification of breed.

(a) All equine animal owners must comply with Montana ownership branding statutes and rules.

(3) Equine breed registry marks are allowed on equine animals only, and not on any other type of livestock.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, MCA
• History: NEW, 2004 MAR p. 1397, Eff. 6/18/04; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.18.109 Freeze Branding

(1) Freeze branding of cattle is allowed under the following conditions:

(a) all freeze brands must be recorded by the department;

(b) in order to record a freeze brand, the owner must have a hot iron brand recorded by the department;

(c) the freeze brand must be identical in design and location to the owner's hot iron brand;

(d) the freeze brand will be recorded on the same certificate; and

(e) freeze brands can only be transferred with the hot iron brand.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, MCA
• History: NEW, 2012 MAR p. 1257, Eff. 6/22/12; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2018 MAR p. 648, Eff. 3/31/18; AMD, 2021 MAR p. 1675, Eff. 11/20/21.

Mont. Admin. R. 32.18.110 Recording and Transferring of Brands

(1) Brand fees are set by the Board of Livestock and all Montana brands must be issued through the brand recording office.

(a) Except for seasonal market, feedlot, or location brands which will be issued by department district or state inspectors only.

(2) New brands:

(a) livestock and ornamental:

(i) application forms are available on the department web site, at the brand office in Helena, and at brand offices located in livestock auction yards.

(ii) The application and appropriate fee must be submitted to the brand recorder for processing.

(b) The brand recorder shall process livestock and ornamental applications in the following manner:

(i) deposit the fee;

(ii) check for conflicts;

(iii) issue an available brand, or if none of the applicant's submissions are available, check a similar brand for conflicts and offer it as an alternative option.

(iv) The applicant must accept or decline the alternative option in writing within ten working days of the date on the option letter.

(v) If the applicant's reply is received after the offer deadline it will be considered a new application, must be rechecked for conflicts, and will require an additional new brand fee.

(vi) The refund policy applies to livestock, ornamental, and seasonal brands for going to grass:

(A) fifty percent of the fee to record or transfer a brand is nonrefundable;

(B) if the applicant fails to respond to the brand recording office for a period of more than six months, the entire brand recording fee becomes nonrefundable.

(3) Seasonal brands for going to grass:

(a) applications are available only at the Helena brand office; and

(b) will be processed by the brand recorder in the same manner as new mark or brand applications.

(4) Seasonal brand for a feedlot, market, or location (allowing other state brand to be applied in Montana):

(a) will be issued only by a district or state inspector and only if the following conditions are met:

(i) the owner of the out-of-state brand shall provide proof of current brand ownership;

(ii) the application will be completed and, if a seasonal brand is issued, it will be valid for 36 hours;

(iii) the livestock that are on the application will be worked off the Montana brand/Montana inspections and be destined only to the state listed on the seasonal brand application;

(iv) the seasonal brand will be noted on the movement inspection only and will have no ownership value; and

(v) the owner will be totally responsible to ensure the livestock leave the state of Montana within the 36 hours;

(b) should any livestock be found within the state of Montana without proper paperwork from the brand state it will be considered a violation of this provision, and

(i) will result in a penalty equal to the cost to investigate the matter, and

(ii) may result in no other seasonal feedlot brand applications being issued to the offender.

(5) Brand transfer requests must be submitted with the required fee and:

(a) the completed request for transfer (located on the reverse side of the official brand certificate) which must include the notarized signatures of all original owners as listed on the front of the official brand certificate;

(b) if the original owner of the transferring brand is deceased:

(i) a copy of the death certificate; and

(ii) appropriate documentation (i.e., personal representative or executor paperwork) must be provided to complete the transfer;

(c) removal of a deceased person's name from a brand held in joint ownership with right of survivorship shall require:

(i) a copy of the death certificate; and

(ii) the required fee from the surviving owner(s).

(d) to ensure that fees are commensurate with cost, owners may be charged additional fees as a result of their errors in transfer paperwork.

(6) Fees for new brands or transfers shall not be prorated.

(7) Changes to image, species, or position require submission of a new brand application and the required fee.

(8) A brand will not be held or checked for conflicts by phone.

History

• Authorizing statute(s): 81-1-102, 81-3-103, MCA
• Implementing statute(s): 81-1-102, 81-3-107, MCA
• History: NEW, 2012 MAR p. 1257, Eff. 6/22/12; AMD, 2013 MAR p. 966, Eff. 6/7/13; AMD, 2013 MAR p. 1342, Eff. 7/26/13; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2014 MAR p. 2472, Eff. 10/10/14.

Mont. Admin. R. 32.18.111 Rerecording of Brands

(1) Rerecording of brands is required each tenth year after 1921.

(a) The rerecord fee is set by the Board of Livestock.

(b) Rerecord applications and fees must be received in the brand recorder office by midnight on December 31 of the rerecord year.

(i) There is no grace period.

(2) Brands not rerecorded within the rerecord year are considered dropped by the brand owner and are no longer of record in the department.

(a) A former brand holder who failed to rerecord in the preceding rerecord year and wants the brand back must reapply and submit the required fee.

(i) Such reapplication must be treated as a new brand application and is subject to all applicable new brand restrictions and fees.

(3) Brand owners requesting transfer while rerecording their brand shall be charged a separate transfer fee.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, 81-3-107, MCA
• History: NEW, 2013 MAR p. 1342, Eff. 7/26/13; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.18.112 Special Identification Marks

(1) Special identification marks may be used on livestock as an age tally mark or as herd or individual animal identification.

(a) Marks must contain one to four numeric digits ("0-9" inclusive) and may also include a single letter ("A-Z" inclusive);

(b) Livestock must be branded with the registered brand of the livestock owner; and

(c) Marks may be applied to any location using freeze or hot iron branding methods.

(2) Special identification marks are not permitted if they create any discrepancy or confusion over livestock ownership.

(a) If ownership becomes an issue, the department will follow 81-3-204, MCA, and attempt to determine ownership.

History

• Authorizing statute(s): 81-1-102, MCA
• Implementing statute(s): 81-1-102, 81-3-204, MCA
• History: NEW, 2017 MAR p. 907, Eff. 6/24/17.

Subchapter 32.18.2 Issuance of Inspection Certificates and Transportation Permits

Mont. Admin. R. 32.18.201 Brand Inspection

(1) All livestock presented to a state stock inspector or a deputy stock inspector for a brand inspection must be inspected during daylight hours.

(a) Livestock may be inspected while on vehicles only when:

(i) the inspector can safely read all marks and brands; and

(ii) the animals are on an open truck or in a horse trailer.

(2) The inspection shall permit the movement of livestock from the place of inspection immediately to the destination shown on the inspection certificate.

(a) Diversion or off-loading of the livestock is not allowed without further inspection:

(i) except for purposes of feed or water; and

(ii) only if there is no livestock at the off-loading place with which the livestock on the vehicle can mix or mingle.

(3) The inspection certificate shall permit the movement of livestock identified thereon for no more than 36 hours after time of issue, except that a preslaughter inspection authorizing transportation to a slaughterhouse licensed under 81-9-201, MCA, shall permit movement of livestock for up to 7 days after the time of issue.

History

• Authorizing statute(s): 81-3-202, MCA
• Implementing statute(s): 81-3-203, 81-3-211, 81-3-213, 81-3-214, MCA
• History: NEW, 1977 MAR p. 263, Eff. 8/26/77; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2025 MAR, Notice No. 2025-303, Eff. 9/27/25.

Mont. Admin. R. 32.18.202 Adjoining County Grazing Permits

(1) The adjoining county grazing permit allows livestock to move for grazing purposes from the ranch of origin in Montana to a premises in an adjoining Montana county.

(2) The permit must be issued by a department employee, not a deputy stock inspector.

(a) The ranch of origin and destination premises must be owned or controlled by the livestock owner or the owner's agent. The owner or owner's agent must be authorized to grant department employees access to the destination premises to inspect any livestock that are present while the permit is in effect.

(b) Permits are valid for eight months after the issue date.

(c) Only one permit may be issued for an animal or group of animals in any 12-month period.

(d) For the purpose of obtaining an adjoining county grazing permit, livestock must be branded with a Montana brand recorded to the owner of the livestock, unless the animal is classified as a virgin breeding female or a nursing calf.

(e) Requests for permits may be denied if previous permits have been suspended.

(f) A grazing association may impose conditions on such permits including a requirement that livestock be individually inspected prior to entering or leaving the common grazing area.

(3) Grazing permits may be suspended if the livestock owner:

(a) provides false information on the permit;

(b) transports animals not authorized to move on a grazing permit;

(c) allows animals to leave or be removed from the destination premises and not return to the ranch of origin; and

(d) violates state or federal livestock containment, livestock inspection, or animal health regulations.

(4) If the permit is expired or suspended, or if animals are not returning to the origin premises, animals must move in accordance with 81-3-211(1) through (6)(e) and (7), MCA.

History

• Authorizing statute(s): 81-1-102, 81-3-202, MCA
• Implementing statute(s): 81-3-203, 81-3-211, MCA
• History: NEW, 1977 MAR p. 263, Eff. 8/26/77; AMD, 2005 MAR p. 1517, Eff. 8/12/05; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2018 MAR p. 648, Eff. 3/31/18; AMD, Notice No. 2025-20, Eff. 5/10/25.

Mont. Admin. R. 32.18.203 Import Transportation Permit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-3-202, MCA
• Implementing statute(s): 81-3-214, MCA
• History: NEW, 1977 MAR p. 263, Eff. 8/26/77; AMD, 2014 MAR p. 324, Eff. 2/14/14; REP, 2014 MAR p. 1276, Eff. 6/13/14.

Mont. Admin. R. 32.18.204 Livestock Market Releases

(1) Livestock consigned to a Montana licensed livestock market may be removed by either the market or a person having possession or control of the consigned livestock only after obtaining a market release issued by a Montana Department of Livestock inspector.

(a) The release shall describe the livestock for which it is issued by sex, brand, and breed.

(b) The permit is valid for 36 hours after the release is issued.

(2) Diversion from the destination shown on the release is not allowed unless

the person making the diversion has obtained either:

(a) a brand inspection; or

(b) an appropriate transportation permit authorizing movement of the livestock to the new destination.

History

• Authorizing statute(s): 81-3-202, MCA
• Implementing statute(s): 81-3-211, MCA
• History: NEW, 1978 MAR p. 1179, Eff. 8/11/78; AMD, 2011 MAR p. 2541, Eff. 11/26/11; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.18.205 Sheep Permit

(1) Removal of sheep or lambs from any Montana county or from the state requires a permit issued by a Department of Livestock state or deputy state stock inspector prior to movement.

(a) The permit must be issued on an approved department form.

(b) The owner or their agent must sign the permit and certify as to:

(i) approximate number and description; and

(ii) brands or marks, breed, and color.

(2) When used for a sheep permit, the form shall show destination within or out of the state of Montana.

(3) For those sheep leaving an auction market, the owner's account of sale purchase sheet shall constitute a sheep permit.

(4) For show purposes only within the state of Montana, an annual sheep permit is required.

(5) For grazing purposes only, a sheep permit may be issued allowing the movement of sheep from one county to an adjoining county under the following terms:

(a) only one permit is allowed in a 12-month period;

(b) permit is only valid for a period of eight months from date of issuance;

(c) permit must be issued by a state stock inspector; and

(d) permit may be used in lieu of the permit for removal required under this rule for movement across a county line.

(6) A state stock inspector may enter any premises to which sheep have been transported and inspect:

(a) any sheep moved under any sheep permit; and

(b) any sheep with which the transported sheep have commingled.

History

• Authorizing statute(s): 81-5-202, MCA
• Implementing statute(s): 81-5-112, MCA
• History: Eff. 12/31/72; AMD, 1990 MAR p. 300, Eff. 2/9/90; AMD, 2005 MAR p. 1517, Eff. 8/12/05; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.18.206 Restriction on Inspection by State Stock Inspector or Deputy State Stock Inspector

(1) State stock inspectors and deputy state stock inspectors are prohibited from inspecting livestock owned by themselves, their immediate family members, or other relatives.

(2) Any violation of this rule may cause initiation of appropriate state personnel disciplinary sanctions, which may include termination of the inspector's employment.

History

• Authorizing statute(s): 81-3-202, MCA
• Implementing statute(s): 81-3-203, MCA
• History: NEW, 2004 MAR p. 1397, Eff. 6/18/04.

Mont. Admin. R. 32.18.207 Domestic Bison Permit

(1) Removal of domestic bison from any Montana county or from the state requires a permit issued by a Department of Livestock state or deputy state stock inspector prior to movement.

(a) The permit must be issued on an approved department form.

(b) The owner or their agent must sign the permit and certify as to approximate number and description.

(c) The department form shall, when used for a domestic bison permit, show destination within or out of the state of Montana.

(d) For those domestic bison leaving an auction market, the owner's account of sale purchase sheet shall constitute a domestic bison permit.

History

• Authorizing statute(s): 81-5-202, MCA
• Implementing statute(s): 81-5-112, MCA
• History: NEW, 2001 MAR p. 2541, Eff. 11/26/11; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.18.208 Deeded Land Grazing Permits

(1) The deeded land grazing permit allows movement of cattle for grazing purposes from a Montana ranch of origin across multiple county lines to a Montana destination premises if the entire destination premises is the private deeded property of the livestock owner.

(2) An application must be submitted to and approved by the department prior to movement.

(3) For purposes of obtaining a permit, virgin breeding females and nursing calves are not required to be branded. The permit must be issued by a department employee, not a deputy stock inspector.

(a) The ranch of origin and destination premises must be owned or controlled by the livestock owner or the owner’s agent. The owner or owner’s agent must be authorized to grant department employees access to the destination premises to inspect any livestock that are present while the permit is in effect.

(b) Permits are valid for eight months after the issue date.

(c) Only one permit may be issued for an animal or group of animals in any 12-month period.

(d) For the purpose of obtaining an adjoining county grazing permit, livestock must be branded with a Montana brand recorded to the owner of the livestock, unless the animal is classified as a virgin breeding female or a nursing calf.

(e) Requests for permits may be denied if previous permits have been suspended.

(f) A grazing association may impose conditions on such permits including a requirement that livestock be individually inspected prior to entering or leaving the common grazing area.

(4) The provisions of ARM 32.18.202(2) through (4) apply.

History

• Authorizing statute(s): 81-1-102, 81-3-202, MCA
• Implementing statute(s): 81-3-203, 81-3-211, MCA
• History: NEW, 2018 MAR p. 648, Eff. 3/31/18; AMD, Notice No. 2025-20, Eff. 5/10/25.

Mont. Admin. R. 32.18.209 Acceptance of Electronic Signatures

(1) The department’s brands enforcement division will accept bills of sale signed by electronic signature.

(2) Electronic signatures referenced in (1) must meet the definition set forth in 30-18-102(9), MCA.

(3) Bills of sale signed with an electronic signature must include the name and title of the person signing electronically.

History

• Authorizing statute(s): 30-18-118, 81-3-202, MCA
• Implementing statute(s): 30-18-117, 81-3-210, MCA
• History: NEW, 2025 MAR, Notice No. 2025-303, Eff. 9/27/25.

Subchapter 32.18.3 Railroad Shipments

Mont. Admin. R. 32.18.301 Certificate to Be Attached to Waybill

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-3-202, MCA
• Implementing statute(s): Sec. 81-3-211, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.18.302 Market Locations Where Livestock Can Be Shipped by Rail Without Prior Inspection

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-3-202, MCA
• Implementing statute(s): Sec. 81-3-212, MCA
• History: Eff. 12/31/72; AMD, 1980 MAR p. 427, Eff. 2/1/80; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.18.303 Stock to Be Shipped by Railroad on Shipper's Tally Only to Market with Stock Inspector

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-3-202, MCA
• Implementing statute(s): Sec. 81-3-212, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Mont. Admin. R. 32.18.304 Shipper's Tally

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

• Authorizing statute(s): Sec. 81-3-202, MCA
• Implementing statute(s): Sec. 81-3-212, MCA
• History: Eff. 12/31/72; REP, 1996 MAR p. 1864, Eff. 7/4/96.

Subchapter 32.18.4 Marking of Beef and Veal Hides and Carcass Parts

Mont. Admin. R. 32.18.401 Brand Inspection Stamp (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-9-112, MCA
• Implementing statute(s): 81-9-112, MCA
• History: Eff. 12/31/72; REP, 2025 MAR, Notice No. 2025-303, Eff. 9/27/25.

Mont. Admin. R. 32.18.402 Hides to Be Marked

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-9-112, MCA
• Implementing statute(s): 81-9-112, MCA
• History: Eff. 12/31/72; REP, 2014 MAR p. 1276, Eff. 6/13/14.

Mont. Admin. R. 32.18.403 Quarters to Be Stamped (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-9-112, MCA
• Implementing statute(s): 81-9-112, MCA
• History: Eff. 12/31/72; REP, 2025 MAR, Notice No. 2025-303, Eff. 9/27/25.

Chapter 32.22 Vertebrate Pest Control

Subchapter 32.22.1 Aerial Hunting

Mont. Admin. R. 32.22.101 Purpose and Scope

(1) This chapter provides a system for the issuance of aerial hunting permits to protect livestock from predatory animals, and establishes the duties of permittees under the provisions of Chapter 704, Laws of Montana 1979.

(2) These rules are:

(a) not to interfere with the needs of livestock producers protecting their livestock from predation; but are

(b) to assist in the prevention and/or reduction of livestock loss from predatory animals; and

(c) to protect landowners, administrators, or lessees who do not wish aerial hunting over land under their ownership, management, or control.

History

• Authorizing statute(s): 81-7-502, MCA
• Implementing statute(s): 81-7-502, MCA
• History: NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

Mont. Admin. R. 32.22.102 Issuance of Permits

(1) Applicants for an aerial hunting permit must complete an aerial hunting application form prior to January 31 and submit with the appropriate fee. After January 31, applicants may apply under the same guidelines with no proration of fee.

(a) Application forms are available from the Department of Livestock, P.O. Box 202001, Helena, MT 59620-2001 or at www.liv.mt.gov .

(2) Applicants must provide a current certification from the Montana Aeronautics Division, Department of Transportation (AD, DOT) as proof of having met the following requirements:

(a) possessing a current pilot license from the Federal Aviation Administration (FAA), with a private pilot's license as a minimum rating;

(b) having at least 200 total flying hours;

(c) having met FAA and AD, DOT requirements for aircraft and pilots.

(3) The department may refuse to issue a permit, or revoke an existing permit, if the permit application contains false information.

(4) Montana aerial hunting permits are not required under the following:

(a) Individuals have contracted with U.S.D.A, A.P.H.I.S., Wildlife Services to provide aerial hunting services in Montana.

(b) Said contractors must obtain a permit and comply with MDOL rules when engaging in any aerial hunting not performed under the W.S. contract.

History

• Authorizing statute(s): 81-7-502, MCA
• Implementing statute(s): 81-7-502, 81-7-504, MCA
• History: NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2023 MAR p. 1189, Eff. 10/7/23.

Mont. Admin. R. 32.22.103 Duration of Permits

(1) Aerial hunting permits will be valid for a 12-month period from February 1 through January 31.

(a) Permittees must renew their permit each year;

(b) permittees must be in compliance with the rules of the department, and state and federal law;

(c) renewal will be denied if noncompliance is not corrected prior to the renewal date.

(2) Fees will not be prorated for applicants applying for less than the 12-month permit year.

History

• Authorizing statute(s): 81-7-502, MCA
• Implementing statute(s): 81-7-502, MCA
• History: NEW, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 1985 MAR p. 941, Eff. 7/12/85; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2014 MAR p. 324, Eff. 2/14/14.

Mont. Admin. R. 32.22.104 Restrictions Upon Use of Permit

(1) A permittee may engage in aerial hunting only over areas authorized by the Department of Livestock.

(a) The permittee must:

(i) show that livestock depredation has occurred or is likely to occur in the area requested in the application or an adjacent area; and

(ii) provide a signed authorization for aerial hunting from the landowner, administrator, lessee, or their agent.

(2) Only coyotes and/or foxes may be hunted as set forth in the permit.

(a) Hunting or harassment of any other animal will result in revocation of the permit.

(b) Aerial hunting of coyotes and/or foxes may occur only for the protection of livestock, domestic animals, or human life.

(c) A permit may be modified to allow the aerial hunting of other predatory animals not protected by federal law only under extraordinary circumstances.

(3) Use of an aircraft in aerial hunting is prohibited until the permittee has notified the department of that use and has provided adequate aircraft identification.

History

• Authorizing statute(s): 81-7-502, MCA
• Implementing statute(s): 81-7-502, MCA
• History: NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

Mont. Admin. R. 32.22.105 Reporting Requirements

(1) All permittees shall file semi-annual reports with the Department of Livestock on forms supplied by the department.

(a) The reports are due within 30 days after June 30 and December 31 of each year.

(2) The department may request other information or reports as needed.

History

• Authorizing statute(s): 81-7-502, MCA
• Implementing statute(s): 81-7-502, MCA
• History: NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 1012/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

Mont. Admin. R. 32.22.106 Revocation, Suspension, or Modification of Permit

(1) Failure to comply with the rules or statutes governing aerial hunting will result in suspension or revocation of the permit.

(2) The department shall close an aerial hunting area upon receipt of written request from the landowner, administrator or lessee, or their agent.

(3) Landowners, administrators, or lessees may also direct the department to modify certain permits while allowing other permits to remain in effect over land under their control.

History

• Authorizing statute(s): 81-7-502, MCA
• Implementing statute(s): 81-7-511, MCA
• History: NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

Subchapter 32.22.2 Feral Swine

Mont. Admin. R. 32.22.201 Feral Swine Mandatory Reporting

(1) Any person, including, but not limited to, landowners, tenants, or persons responsible for property oversight in Montana who knows or has reason to believe feral swine as defined in 81-29-101, MCA, are present on private or public property must report such knowledge to the Department of Livestock.

(2) The presence of feral swine must be reported by phone within 24 hours to the Department of Livestock.

(3) The Department of Livestock shall report the presence of feral swine to other state agencies with an expressed interest in the presence of feral swine.

History

• Authorizing statute(s): 81-2-102, 81-29-103, 81-29-106, MCA
• Implementing statute(s): 81-2-102, 81-29-103, 81-29-106, MCA
• History: NEW, 2016 MAR p. 223, Eff. 2/6/16.

Chapter 32.23 Milk Control Bureau

Subchapter 32.23.1 Purchase and Resale of Milk

Mont. Admin. R. 32.23.101 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-103, 81-23-402, MCA
• Implementing statute(s): 81-23-103, 81-23-402, MCA
• History: Eff. 2/5/76; AMD, Eff. 4/5/76; AMD, 1977 MAR p. 945, Eff. 11/14/77; AMD, 1982 MAR p. 1478, Eff. 7/30/82; AMD, 1982 MAR p. 1741, Eff. 10/1/82; AMD, 1983 MAR p. 1817, Eff. 12/16/83; AMD, 1984 MAR p. 969, Eff. 6/29/84; AMD, 1986 MAR p. 1183, Eff. 7/18/86; AMD, 1993 MAR p. 3016, Eff. 12/24/93; AMD, 1996 MAR p. 455, Eff. 2/9/96; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2009 MAR p. 2258, Eff. 11/26/09; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.23.102 Transactions Involving the Purchase and Resale of Milk Within the State

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-104, MCA
• Implementing statute(s): 81-23-103, 81-23-402, MCA
• History: NEW, 1993 MAR p. 3016, Eff. 12/24/93; AMD, 1996 MAR p. 455, Eff. 2/9/96; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2009 MAR p. 2258, Eff. 11/26/09; AMD, 2010 MAR p. 1477, Eff. 9/1/10; AMD, 2015 MAR p. 1908, Eff. 10/30/15; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Subchapter 32.23.2 Trade Practices

Mont. Admin. R. 32.23.201 Regulation of Unfair Trade Practices

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-104, MCA
• Implementing statute(s): 81-23-103, MCA
• History: Eff. 2/5/76; AMD, 1982 MAR p. 1741, Eff. 10/1/82; AMD, 1983 MAR p. 1817, Eff. 12/16/83; AMD, 1989 MAR p. 1196, Eff. 8/18/89; AMD, 1996 MAR p. 455, Eff. 2/9/96; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2009 MAR p. 2258, Eff. 11/26/09; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Subchapter 32.23.3 Licensee Assessments

Mont. Admin. R. 32.23.301 Licensee Assessments

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-1-102, 81-23-104, 81-23-202, MCA
• Implementing statute(s): 81-1-102, 81-23-103, 81-23-202, MCA
• History: Eff. 7/1/75; TRANS, Eff. 1/4/76; AMD, Eff. 7/1/76; AMD, Eff. 7/5/77; AMD, 1982 MAR p. 1479, Eff. 7/30/82; AMD, 1983 MAR p. 499, Eff. 5/13/83; AMD, 1984 MAR p. 501, Eff. 3/30/84; AMD, 1985 MAR p. 273, Eff. 3/29/85; AMD, 1986 MAR p. 452, Eff. 3/28/86; AMD, 1987 MAR p. 310, Eff. 3/27/87; AMD, 1988 MAR p. 712, Eff. 4/15/88; AMD, 1989 MAR p. 396, Eff. 3/31/89; AMD, 1990 MAR p. 820, Eff. 4/27/90; AMD, 1991 MAR p. 441, Eff. 7/1/91; AMD, 1993 MAR p. 400, Eff. 3/26/93; AMD, 1995 MAR p. 534, Eff. 7/1/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2003 MAR p. 1289, Eff. 6/27/03; AMD, 2003 MAR p. 2439, Eff. 10/31/03; AMD, 2004 MAR p. 2817, Eff. 11/19/04; AMD, 2005 MAR p. 2254, Eff. 11/11/05; AMD, 2009 MAR p. 144, Eff. 2/13/09; AMD, 2009 MAR p. 2258, Eff. 11/26/09; AMD, 2015 MAR p. 305, Eff. 3/27/15; AMD, 2015 MAR p. 1908, Eff. 10/30/15; AMD, 2016 MAR p. 317, Eff. 2/20/16; AMD, 2017 MAR p. 304, Eff. 7/1/17; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.23.302 Additional Producer Assessment

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-105, MCA
• Implementing statute(s): 81-23-103, MCA
• History: NEW, 1977 MAR p. 945, Eff. 11/26/77; AMD, 1982 MAR p. 1742, Eff. 10/1/82; TRANS, from Commerce, 1996 MAR p. 456; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Subchapter 32.23.4 Penalties

Mont. Admin. R. 32.23.401 Penalties

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-104, 81-23-202, MCA
• Implementing statute(s): 81-23-103, 81-23-104, 81-23-202, 81-23-204, MCA
• History: NEW, 2016 MAR p. 588, Eff. 4/9/16; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Chapter 32.24 Board of Milk Control

Subchapter 32.24.1 General Administration

Mont. Admin. R. 32.24.101 Organization of Board and Procedural Rules

(1) The organization of the Board of Milk Control is set out in chapter 1 and the procedural rules of the Board of Milk Control are set out in chapter 2.

History

• Authorizing statute(s): 81-23-103, 81-23-302 MCA
• Implementing statute(s): 2-4-201 MCA
• History: Eff. 12/31/72; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.110 Saving Clause

(1) It is the intention of the board that if any provision of this chapter, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, is not affected.

History

• Authorizing statute(s): 81-23-103, MCA
• Implementing statute(s): 81-23-103, MCA
• History: NEW, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.150 Definitions

As used in this chapter, unless the context otherwise requires, the following definitions apply:

(1) "Act" or "Milk Control Act" means the milk control laws contained in Title 81, chapter 23, MCA.

(2) "Board" means the Board of Milk Control.

(3) "Bureau" means the Milk Control Bureau of the department.

(4) "Classes of utilization." All milk subject to the Act will be classified by utilization as defined here, regardless of the location of such utilization. For purposes of classification, the ultimate utilization of milk, if unknown, may be presumed to be the reasonably expected utilization of that milk.

(a) "Class I milk" means all skim milk and butterfat:

(i) disposed of in the form of fluid milk products, except as otherwise provided in this section;

(ii) in packaged fluid milk products in inventory at the end of the month; and

(iii) in shrinkage in excess of 2% of current producer receipts and plant overages.

(b) "Class II milk" means all skim milk and butterfat:

(i) in fluid milk products in containers larger than 1 gallon and fluid cream products disposed of or diverted to a commercial food processing establishment, because of the authority provided to the department in 81-23-401, MCA; or

(ii) used to produce:

(A) cottage cheese, low fat cottage cheese, dry curd cottage cheese, ricotta cheese, pot cheese, Creole cheese, and any similar soft, high-moisture cheese resembling cottage cheese in form or use;

(B) milkshake and ice milk mixes (or bases), frozen desserts, and frozen dessert mixes distributed in half-gallon containers or larger and intended to be used in soft or semi-solid form;

(C) aerated cream, frozen cream, sour cream, sour half-and-half, sour cream mixtures containing nonmilk items; yogurt, including yogurt containing beverages with 20 percent or more yogurt by weight and kefir, and any other semi-solid product resembling a Class II product;

(D) custards, puddings, pancake mixes, coatings, batter, and similar products;

(E) buttermilk biscuit mixes and other buttermilk for baking that contain food starch in excess of 2% of the total solids, provided that the product is labeled to indicate the food starch content;

(F) products especially prepared for infant feeding or dietary use (meal replacements) that are packaged in hermetically sealed containers and products that meet the compositional standards of fluid milk product but contain no fluid milk products included in the definition of fluid milk product;

(G) candy, soup, bakery products and other prepared foods which are processed for general distribution to the public, and intermediate products, including sweetened condensed milk, to be used in processing such prepared food products;

(H) a fluid cream product or any product containing artificial fat or fat substitutes that resembles a fluid cream product, except as otherwise provided in (c) of this section; and

(I) any product not otherwise specified in this section.

(c) "Class III milk" means all skim milk and butterfat:

(i) used to produce:

(A) cream cheese and other spreadable cheeses, and hard cheese of types that may be shredded, grated, or crumbled;

(B) plastic cream, anhydrous milkfat, and butteroil;

(C) butter;

(D) Evaporated or sweetened condensed milk in a consumer-type package; and

(E) any milk product in dried form;

(ii) in shrinkage of 2% or less of current producer receipts;

(iii) in inventory at the end of the month of fluid milk products and fluid cream products in bulk form;

(iv) in the skim milk equivalent of nonfat milk solids used to modify a fluid milk product that has not been accounted for in Class I; or

(v) used for other uses, including skim milk and butterfat used in any product described in this section that is dumped, used for animal feed, destroyed, or lost by a handler in a vehicular accident, flood, fire, or similar occurrence beyond the handler's control. Such uses of skim milk and butterfat are assigned to Class III instead of being assigned to shrink for the month to the extent that the quantities destroyed or lost can be verified from records satisfactory to the bureau.

(5) "Dairy animal" means a lactating cow.

(6) "Dealer" means a producer, distributor, producer-distributor, jobber, or independent contractor.

(7) "Department" means the Montana Department of Livestock.

(8) "Distributor" means a person purchasing milk from any source, either in bulk or in packages, and distributing it for consumption in this state. The term includes what are commonly known as jobbers and independent contractors. The term does not include a person purchasing milk from a dealer licensed under this chapter for resale over the counter at retail or for consumption on the premises.

(9) "Dumped milk" or "dumped" means or refers to milk that is dumped or otherwise destroyed without further processing or usage and includes skim milk that is dumped after separation.

(10) "Eligible producer" is a producer who is eligible to own quota by the fact that the producer:

(a) is licensed to produce milk in Montana;

(b) has a contractual agreement with a pool plant; and

(c) has either produced milk in Montana and sold milk to a Montana pool plant within 90 days or been accepted by a pool plant as a producer and produces milk delivered to a pool plant not later than the last day of the month.

(11) "Excess milk" means all the milk received from a pool producer during the month which is in excess of the pool producer's quota milk.

(12) "Excess price" means the weighted average price for all excess milk testing 3.5% butterfat as computed for the month by the bureau as provided for in ARM 32.24.513.

(13) "Farm pickup charges" means the actual freight charges to the producer for transporting milk to a pool plant.

(14) "Fluid cream product" means cream (other than plastic cream or frozen cream), including sterilized cream, or a mixture of cream and milk or skim milk containing 9% or more butterfat, with or without the addition of other ingredients.

(15) "Fluid milk product"

(a) Except as provided in (b), fluid milk product means any milk products in fluid or frozen form that are intended to be used as beverages containing less than 9% butterfat and 6.5% or more nonfat solids or 2.25% or more true milk protein. Sources of such nonfat solids/protein include but are not limited to: Casein, whey protein concentrate, milk protein concentrate, dry whey, caseinates, lactose, and any similar dairy derived ingredient. Such products include, but are not limited to: Milk, fat-free milk, low fat milk, light milk, reduced fat milk, milk drinks, eggnog and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added or reduced nonfat solids, sterilized, concentrated, or reconstituted. As used in this part, the term concentrated milk means milk that contains not less than 25.5%, and not more than 50%, total milk solids.

(b) The term fluid milk product does not include:

(i) Any product that contains less than 6.5% nonfat milk solids and contains less than 2.25% true milk protein; whey; plain or sweetened evaporated milk/skim milk; sweetened condensed milk/skim milk; yogurt containing beverages with 20 or more percent yogurt by weight and kefir; products especially prepared for infant feeding or dietary use (meal replacement) that are packaged in hermetically sealed containers; and products that meet the compositional standards specified in (a) but contain no fluid milk products included in (a).

(ii) The quantity of skim milk equivalent in any modified product specified in (a) that is greater than an equal volume of an unmodified product of the same nature and butterfat content.

(16) "Hardship" means a casualty, act of nature, or detrimental health of an eligible producer that prevents milk production.

(a) Terminal illness, progressive degenerative illness, or permanent disability may be a hardship.

(b) Loss of milk production due to inability to obtain adequate labor to maintain milk production is not a hardship.

(17) "Hundredweight" or "cwt" means one hundred pounds. A hundredweight is a common measure of weight for milk, particularly raw milk.

(18) "Import jobber" means a distributor who purchases milk already processed and packaged for resale to wholesale and retail customers from a source or sources whose headquarters are geographically located outside the boundaries of Montana.

(19) "Jobber" means any independent business person other than a store, wholesale grocery purchasing organization, or wholesale grocery broker, who has no financial connection with any distributor other than acquiring the distributor's packaged product and distributing and selling the same, and whose business practices and policies are within the jobber's exclusive province to establish, and not subject to any influence or control from the distributor.

(20) "Milk" means the lacteal secretion of a dairy animal, including those secretions when raw, cooled, pasteurized, standardized, homogenized, recombined, concentrated fresh, or otherwise processed.

(21) "Milk price forward contract" means a voluntary agreement between a distributor and a producer to establish a mechanism to adjust a future producer price on a future delivery of milk at a future date, as a means of hedging the future milk price received by the producer.

(22) "New eligible producer" is a producer who is eligible for an assignment of quota as provided for in ARM 32.24.503 because the producer:

(a) is licensed to produce milk in Montana;

(b) produces milk within Montana;

(c) has a contractual agreement with a pool plant; and

(d) has not ceased production of milk in Montana or disposed of any Montana quota during the three-year period prior to re-entry into the market.

(23) "Nonpool milk" means any milk received or marketed by a pool handler, other than pool milk.

(24) "Nonpool plant" means any milk processing, packaging, or receiving plant which is not a pool plant.

(25) "Other source milk" means all milk as defined in the Act that is received in a plant from any source other than a producer licensed under the Act.

(26) "Overage" means that amount by which milk accounted for exceeds plant receipts.

(27) "Plant" means the processing plant of a distributor.

(28) "Plant receipts" means all milk received from producers, other plants, and other sources, inventory, and all additives used in fluid products.

(29) "Pool area" includes all territory within the borders of the state of Montana.

(30) "Pool handler" means any person who operates one or more pool plants, or an association of milk producers which is incorporated as a cooperative association and which has been approved by the bureau for the marketing of milk produced by pool producers.

(31) "Pool milk" means all of the milk produced by pool producers, under licenses issued by the bureau, which is received at pool plants or marketed to a nonpool plant by a pool handler.

(32) "Pool plant" means any milk plant located within the pool area which receives milk from a producer located in Montana and which is licensed by the department and operated by a distributor or a producer-distributor licensed by the bureau. A milk plant operated by a producer-distributor is a pool plant if it receives dairy products in fluid form from another person in excess of 2,500 pounds of milk or 5% of the producer-distributor's Class I milk dispositions in a month, whichever is less.

(33) "Pool producer" means any producer who produces milk within the pool area which is marketed to or through a pool handler.

(34) "Pool settlement fund" means a reserve fund of money belonging to pool producers that the bureau retains on a revolving basis for the purpose of receiving monies from or paying monies to pool handlers, as provided for in 81-23-302(15), MCA.

(35) "Producer" means a person who produces milk for consumption in this state and sells it to a distributor.

(36) "Producer committee" means the committee provided for in ARM 32.24.506.

(37) "Producer-distributor" means a person both producing and distributing milk for consumption in this state.

(38) "Quota" is a daily figure expressed in pounds of milk that entitles an eligible producer or new eligible producer to receive the quota price for quota milk sold to a pool plant.

(39) "Quota milk" means that share of producer milk received during the month from a pool producer which falls within the limits of a figure computed by multiplying such pool producer's daily quota by the number of days in the month.

(40) "Quota price" means the weighted average price for all quota milk testing 3.5% butterfat as computed for the month by the bureau as provided for in ARM 32.24.513.

(41) "Quota transfer" means a transfer of ownership of all or a minimum portion of an eligible producer's quota.

(42) "Shrinkage" or "shrink" means that amount by which milk receipts exceed milk otherwise accounted for.

(43) "Surplus":

(a) means all pool milk received by a pool handler originating from pool producers that exceeds the sum of the following:

(i) the pool handler's sales of milk sold for consumption in Montana;

(ii) sales or transfers of bulk unprocessed milk to other pool handlers; and

(iii) sales of bulk unprocessed milk to nonpool plants located in Montana.

(b) does not include shrink, dumped milk, inventory, and fluid cream products, including fluid cream products sold in bulk.

(44) "Utilization value" means a sum of money computed for each pool handler with respect to the butterfat and skim milk contained in pool milk received from pool producers and disposed of or utilized during the month. The sum is computed, using the class prices and assignment of classes of utilization to the pool milk received, subject to any interplant hauling, reclassification, or other adjustments that are established under rules of the bureau.

History

• Authorizing statute(s): 81-23-103, 81-23-104, 81-23-302, 81-23-303, 81-23-402, MCA
• Implementing statute(s): 81-23-101, 81-23-103, 81-23-302, 81-23-303, 81-23-402, MCA
• History: NEW, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2021 MAR p. 763, Eff. 7/1/21.

Subchapter 32.24.2 Procedural Rules

Mont. Admin. R. 32.24.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-102, 81-23-302 MCA
• Implementing statute(s): 2-4-201 MCA: Eff. 12/31/72
• History: TRANS, From Commerce, 1996 MAR p. 456; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Subchapter 32.24.3 Pricing Rules

Mont. Admin. R. 32.24.301 Pricing Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: Eff. 12/31/72; AMD, Eff. 5/7/73; AMD, Eff. 10/1/73; AMD, Eff. 12/1/73; AMD, Eff. 4/5/74; AMD, Eff. 6/5/74; AMD, Eff. 4/4/75; AMD, Eff. 2/1/76; AMD, Eff. 5/6/76; AMD, Eff. 9/5/76; AMD, Eff. 7/5/77; AMD, 1979 MAR p. 1182, Eff. 11/1/79; AMD, 1981 MAR p. 1181, Eff. 10/16/81; AMD, 1982 MAR p. 1096, Eff. 5/28/82; AMD, 1982 MAR p. 1480, Eff. 7/30/82; AMD, 1982 MAR p. 1743, Eff. 10/1/82; AMD, 1983 MAR p. 649, Eff. 6/17/83; AMD, 1983 MAR p. 1459, Eff. 10/14/83; AMD, 1984 MAR p. 969, Eff. 6/29/84; AMD, 1986 MAR p. 1016, Eff. 6/13/86; AMD, 1986 MAR p. 1504, Eff. 9/12/86; AMD, 1987 MAR p. 881, Eff. 6/26/87; AMD, 1988 MAR p. 973, Eff. 5/27/88; AMD, 1988 MAR p. 1524, Eff. 7/15/88; AMD, 1988 MAR p. 2298, Eff. 10/28/88; AMD, 1989 MAR p. 15, Eff. 1/13/89; AMD, 1989 MAR p. 2047, Eff. 4/1/90; AMD, 1990 MAR p. 821, Eff. 6/30/90; AMD, 1990 MAR p. 2177, Eff. 12/14/90; AMD, 1991 MAR p. 296, Eff. 3/15/91; AMD, 1991 MAR p. 513, Eff. 4/26/91; AMD, 1991 MAR p. 1550, Eff. 8/30/91; AMD, 1991 MAR p. 2600, Eff. 12/27/91; AMD, 1992 MAR p. 563, Eff. 3/27/92; AMD, 1992 MAR p. 2377, Eff. 10/30/92; AMD, 1993 MAR p. 2234, Eff. 10/1/93; AMD, 1993 MAR p. 3018, Eff. 12/24/93; AMD, 1995 MAR p. 2691, Eff. 12/8/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 1996 MAR p. 2181, Eff. 8/9/92; AMD, 1996 MAR p. 2428, Eff. 10/1/96; AMD, 1997 MAR p. 434, Eff. 2/25/97; EMERG, AMD, 1998 MAR p. 2760, Eff. 10/9/98; AMD, 2000 MAR p, 1753, Eff. 9/1/00; AMD, 2000 MAR p. 3413, Eff. 12/8/00; AMD, 2009 MAR p. 2258, Eff. 11/26/09; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Subchapter 32.24.4 Penalties, Assessments, Trade Practices, and Purchase of Milk From Producers by Distributors

Mont. Admin. R. 32.24.401 Penalties

(1) Bureau staff must take reasonable administrative actions to assist a person's compliance with applicable law, rules, and orders before the board may impose any of the penalties in (2). If bureau staff cannot secure a person's compliance through administrative action, they must recommend to the board chair that a hearing be scheduled to consider assessment of a penalty.

(2) The board may refuse to grant a license, may suspend a license already granted, may revoke a license already granted, or may assess a civil penalty for any of the following:

(a) violation of any provision of Title 81, chapter 23, MCA;

(b) violation of any provision of ARM Title 32, chapter 24;

(c) violation of any board order;

(d) failure or refusal to make required statements or reports; or

(e) failure to pay license or assessment fees.

(3) Before imposing any of the penalties in (2), the board must provide due notice, a hearing, and due cause for the penalty. The contested case procedure in the Montana Administrative Procedure Act applies to these hearings.

(4) Following a determination of due cause for a penalty, the board may order that a penalty be imposed. In place of suspension or revocation of the license, the board may assess a civil penalty, not to exceed $500 per day for each daily failure to comply or each daily violation, with a deadline for when the payment is due. A person assessed a civil penalty who fails to pay that penalty immediately when due may be subject to further compliance proceedings for failure to comply with the board's order and will be subject to civil proceedings to collect the civil penalty.

(5) A license revoked for failure to pay an assessment under ARM 32.24.450 when due may be reinstated.

(a) A license revoked for failure to pay an assessment under ARM 32.24.450 when due must be reinstated upon payment of:

(i) all accrued assessments through the date the license was revoked; and

(ii) a delinquency fee not to exceed 200% of the amount of all accrued assessments.

(b) An assessment becomes delinquent the day after it was due.

History

• Authorizing statute(s): 81-23-104, 81-23-202, MCA
• Implementing statute(s): 81-23-103, 81-23-202, 81-23-204, MCA
• History: NEW, 2016 MAR p. 588, Eff. 4/9/16; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.450 Milk Control Assessments

(1) Pursuant to 81-23-202, MCA, the following assessments are levied upon the Act licensees of this department for the purpose of securing funds to administer and enforce the Act.

(a) A fee of $0.04000 per hundredweight, with no assessment for fees less than $5.00 per month, on the total volume of all milk subject to the Act produced and sold by a producer-distributor.

(b) A fee of $0.02000 per hundredweight, with no assessment for fees less than $5.00 per month, on the total volume of all milk subject to the Act sold by a producer.

(c) A fee of $0.02000 per hundredweight, with no assessment for fees less than $5.00 per month, on the total volume of milk subject to the Act sold by a distributor, excepting that which is sold to another distributor. If the distributor is foreign, the assessment must be paid either by the foreign distributor or by the import jobber.

(2) The fee assessed in (1) must be paid before the 25th day of each month for milk sold in the preceding month.

(3) As an aid to the efficient collection of license fees and assessments, each pool handler must deduct from payments due such producers (ARM 32.24.515) any license fees and administrative assessments due the department from such producers under 81-23-105, MCA, and 81-23-202, MCA. The pool handler must remit such fees and assessments to the department together with a statement of individual producer assessment payments. Assessments under 81-23-202(2), MCA, must be reported and paid monthly, as provided by 81-23-202(5), MCA. Assessments under 81-23-105, MCA, and ARM 32.24.460 must be separately reported and paid monthly.

(4) Each distributor who comes under the jurisdiction of the Act, and of this rule by virtue of distributing milk within the state, either in bulk or packaged form, must file with the bureau on forms supplied by the bureau, on or before the 25th day of each month, a report of sales of such milk during the preceding month.

(a) A jobber is not required to file sales reports with the bureau to the extent that milk or dairy products sold by the jobber were reported by the distributor that supplied the jobber and to the extent that the distributor that supplied the jobber filed sales reports and paid the distributor milk control assessment described in (1)(c).

(5) Each producer-distributor must file with the bureau on forms supplied by the bureau, on or before the 25th day of each month, a report of the receipt and sales of milk during the preceding month. The report of sales must show sales by classes of utilization. The producer-distributor must maintain records of operations as required by the bureau and present them for audit by the bureau when requested.

(6) To calculate the amount of fees levied on the sale of manufactured dairy products for the assessment described in (1), the following milk equivalent conversion factors must be used:

(a) Milk equivalent conversion factors, pounds of milk per gallon of product:

(i) Homogenized whole milk: 7.94 lbs milk per gallon of product;

(ii) Homogenized 2% milk: 7.10 lbs milk per gallon of product;

(iii) Homogenized 1% milk: 6.40 lbs milk per gallon of product;

(iv) Homogenized skim milk: 6.07 lbs milk per gallon of product;

(v) Flavored whole milk: 8.13 lbs milk per gallon of product;

(vi) Flavored 2% milk: 7.24 lbs milk per gallon of product;

(vii) Flavored 1% milk: 6.54 lbs milk per gallon of product;

(viii) Flavored skim milk: 6.18 lbs milk per gallon of product;

(ix) Buttermilk: 6.87 lbs milk per gallon of product;

(x) Egg Nog: 9.82 lbs milk per gallon of product;

(xi) Half and Half (10.5% - 18% milkfat): 12.53 lbs milk per gallon of product;

(xii) Creamers: 12.53 lbs milk per gallon of product;

(xiii) Light Cream (18% - 30% milkfat): 17.60 lbs milk per gallon of product;

(xiv) Light Whipping Cream (30 – 36% butterfat): 25.50 lbs milk per gallon of product;

(xv) Heavy Whipping Cream (>36% butterfat): 29.41 lbs milk per gallon of product;

(xvi) Aerosol Whip: 17.44 lbs milk per gallon of product;

(xvii) Ice cream: 7.23 lbs milk per gallon of product;

(xviii) Ice milk / sherbet: 0.96 lbs milk per gallon of product;

(xix) Frozen yogurt: 5.40 lbs milk per gallon of product;

(xx) Frozen dairy novelties: 6.05 lbs milk per gallon of product;

(xxi) Ice cream mix: 14.75 lbs milk per gallon of product;

(xxii) Shake mix / yogurt mix: 11.80 lbs milk per gallon of product;

(b) Milk equivalent conversion factors, pounds of milk per pound of product:

(i) Cottage Cheese: 1.61 lbs milk per pound of product;

(ii) Cottage Cheese (low fat or no fat): 1.41 lbs milk per pound of product;

(iii) Dry Curd Cottage Cheese: 1.61 lbs milk per pound of product;

(iv) Sour Cream and similar dips and dressings: 1.91 lbs milk per pound of product;

(v) Non-fat sour cream: 0.51 lbs milk per pound of product;

(vi) Yogurt: 0.92 lbs milk per pound of product;

(vii) Kefir: 0.92 lbs milk per pound of product;

(viii) Butter: 6.51 lbs milk per pound of product;

(ix) Cream cheese: 3.61 lbs milk per pound of product; and

(x) Hard cheese: 4.90 lbs milk per pound of product.

History

• Authorizing statute(s): 81-23-102, 81-23-104, 81-23-202, MCA
• Implementing statute(s): 81-1-102, 81-23-103, 81-23-202, MCA
• History: NEW, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2018 MAR p. 450, Eff. 7/1/18; AMD, 2020 MAR p. 330, Eff. 7/1/20; AMD, 2021 MAR p. 69, Eff. 7/1/21; AMD, 2022 MAR p. 239, Eff. 7/1/22; AMD, 2023 MAR p. 213, Eff. 7/1/23; AMD, 2025 MAR, Notice No. 15, Eff. 7/1/25.

Mont. Admin. R. 32.24.460 Producer Milk Testing Assessment

(1) An assessment is hereby levied on licensed producers in the amount of no cents ($0.00) per hundredweight on the total volume of all milk subject to the Act sold by a producer for the purpose of securing the necessary funds to conduct a program of testing raw milk, as required by 81-23-105, MCA.

History

• Authorizing statute(s): 81-23-105, MCA
• Implementing statute(s): 81-1-102, 81-23-103, 81-23-105, MCA
• History: NEW, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.470 Regulation of Unfair Trade Practices

(1) Under authority delegated by the provisions in 81-23-104, MCA, the following transactions of business among licensees under the Act and among licensees and the general public are declared to be unfair trade practices subject to enforcement sanctions provided by statute:

(a) Except as the result of a milk price forward contract, the payment of a lesser price than the applicable producer price established by the board pursuant to the Act by any distributor to any producer for milk which is distributed to any person, including agencies of the federal, state or local government.

(b) The payment, allowance, or acceptance of secret rebates, secret refunds, or unearned discounts by a person, whether in the form of money or otherwise.

(c) The giving of milk, cream, dairy products, services, or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of a customer.

(d) The extension to certain customers of special prices or services not available to all customers who purchase milk of like quantity under like terms and conditions.

(2) This rule and the rescission herein of any previously existing rule does not affect any act or thing done or begun, liability incurred, or any right accrued or established or any penalty incurred or any such prosecution or proceeding, civil or criminal, pending or instituted under or on account of any such previous rule herein rescinded in whole or in part, to enforce any right or penalty or to punish any offense under the authority of any such previously existing rule, at the time this rule takes effect, but as to all such acts, things, liabilities, rights, penalties, prosecutions or proceedings and any such previously existing rule remain in full force and effect.

History

• Authorizing statute(s): 81-23-104, 81-23-302, 81-23-303, MCA
• Implementing statute(s): 81-23-103, 81-23-302, 81-23-303, MCA
• History: NEW, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2021 MAR p. 763, Eff. 7/1/21.

Mont. Admin. R. 32.24.480 Producer Pricing Rules

(1) The bureau will use the federal order advanced pricing factors to calculate the producer prices for all classes. Advanced federal order butterfat and skim milk prices are announced on or before the 23rd day of the month and apply to the milk received during the following month. Nothing contained in these rules prohibits the payment of higher prices to producers.

(2) The minimum Class I price per hundredweight at 3.5% butterfat which must be paid to producers by distributors in the state of Montana, is the monthly federal order price according to 7 CFR 1000.50(a) through (c) plus a Montana Class I location differential of $2.85.

(a) When milk does not test 3.5% butterfat, the price per cwt will be adjusted for each 0.1% the butterfat test moves up or down.

(3) Prices paid producers for Class II milk will be based on the following price formulas for skim milk and butterfat.

(a) Class II Skim Milk Price Formula. The price of the skim milk utilized in Class II will be the Class II skim milk price published in the United States Department of Agriculture Announcement of Advanced Prices and Pricing Factors or its successor publication, converted to units of dollars per pound of skim milk.

(b) Class II Butterfat Price Formula. The price of butterfat utilized in Class II will be the Advanced Butterfat Pricing Factor published in the United States Department of Agriculture Announcement of Advanced Prices and Pricing Factors plus $0.007 per pound of butterfat and in units of dollars per pound of butterfat.

(4) Prices paid producers for Class III milk will be based on the following price formulas for skim milk and butterfat.

(a) Class III Skim Milk Price Formula. The price of the skim milk utilized in Class III will be the lower of the Advanced Class III Skim Milk Pricing Factor or the Advanced Class IV Skim Milk Pricing Factor published in the United States Department of Agriculture Announcement of Advanced Prices and Pricing Factors or its successor publication, converted to units of dollars per pound of skim milk.

(b) Class III Butterfat Price Formula. The price of butterfat utilized in Class III will be the Advanced Butterfat Pricing Factor published in the United States Department of Agriculture Announcement of Advanced Prices and Pricing Factors or its successor publication less the Montana Class III Butterfat Price Differential of $0.10 per pound of butterfat and in units of dollars per pound of butterfat.

(5) Minimum quota prices and minimum excess prices paid to pool producers are determined by the calculations provided for in ARM 32.24.513. The calculations in ARM 32.24.513 include adjustments to the pool-wide utilization value for surplus sales and for transportation charges for shipments of unprocessed pool milk between pool plants.

(6) No price established by any formula set forth in this rule may be charged if contrary to any supervening federal or state law, rule, or regulation. Should any minimum prices published by this board under this rule exceed the limitations imposed by such laws, rules, or regulations, such prices must be reduced to the extent of such excess, even though such reduction may impair a uniform or complete application of the price fixing formula, or any of the same, set out in this rule. The prices, as so modified, must be respected and enforced as the minimum prices established under this rule.

(7) On or before the 23rd day of each month, the bureau will compute prices for Class I, II, and III milk to be paid to producers by pool handlers for milk received from producers during the next calendar month, in accordance with this pricing rule. By the 26th day of each month, the bureau will publish a notice of the Class I, II, and III prices to be paid to producers by pool handlers for milk received from producers during the next calendar month and distribute the notice to each pool producer and pool handler licensed under the Act. The notice must contain the mathematical computations used to calculate the prices. The minimum producer price will be uniform and identical throughout the state of Montana.

History

• Authorizing statute(s): 81-23-104, 81-23-302, MCA
• Implementing statute(s): 81-23-102, 81-23-302, MCA
• History: NEW, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2018 MAR p. 1828, Eff. 9/19/18; AMD, 2022 MAR p. 1847, Eff. 9/24/22; AMD, Notice No. 2025-96, Eff. 6/1/25.

Mont. Admin. R. 32.24.490 Rejection of Milk and Termination of Producer Sales Agreements

(1) A distributor may reject milk provided by a producer because of inferior quality or noncompliance with the lawful rules of duly constituted health or sanitation agencies. In all cases the rejection of the milk must be supported by a statement to the producer setting forth the reason(s) for which the milk was rejected. A distributor must provide a copy of the statement to the department.

(2) Except for persistent repetition of the cases set forth in (1), no producer's contract or purchasing agreement, whether express or implied, may be terminated by a distributor except for cause after notice and hearing by the board in accordance with the rules and procedures prescribed by the Montana Administrative Procedure Act.

(3) No producer may terminate a contract or selling agreement with any distributor except by giving at least 30 days written notice to the distributor and to the board of the producer's intention to terminate. However, nothing in this rule prevents a distributor and a producer from providing by written contract or agreement for a different period of notice. Termination does not preempt a distributor's obligation to pay the producer in full by the 15th day of the month following the month of such termination.

History

• Authorizing statute(s): 81-23-104, MCA
• Implementing statute(s): 81-23-103, 81-23-402, MCA
• History: NEW, 2017 MAR p. 1151, Eff. 8/1/17.

Subchapter 32.24.5 Quota and Pooling Rules

Mont. Admin. R. 32.24.501 Quota Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1990 MAR p. 2110, Eff. 11/30/90; AMD, 1992 MAR p. 563, Eff. 3/27/92; TRANS, from Commerce, 1996 MAR p. 456; AMD, 1996 MAR p. 3215, Eff. 12/20/96; AMD, 2005 MAR p. 2680, Eff. 12/23/05; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.502 Quota Records

(1) The bureau maintains records of:

(a) quota owned by each eligible producer; and

(b) quota assigned to each new eligible producer under ARM 32.24.503.

(2) The amount of quota owned by an eligible producer is adjusted when quota transfers are approved by the producer committee; reassignments are made pursuant to ARM 32.24.505; readjustments are made pursuant to ARM 32.24.505; forfeitures of quota occur; and adjustments provided for in ARM 32.24.507 are made to quota balance.

(3) Except as provided for in ARM 32.24.507, an eligible producer forfeits all quota following the 90th consecutive day after the eligible producer's last delivery to a pool plant unless such quota is transferred prior to that time.

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1990 MAR p. 2110, Eff. 11/30/90; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2005 MAR p. 2680, Eff. 12/23/05; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.503 New Eligible Producers - Quota Assignment

(1) A new eligible producer is entitled to receive the quota price for milk sales to a pool plant for each month in accordance with the following schedule:

(a) To be eligible for this assignment, the new eligible producer cannot own any quota in the first month of production.

(b) This assignment is not an assignment of actual quota to such new eligible producer.

(c) This assignment of quota milk becomes a part of the total quota milk calculated under this chapter.

(2) When the new eligible producer acquires quota by purchase or otherwise, or acquires quota pursuant to ARM 32.24.505, the percentage of milk sales assigned to quota price under this rule must be decreased accordingly so that the total quota equals the applicable percentage in (1).

(a) A producer who acquires quota by purchase or otherwise which exceeds the applicable percentage in (1) is not eligible to receive an assignment of quota pursuant to this rule.

(3) The percentage of milk sales assigned to quota price under this rule to any one new eligible producer may not exceed 35% of the current producer monthly average production (total quota production for the month, divided by the number of producers in production, times 35%).

MONTHS | PERCENTAGE OF MILK SALES ASSIGNED TO QUOTA April through August | 20% All other months | 35%

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1991 MAR p. 1550, Eff. 8/30/91; AMD, 1991 MAR p. 2600, Eff. 12/27/91; AMD, 1992 MAR p. 563, Eff. 3/27/92; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2000 MAR p. 78, Eff. 1/14/00; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.504 Transfer of Quota

(1) Quota is the property of each eligible producer. It may be transferred pursuant to the following terms and conditions:

(a) Quota transfers must be a minimum of 100 pounds a day. If the eligible producer is going out-of-business and has a daily quota balance amount that is less than 100 pounds, then that amount may be transferred.

(b) Any time quota is transferred there is a forfeited 10% reduction.

(c) The bureau must be notified in writing by the proposed quota transferor at least seven days prior to the first day of the month during which the transfer is contemplated. Such notice must include the name of the prospective transferee, the effective date of the proposed transfer, and the amount of quota to be transferred. The producer must also notify the producer's pool plant of the transfer. The bureau will notify the producer committee of any proposed transfers.

(d) All quota transfers are effective only upon approval by the producer committee. The proposed quota transfer must be bona fide and not for the purpose of evading any provisions of applicable law.

(e) A quota transfer may be made only to an eligible producer.

(f) Leasing of quota is prohibited.

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1989 MAR p. 973, Eff. 7/28/89; AMD, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1990 MAR p. 2110, Eff. 11/30/90; AMD, 1991 MAR p. 1550, Eff. 8/30/91; AMD, 1991 MAR p. 2600, Eff. 12/27/91; AMD, 1992 MAR p. 563, Eff. 3/27/92; TRANS, from Commerce, 1996 MAR p. 456; AMD, 1996 MAR p. 3215, Eff. 12/20/96; AMD, 1997 MAR p. 1662, Eff. 9/23/97; AMD, 2000 MAR p. 78, Eff. 1/14/00; AMD, 2005 MAR p. 2680, Eff. 12/23/05; AMD, 2010 MAR p. 1800, Eff. 9/1/10; AMD, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2022 MAR p. 1846, Eff. 9/24/22.

Mont. Admin. R. 32.24.505 Readjustment of Quota Into the Statewide Quota System

(1) Readjustment of quota into the statewide quota system will occur if the Montana market needs exceed the current established total quota.

(2) Market needs are not met when the following conditions exist:

(a) when greater than 83.5% of quota milk received is utilized in non-surplus Class I and II usage; and

(b) when utilization of quota milk for non-surplus Class I and Class II usage has increased from two years prior to the preceding year. When a negative figure results, there will be no readjustment.

(3) When the statewide quota system needs additional quota added to meet market needs, the bureau must calculate on or before the first day of April each year the additional quota to be assigned to each eligible producer and new eligible producer in accordance with the following computations:

(a) For application of (2)(a), using the preceding calendar year (January 1 through December 31), the total non-surplus Class I and Class II usage is divided by the total quota pounds to determine the percentage of quota milk utilized in non-surplus Class I and II usage.

(b) For application of (2)(b), using the preceding calendar year (January 1 through December 31), compute the total pounds of non-surplus Class I and Class II usage from all pool plants and subtract the total pounds of non-surplus Class I and II usage in the calendar year prior to the preceding calendar year.

(c) If the percentage in (3)(a) exceeds 83.5%, take the positive figure resulting from the computation in (3)(b) and divide it by the total days in the year to determine how many pounds of quota will be issued into the statewide quota system.

(d) The resulting pounds in (3)(c) must be prorated to all eligible producers and new eligible producers on the basis of their average daily marketing of milk to all pool plants during the preceding months of September through December and assigned to them as quota effective on May 1.

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1990 MAR p. 502, Eff. 3/16/90; AMD, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1990 MAR p. 2110, Eff. 11/30/90; AMD, 1991 MAR p. 49, Eff. 1/18/91; AMD, 1991 MAR p. 2600, Eff. 12/27/91; AMD, 1993 MAR p. 3018, Eff. 12/24/93; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 1997 MAR p. 314, Eff. 12/20/96; AMD, 1997 MAR p. 1662, Eff. 9/23/97; AMD, 2000 MAR p. 78, Eff. 1/14/00; AMD, 2005 MAR p. 2680, Eff. 12/23/05; AMD, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2022 MAR p. 1846, Eff. 9/24/22.

Mont. Admin. R. 32.24.506 Producer Committee

(1) The producer committee has authority to approve all transfers of quota and to review all requests for hardship or equitable relief and has authority to control and direct the marketing of surplus milk as specified in ARM 32.24.523.

(2) The producer committee consists of at least five members, each of whom is a pool producer who produced pool milk during the month prior to the meeting. The producer committee must have an odd number of members.

(3) The board appoints the members of the producer committee.

(a) Pool producers interested in serving on the producer committee must apply to the board.

(b) The board selects the producer committee members as follows:

(i) A committee member must be appointed from the pool producers delivering milk to each pool plant for each 20%, rounded, of the total pool-wide receipts of raw pool milk received by the pool plant from its reported group of pool producers in the prior month of June. The calculation is done by using the total of each pool plant's prior June raw pool milk received from its group of pool producers, divided by the pool-wide total raw milk receipts in the prior month of June, rounded to the nearest 20% and divided by 20%.

(ii) A minimum of at least one committee representative will be appointed from the pool producers delivering to each pool plant.

(iii) If the number of pool producers applying to represent the pool producers delivering to a pool plant is less than the calculated allotment of producer committee members representing pool producers delivering to that pool plant, or if no pool producer delivering to the pool plant applies to serve on the producer committee, the board may appoint an applicant who delivers to a different pool plant.

(iv) If the calculated number of committee members is less than five or is an even number, the board may select an appointee from the group of applicants without regard to the pool plant so that the committee has at least five members and has an odd number of members.

(c) When a vacancy occurs, the board will appoint a committee member to complete the term of the departing committee member.

(d) The producer committee members will serve terms of two calendar years beginning January 1, 2016, and every two years thereafter.

(4) A representative of the bureau will attend, participate, and maintain a record of each producer committee meeting. The representative of the bureau will not have a vote in any decision of the producer committee.

(5) The bureau will notify the manager of each pool plant or a designated representative of scheduled meetings. No manager or designated representative will have a vote in any decision of the producer committee.

(6) Producer committee meetings will be held after reasonable notice has been given to each committee member, the bureau, and each manager of a pool plant or the designated representative.

(7) A majority of the producer committee constitutes a quorum for the transaction of business. A majority vote of committee members present is sufficient to make an official decision.

(8) Committee members will be compensated by the bureau in accordance with 2-15-124(7), MCA.

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1989 MAR p. 973, Eff. 7/28/89; AMD, 1990 MAR p. 931, Eff. 6/1/90; TRANS, from Commerce, 1996 MAR p. 456; AMD, 1996 MAR p. 3215, Eff. 12/20/96; AMD, 1997 MAR p. 1662, Eff. 9/23/97; AMD, 2009 MAR p. 2258, Eff. 11/26/09; AMD, 2016 MAR p. 319, Eff. 2/20/16; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.507 Request for Review and Appeals Pertaining to Quota

(1) After quota is reassigned or readjusted as provided for in ARM 32.24.505, any eligible producer may request review from the producer committee on the grounds that the eligible producer's production history is not appropriate because of unusual conditions during the production measurement period used to prorate reassigned or readjusted quota, such as loss of buildings, herds, or other facilities as the result of fire, floods, storms, official quarantine, disease, pesticide residue or condemnation of milk.

(2) A producer may request review from the producer committee to consider whether the producer should be an eligible producer even though, because of hardship, the producer failed or will fail to deliver milk to a pool plant for 90 consecutive days.

(3) A producer may make a request for review of quota ownership not later than 45 days after the notice of change in quota balance or after the occurrence of the alleged hardship. The request must be filed with the bureau, who will forward the request to the producer committee. The request must set forth:

(a) the conditions that caused the alleged inappropriate production history under (1) or hardship under (2);

(b) the extent of relief or adjustment requested;

(c) the basis upon which the amount of relief or adjustment requested should be computed; and

(d) the reasons why relief or adjustment should be granted.

(4) With respect for a producer's request for review of production history, quota, forfeiture of quota, or other related problems, the producer committee may grant or adjust production history quota on average daily producer milk deliveries for the production measurement period in question, delay forfeiture of quota, or restore forfeited quota.

(5) Producer committee decisions are subject to appeal to the board.

(a) A producer may file a notice of appeal to the board within 15 days after written notification of the decision of the producer committee.

(b) In the event that an action by the producer committee is in violation of the administrative rules, the bureau must bring it to the attention of the aggrieved party.

(6) The board must hear an appeal within 90 days of when the bureau received the appeal.

(7) An appeal will be heard as follows:

(a) The aggrieved party will be given the opportunity to make an oral presentation and submit written justification in support of reversal or modification of the producer committee's decision.

(b) Members of the producer committee will be given the opportunity to make an oral presentation and submit written material in opposition to reversal or modification of the producer committee's decision.

(c) The decision of the board will be based on the record of the producer committee review as supplemented by oral argument and written submissions to the board. However, the appeal to the board will not be a trial de novo. New material that could not reasonably be submitted to the producer committee will be accepted if it relates to the grounds set forth in (8).

(8) In ruling on the appeal from the producer committee's decision the board will not overrule or modify the decision of the producer committee unless:

(a) there was collusion affecting the producer committee's decision;

(b) the board determines that actual bias or prejudice on the part of one or more producer committee members affected the decision;

(c) the producer committee's decision was the result of an incorrect interpretation of a statute or rule applicable to the decision; or

(d) the producer committee's decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.

(9) On review of a producer committee's decision, the board must not substitute its judgment (second guess) for that of the producer committee as to the weight of the evidence on question of fact.

(10) An appeal that the board overturns (the producer committee's decision) is final and does not have to be approved by the producer committee. The board will instruct the bureau how to make equitable remedy.

(11) The bureau must maintain records of all requests for review made to the producer committee and the disposition thereof. Such files must be open for inspection by any interested persons during the regular office hours of the bureau.

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1997 MAR p. 1662, Eff. 9/23/97; AMD, 2005 MAR p. 2680, Eff. 12/23/05; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.511 Pooling Plan Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2000 MAR p. 78, Eff. 1/14/00; AMD, 2009 MAR p. 2258, Eff. 11/26/09; AMD, 2016 MAR p. 319, Eff. 2/20/16; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.512 Reports and Records

(1) All milk and its component quantities of skim milk and butterfat received by pool handlers will be classified for the purpose of establishing compliance with minimum producer prices. For the purpose of determining the audit value of milk delivered to a plant under 81-23-302, MCA, all butterfat and skim milk received from pool producers is considered to be utilized by the plant in either Class I, II, or III as indicated by plant processing and sales records.

(2) On or before the eighth business day after the end of each month, each pool handler must report for such months, to the bureau with respect to the pool plant(s) operated by such handler, and for all pool milk marketed to nonpool plants, on forms provided by the bureau, the following:

(a) the quantities and butterfat content of milk received or marketed from the farms of pool producers during the month, the location of the pool plant where the milk was first received, and the pounds thereof which qualified as quota milk;

(b) the quantities and butterfat and skim milk content of milk and fluid milk products received from other pool plants during the month;

(c) the quantities and butterfat and skim milk content of any other receipts of nonpool milk, the pounds and butterfat and skim milk content of all other dairy products received during the month (except nonfluid milk products disposed of in the form in which received without further processing);

(d) the quantities and butterfat and skim milk content of all inventories of milk and other dairy products on hand in the pool plant at the beginning of the month;

(e) the quantities and butterfat and skim milk content of all milk and milk products disposed of from the pool plant during the month organized by classes of utilization, and in the case of any such products transferred in fluid form to the pool plants of other pool handlers, the quantities and butterfat and skim milk content transferred to another pool plant;

(f) the quantities and butterfat and skim milk content of all milk and other dairy products utilized in the processing or manufacturing of dairy products in the pool plant during the month, together with the same information for the products produced;

(g) the disposition made of any pool milk marketed by the pool handler during the month that was not received at a pool plant and the utilization made of such milk organized by classes of utilization;

(h) the quantities together with the butterfat and skim milk content of inventories of all milk and dairy products on hand in the pool plant at the end of the month;

(i) out-of-state sales (packaged and bulk) showing the quantities and butterfat and skim milk content, organized by the classes of utilization, and showing information necessary to calculate adjustments to the pool handler's utilization value described in ARM 32.24.523 for the sale of surplus milk;

(j) the weight of milk and the transportation charges for shipments of unprocessed pool milk between plants marketed pursuant to ARM 32.24.524;

(k) a copy of each milk price forward contract in effect for the month or any other information applicable to the application of a milk price forward contract for the month; and

(l) list of producers who have gone out of business during the preceding month.

(3) Each pool handler must maintain complete records and accounts of all pool milk received or marketed, and all other milk and dairy products received at each pool plant, and the use or disposition of such milk and dairy products for each month together with payments received or made therefore, and must retain records of the foregoing transactions and other records as required under the rules of the bureau and present them for audit by the bureau upon request.

(4) When payments to a pool producer are based upon butterfat tests from composite samples, a portion of each composite sample must be retained until the succeeding composite sample is tested.

(5) Each pool handler must maintain a record of butterfat tests of each pool producer's milk covering each pay period and provide each pool producer with each butterfat test result for each receipt of milk from the pool producer. The records must be kept on file for two years and be made available to any authorized agent of the bureau upon request.

History

• Authorizing statute(s): 81-23-104, 81-23-302, 81-23-303, 81-23-402, MCA
• Implementing statute(s): 81-23-302, 81-23-303, 81-23-402, MCA
• History: NEW, 1990 MAR p. 931, Eff. 6/1/90; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2021 MAR p. 763, Eff. 7/1/21; AMD, 2022 MAR p. 240, Eff. 3/1/22.

Mont. Admin. R. 32.24.513 Computation of the Quota Price and Excess Price to Be Paid to Pool Producers for Pool Milk

(1) On or before the 12th day of each month, or the first business day thereafter, the bureau will compute a quota price and an excess price for the preceding month as follows:

(a) Calculate the utilization value of butterfat and skim usage of pool producers' milk for all pool handlers to determine a total dollar amount for butterfat and skim respectively.

(b) Add all adjustments for surplus sales described in ARM 32.24.523 and deduct transportation charges for shipments of unprocessed pool milk between pool plants described in ARM 32.24.524 from the skim totals derived in (1)(a).

(c) Add one-half of the balance of the pool settlement fund to the skim total derived in (1)(b) and deduct an amount equal to 12 cents per hundredweight of quota milk received by pool handlers.

(d) Divide the skim dollar amount derived in (1)(c) by the total skim pounds to determine a poolwide value per skim pound. Similarly, divide the butterfat dollar amount derived in (1)(a) by the total butterfat pounds to determine a poolwide value per butterfat pound.

(e) The quota price at 3.5% test will be $1.50 per hundredweight higher than the price for excess milk. The $1.50 per hundredweight differential will be split proportionately between butterfat and skim.

(f) To calculate the quota price, divide the excess pounds by total producer pounds. Multiply the resultant percentage by the differential in (1)(e) converted to dollars per pound and add the amount so derived proportionately to the butterfat and skim components of the poolwide prices in (1)(d). This skim price per pound multiplied by 96.5 pounds added to this butterfat price per pound multiplied by 3.5 pounds will result in the quota price per hundredweight at 3.5% butterfat for the month.

(g) To calculate the excess price, subtract the butterfat and skim proportions of the differential in (1)(e) converted to dollars per pound from the quota components in (1)(f) and add these negative amounts to the butterfat and skim components of the poolwide prices in (1)(d). The skim figure so derived multiplied by 96.5 pounds added to the butterfat figure so derived multiplied by 3.5 pounds will result in the excess price per hundredweight at 3.5% butterfat for the month.

(2) The bureau will announce to all interested persons on or before the 13th day of each month, or the first business day thereafter, the quota price and excess price per hundredweight for milk testing 3.5% butterfat, the quota butterfat price and excess butterfat price per pound, and the quota skim price and excess skim price per pound as computed pursuant to (1)(f) and (1)(g).

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1991 MAR p. 1550, Eff. 8/30/91; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2006 MAR p. 330, Eff. 2/10/06; AMD, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2022 MAR p. 240, Eff. 3/1/22.

Mont. Admin. R. 32.24.514 Procedures for Pooling of Returns from Pool Milk

(1) On or before the 13th day of the month, the bureau will provide notice to each pool handler of:

(a) the minimum prices to be paid to pool producers for quota and excess milk received in the preceding month;

(b) the minimum amount owed by each pool handler to each pool producer for milk received in the preceding month, net of audit adjustments or any other adjustments prescribed by the bureau, but before addition of premiums and authorized deductions by the pool handler;

(c) the purchase price for pool milk sold between pool plants pursuant to ARM 32.24.524;

(d) the total amount each pool handler owes pool producers;

(e) the total amount of each pool handler's utilization value for pool milk received or marketed in the preceding month, net of adjustments for sales of surplus milk described in ARM 32.24.523 and transportation charges for shipments of unprocessed pool milk between pool plants pursuant to ARM 32.24.524; and

(f) the net amount that each pool handler owes the pool settlement fund. The net amount that each pool handler owes the pool settlement fund is the amount in (e) less the amount in (d) plus audit adjustments or any other adjustments prescribed by the bureau.

(2) For any pool handler, if the amount calculated in (1)(f) is a negative number, the bureau will pay the pool handler that amount from the pool settlement fund within two business days of the written notice required by (1) or as soon as funds are available if the balance of the pool settlement fund is insufficient.

(3) For any pool handler, if the amount calculated in (1)(f) is a positive number, the pool handler must pay that amount to the bureau by the 25th of the month. The bureau will deposit the amount into the pool settlement fund.

(4) The amounts calculated for (1)(f) of pool handlers affiliated by common ownership may be combined for purposes of determining payments in (2) and (3).

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1990 MAR p. 2110, Eff. 11/30/90; AMD, 1993 MAR p. 3018, Eff. 12/24/93; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2022 MAR p. 240, Eff. 3/1/22.

Mont. Admin. R. 32.24.515 Payments to Pool Producers and Adjustment of Accounts

(1) Each pool producer must be paid twice each month by the appropriate pool handler(s) for the pool milk received or marketed from such pool producer during the month as follows:

(a) A partial or advance payment approximately equal to the value of the pool milk marketed during the first two weeks of the month, less one-half of the approximate monthly deductions, must be paid to the pool producer, or the pool producer's authorized agent, not later than 30 days after the first day of each month. Such payment need not be accompanied by an itemized statement.

(b) Payments must be made to each pool producer or the pool producer's authorized agent, not later than 15 days after the end of the month that the pool producer's milk was received. This payment must be based on the appropriate quota price and excess price as adjusted for the weighted average butterfat content, and subject to deductions for partial payments under (1)(a) and deductions authorized under (1)(c). The payment must be accompanied by a statement to each pool producer setting forth the information required in (1)(d).

(c) Deductions of any kind (other than assessments that are required under 81-23-105 and 81-23-202, MCA, license fees, mandatory assessments, hauling fees, advance payments made pursuant to this section, adjustments to implement milk price forward contracts, and audit adjustments) from payments due a pool producer may be made only upon written authorization from a pool producer, or, in the case where a pool producer is a member of a cooperative, upon formal resolution of the cooperative directors at a regular business meeting. A copy of the authorization must be retained by the pool handler as part of its permanent records.

(d) Payments provided for in this section must be accompanied by a statement to each pool producer showing each of the following items for the prior month:

(i) name and address of the pool handler issuing the statement;

(ii) date of statement;

(iii) period for which the statement is rendered;

(iv) name of the pool producer for whom the statement is intended;

(v) the date, weight, and butterfat test result for each receipt of milk during the month;

(vi) the total pounds of milk and weighted average butterfat test of milk received from the pool producer for the month for which the statement is rendered;

(vii) weight of milk, butterfat, and skim received that is within the pool producer's quota;

(viii) weight of milk, butterfat, and skim received that is in excess of the pool producer's quota;

(ix) quota butterfat price (to seven decimal places) and quota skim price (to seven decimal places);

(x) excess butterfat price (to seven decimal places) and excess skim price (to seven decimal places);

(xi) minimum payment required by the bureau for quota and excess milk received;

(xii) milk price forward contract adjustment, if applicable;

(xiii) amounts paid as premiums or bonuses;

(xiv) itemization of deductions for advance payments, hauling, assessments, licenses, and authorized deductions;

(xv) total deductions;

(xvi) audit adjustments; and

(xvii) net amount due and paid.

(e) On or before the 15th day of each month, each pool handler must submit to the bureau a copy of the statements described in (1)(d) that were provided to each pool producer for the prior month's receipts.

(2) The bureau will periodically audit the books and records of pool handlers to verify the utilization of all milk reported pursuant to ARM 32.24.512. The audits may examine whether there has been proper accounting for and payment of the amount owed to individual pool producers from whom the pool handler received milk. Audits may also examine whether correct payment has occurred for amounts owed between each pool handler and the pool settlement fund and amounts owed between pool handlers for sales of milk between pool handlers.

(a) Upon completion of each audit, the bureau will furnish each pool handler with an audit summary, commentary regarding audit findings, and prescribed adjustments, if any, for each month audited.

(b) Within ten business days of the date the bureau sent the audit summary to the pool handler, the pool handler must communicate in writing to the bureau any disagreement with the audit findings or prescribed adjustments.

(c) Audit adjustments will be incorporated into the following month's pooling process if no disagreements are communicated during the review period or if all disagreements or inquiries are resolved.

(d) If the audit determines that pool producers were overpaid, pool handlers may elect to spread the prescribed audit adjustments over the following three months through deductions to the final payments for those months.

(e) If a pool handler communicates in writing to the bureau as provided in (2)(b), the review period will be extended while the bureau considers the pool handler's objections. Within ten days after the bureau sends notice to the pool handler of its decision, the pool handler may file written application for appearance before the board to review the decision of the bureau. Audit adjustments will be stayed until the review by the board is completed. After review, the board will issue an order resolving the disagreement.

History

• Authorizing statute(s): 81-23-104, 81-23-302, 81-23-303, MCA
• Implementing statute(s): 81-23-302, 81-23-303, MCA
• History: NEW, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2021 MAR p. 763, Eff. 7/1/21.

Mont. Admin. R. 32.24.516 Proceeds and Losses for Surplus Milk in Quota and Excess Milk Over Quota

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-302, MCA
• Implementing statute(s): 81-23-302, MCA
• History: NEW, 2000 MAR p. 78, Eff. 1/14/00; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.520 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-104, MCA
• Implementing statute(s): 81-23-103, MCA
• History: NEW, 1996 MAR p. 2428, Eff. 10/1/96; AMD, 2000 MAR p. 3413, Eff. 12/8/00; AMD, 2009 MAR p.2258, Eff. 11/26/09; REP, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.521 Required Utilization of Surplus Milk

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-104, MCA
• Implementing statute(s): 81-23-103, MCA
• History: NEW, 1996 MAR p. 2428, Eff. 10/1/96; REP, 2000 MAR p. 1753, Eff. 9/1/00.

Mont. Admin. R. 32.24.522 Procedures, Purchase Price and Terms

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

• Authorizing statute(s): 81-23-104, MCA
• Implementing statute(s): 81-23-103, MCA
• History: NEW, 1996 MAR p. 2428, Eff. 10/1/96; REP, MAR p. 1753, Eff. 9/1/00.

Mont. Admin. R. 32.24.523 Marketing of Surplus Milk

(1) Surplus milk must be marketed and sold in a manner that is economically advantageous to pool producers, with all gain or loss shared by all pool producers.

(2) All surplus milk sold in bulk will be marketed and sold directly by pool handlers unless directed otherwise by the producer committee or unless a pool handler declines to perform the service.

(a) A pool handler must provide 90 days written notice to the producer committee prior to declining to market surplus milk in bulk.

(b) The producer committee retains the right to supervise, approve, control, or direct the marketing of the surplus milk sold in bulk.

(i) After receiving approval from the board, the producer committee must provide the affected pool handler 90 days written notice before controlling and directing marketing of surplus milk sold in bulk.

(ii) In the event the producer committee directs the marketing of surplus milk sold in bulk, it may hire agents and incur other expenses as necessary to fulfill that function.

(3) All proceeds received by a pool handler from the surplus milk sold in bulk:

(a) must be added to the utilization value that the pool handler owes the pool settlement fund, less the following deductions:

(i) the amount for which the pool handler owes or has paid the pool settlement fund based on the class of utilization for the sale;

(ii) an optional administrative fee not exceeding $0.02/cwt; and

(iii) reasonable transportation expenses incurred by the pool handler, which may not include farm pickup charges; and

(b) includes all valuable consideration paid in any form and must be documented by reporting forms, invoices, contracts, and other evidence as may be requested by the bureau.

(4) A pool handler may request negative adjustments to the utilization value that the pool handler owes the pool settlement fund for sales of Class I packaged products that are surplus milk. Negative adjustments offset the costs associated with processing and marketing surplus milk that otherwise would have been marketed and sold in a manner that is less economically advantageous to the pool producers.

(a) Negative adjustments may be allocated to sales in individual states or groups of states in any manner as long as the aggregate of the adjustments does not exceed the sum of maximum adjustments allowed. Negative adjustments may be allocated in any manner between pool handlers affiliated by common ownership.

(b) Adjustments are calculated on the net export weight of Class I packaged products that are surplus milk, as determined by the bureau.

(c) The maximum negative adjustment for the net export weight of Class I packaged products that are surplus milk sold to markets in states contiguous to Montana is $2.55/cwt.

(d) The maximum negative adjustment for the net export weight of Class I packaged products that are surplus milk sold to markets in states not contiguous to Montana is $3.05/cwt.

(5) When the producer committee directs the marketing of surplus milk sold in bulk, the following will occur:

(a) All proceeds received by the producer committee from the sale of surplus milk sold in bulk must be deposited in the pool settlement fund.

(b) All proceeds received include all valuable consideration paid in any form and must be documented by reporting forms, invoices, contracts, and other evidence as may be requested by the bureau.

(c) All expenses incurred by the producer committee to market the surplus milk sold in bulk must be paid from the pool settlement fund. All expenses must be documented by reporting forms, invoices, contracts, and other evidence as may be requested by the bureau.

(d) Before the 8th day of the month after related sales, the producer committee must communicate the following information to the pool handler that would have otherwise marketed the surplus milk:

(i) If unknown to the pool handler, the identity of pool dairies whose milk was utilized for the surplus milk bulk sales and the quantities and butterfat and skim milk content of milk utilized from each pool dairy.

(ii) The total quantities and butterfat and skim milk content of surplus milk sold in bulk and the classes of utilization.

(e) The pool handler that would have otherwise marketed the surplus milk must include the information reported in (d) in the reports it is required to file with the bureau.

(f) For purposes of calculating the quota price and excess price in ARM 32.24.513, all proceeds received by the producer committee must be added to the utilization value, less the following deductions:

(i) the amount for which the pool handler has paid the pool settlement fund based on the class of utilization for the sale or the amount owed by the pool handler if proceeds are received by the producer committee in the same month as the sale;

(ii) reasonable transportation expenses incurred by the pool handler. Farm pickup charges may not be included as deductions. Farm pickup charges are the usual charges to the producer for transporting milk to the pool plant; and

(iii) expenses incurred by the producer committee to market the surplus milk sold in bulk.

(g) Following the deposit of proceeds received by the producer committee, the amount that the pool handler owes to the pool settlement fund for utilization of pool milk will be reduced by the following:

(i) reasonable transportation expenses incurred by the pool handler, which may not include farm pickup charges; and

(ii) the amount the pool handler:

(A) paid the pool settlement fund based on the class of utilization for the sale; or

(B) would have owed to the pool settlement fund based on the class of utilization for the sale, if proceeds are received by the producer committee in the same month as the sale.

History

• Authorizing statute(s): 81-23-104, MCA
• Implementing statute(s): 81-23-103, 81-23-302 MCA
• History: NEW, 1996 MAR p. 2428, Eff. 10/1/96; AMD, 2000 MAR p. 1753, Eff. 9/1/00; AMD, 2000 MAR p. 3413, Eff. 12/8/00; AMD, 2009 MAR p. 2258, Eff. 11/26/09; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.524 Required Utilization of Milk Sourced from Montana Dairies

(1) Any plant operated by a pool handler with milk in excess of that plant's processing needs must first make that milk available to other pool handlers under the terms and conditions in ARM 32.24.525 before disposing of that milk as surplus milk.

(2) Any plant operated by a pool handler without milk sufficient to satisfy its non-surplus processing needs must first utilize milk available from other pool handlers under the terms and conditions in ARM 32.24.525 before purchasing milk from other sources.

History

• Authorizing statute(s): 81-23-104, 81-23-302 MCA
• Implementing statute(s): 81-23-103, 81-23-302 MCA
• History: NEW, 2000 MAR p. 3413, Eff. 12/8/00; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Mont. Admin. R. 32.24.525 Procedures, Purchase Price, and Terms for Interplant Sales Between Pool Handlers

(1) A pool handler is in compliance with the requirements of ARM 32.24.524 if it calls for milk or makes milk available in the following manner:

(a) On Wednesday of the preceding week, a requesting pool handler in need of milk may communicate its milk needs for the coming week to a pool handler reasonably believed to have milk. The solicited pool handler must communicate its confirmation or rejection of the order back by Friday of that same week.

(b) Delivery to the requesting pool handler is the responsibility of the solicited pool handler.

(c) No pool handler is obligated to make milk available to any other pool handler who is then in default on payment for any previous purchases of milk.

(2) The purchase price at which a pool handler must make milk available and at which a pool handler must purchase milk is the utilization value based on the usage by class of the purchasing pool handler for such milk. This utilization value is calculated in the month following the month of transfer by the bureau using announced prices for the month in which the sale(s) took place.

(a) The bureau will calculate and communicate the purchase price to the selling and purchasing pool handlers on or before the 13th day of each month following the sale, or first business day thereafter. The pool handlers involved are responsible for making the appropriate invoice and payment.

(b) Premiums, hauling, or handling fees may not be charged to the purchasing pool handler.

(3) A pool handler who purchases milk agrees to pay the purchase price for all milk delivered on a monthly basis, with payment due by the last day of the month following delivery.

(4) The purchase price calculated in (2) is included in the amount the selling pool handler owes the pool settlement fund.

(a) A negative adjustment will be made to the utilization value that the selling pool handler owes the pool settlement fund for transportation charges incurred by the selling pool handler for shipments of bulk milk between pool plants.

(5) All milk purchased and sold must, at the time of delivery, meet all applicable local, state, and federal laws and regulations and any tendered milk that does not meet applicable standards may be rejected.

(6) The weight and butterfat tests are determined on the basis of producer ticket weights and tests. If the purchasing pool handler contests the reported weights, it may notify the bureau, which may reconcile any discrepancies.

(7) The bureau has full authority to direct the transfer of milk as necessary to implement ARM 32.24.524 and has the authority to issue alternative or additional procedures as necessary to implement this provision.

History

• Authorizing statute(s): 81-23-101, 81-23-103, 81-23-104, 81-23-302, 81-23-402, MCA
• Implementing statute(s): 81-23-101, 81-23-103, 81-23-104, 81-23-302, 81-23-402 MCA
• History: NEW, 2000 MAR p. 3413, Eff. 12/8/00; AMD, 2005 MAR p. 2680, Eff. 12/23/05; AMD, 2017 MAR p. 1151, Eff. 8/1/17.

Chapter 32.25 Livestock Loss Board

Subchapter 32.25.1 Livestock Loss Mitigation Program

Mont. Admin. R. 32.25.101 Loss Mitigation Program Applications and Appeals

(1) Loss reimbursement applications must be submitted no later than February 1 for depredations that occurred during the previous calendar year.

(2) A staff adjuster’s loss reimbursement decision may be appealed to the Livestock Loss Board within 60 days of the decision.

(3) Once paid, loss reimbursements are final and may not be adjusted except through the appeal process.

History

• Authorizing statute(s): 2-15-3110, MCA
• Implementing statute(s): 2-15-3112, 2-15-3113, MCA
• History: NEW, 2026 MAR, Notice No. 2026-38, Eff. 5/23/26.