This rule has been repealed.

(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.

(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;

(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);

(ab) Trichinellosis (Trichinella spiralis);

(ac) Tuberculosis (Mycobacterium bovis) (quarantine);

(ad) Tularemia (Francisella tularensis);

(ae) Vesicular stomatitis (VS) (quarantine);

(af) 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;

(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.

(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.

(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.

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

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

(2) Quarantined animals shall be identified by brand, tattoo, dye mark, eartag, or other identification acceptable to the Montana Department of Livestock.

(3) 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.

(4) The person issuing the quarantine shall deliver personally or forward through the United States mail, by registered mail return receipt requested with instructions to deliver to the addressee only, the notice of quarantine to the owner or agent of the animals quarantined.

(5) The person issuing the quarantine shall also immediately deliver notice personally or by mail to the state veterinarian.

(6) Where quarantined animals are shipped for immediate slaughter under permit from the Montana Department of Livestock, the veterinarian issuing the permit will use the approved federal and state form.

(7) 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 he is satisfied that, according to generally accepted veterinary practice, the animals are not affected with or have not been directly exposed to a quarantinable disease.

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

(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.

(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.

This rule has been repealed.

(1) A car, truck or conveyance cleaned and disinfected in accordance with the provisions of ARM 32.3.131 must be placarded with a placard signed and dated by the officer supervising the cleaning and disinfecting, certifying that the car, truck or conveyance has been properly cleaned and disinfected under his supervision.

This rule has been repealed.

(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.

(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).

(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.

(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 Montana State Veterinarian's office by phone, fax, or mail;

(d) report immediately all cases of quarantinable diseases (ARM 32.3.104 and 32.3.105) to the state veterinarian in Helena, by telephone or fax;

(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) file a monthly form regarding other reportable diseases; and

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

(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.

(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 or an equivalent form of the U.S. Department of Agriculture 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.

(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.

(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.

This rule has been repealed.

(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.

(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.

(1) Permits are issued by the Montana 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, final destination, purpose of shipment, method of transportation, and such other information as the state veterinarian may require.

(2) Permits are valid for no longer than ten days from the date of issuance 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) entry extended, 30 days;

(d) equine annual, yearly;

(e) NPIP poultry, yearly;

(f) re-entry, up to 30 days;

(g) semen:

(i) equine, annual;

(ii) bovine, domestic, annual;

(iii) bovine, international, annual; and

(h) six-month horse passport, six months.

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

(j) biologics, permanent, 5 years.

(3) Permits will be issued provided the animals shown thereon are in compliance with these rules. However, in order 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 by telephone. The permit number so issued 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.

(5) When these rules require entry by permit, at the time the permit is issued, the department may require that an official health certificate or other approved documentation be obtained either at the point of origin, the point of destination, or some other location within Montana designated by the department.

This rule has been repealed.

(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.

(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.

(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.

(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.

(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.

(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.

(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 EIA within the previous 12 months as a condition for obtaining the permit required by ARM 32.3.207.

(2) Unless otherwise specifically provided in this rule all horses, asses, and other equidae that are moved into the state of Montana shall be accompanied by an official certificate of veterinary inspection or equine passport certificate 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 USDA 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 a written 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 equine passport certification under a state system of equine certification acceptable to the cooperating states.

(a) Equine passport certificates cannot be used when equids are moved for the purposes of sale or change of ownership of the equid, animal breeding activities, or movements that involve stays of longer than 90 days. Equids moved for these purposes must be accompanied by a certificate of veterinary inspection.

(b) Equine passport movement must involve short term travel to or from the state of Montana for participation in equine activities including but not limited to participation in equine events, shows, rodeos, roping, trail rides, and search and rescue activities.

(c) Equine passport certificates shall be valid for only one animal and shall contain the following information:

(i) the name and address of the owner;

(ii) the location at which 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.

(d) No certificate or veterinary inspection or equine passport certificate shall be issued for equine to enter Montana unless it is complete in all respects with requirements of the state of Montana.

(e) Equine passport certificates must be properly completed with the required tests and certifications recorded on the certificate and a copy of the completed certificate must be submitted to and approved by the Department of Livestock.

(f) Equine passport 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.

(g) The recipients of equine passport certificates shall be required to submit a travel itinerary to the state veterinarian's office within ten working days following the date of expiration of the certificate. The travel itinerary shall include a listing of all travel that the equid made into and out of the state of Montana during the validity of the certificate.

(h) The Department of Livestock may cancel any equine passport certificate in the event of serious or emergency disease situations or for certificate holder's failure to comply with the rules that apply to such certificates. 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.

(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.

(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.

(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.

(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. 

(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.

This rule has been repealed.

(2) Research facilities may not import any livestock or poultry without a permit.

This rule has been repealed.

(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.

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

(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.

(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.

(2) "Department" is the Montana department of livestock, animal health division.

(3) An "animal" is any quadruped of a species which can become infected with pseudorabies.

(4) An "official test" is any department-approved pseudorabies test conducted by a person authorized by the department and the USDA, as specifically qualified to conduct such test on animals or animal tissues. Official tests are designed to indicate the presence of pseudorabies infection, utilizing one or more of the following procedures: latex agglutination (LA) , serum neutralization (SN) , florescent antibody (FA) , enzyme labeled immunosorbant assay (ELISA) , or any other virus isolation test or serological procedure recognized for use in the diagnosis of pseudorabies.   To be considered official, the test must be conducted in an approved facility. Interpretation of test results are to be made by an individual qualified to make such scientific judgments and who is in the employ of the department or the USDA. Interpretation and test results are to be reported on official forms of the department.

(5) An "approved reagent" is a standardized biologic product approved by USDA for use in pseudorabies testing. Use of approved reagents, which includes antigens and test serums, are restricted to official tests only.

(6) "Official vaccination" is the administration of an approved pseudorabies immunization biologic licensed by USDA. The administration will be by a deputy state veterinarian or other person approved by the state veterinarian. The vaccination will be administered only with the express permission of the state veterinarian, and all such vaccinations will be reported on forms provided by the department. Only official vaccination is permitted in Montana.

(7) An "official vaccinate" is an animal receiving an official vaccination and which is given proper permanent identification.

(8) "Proper permanent identification" means use of the official nine-character alpha-numeric eartag as provided by the

(9) An "infected or positive animal" is any animal that discloses sufficient reaction to an official test which indicates the presence of field strain pseudorabies virus or which is found to be infected with field strain pseudorabies virus by other recognized diagnostic procedures.

(10) A "suspect animal" is an animal disclosing an equivocal result to an official test or diagnostic procedure in which there is sufficient reaction, indicating the possible presence of pseudorabies infection but is in itself insufficient to justify classification of the animal as infected. This classification ordinarily requires the use of additional laboratory testing procedures to allow classification as infected or noninfected.

(11) A "noninfected or negative animal" is an animal free of clinical signs of pseudorabies and giving a negative result to an official test designed to detect pseudorabies infection with field strain virus.

(12) An "exposed animal" is any animal that is part of a herd or the herd premises infected with pseudorabies, or an animal that has had sufficient contact anywhere with pseudorabies infection or test reactors for the transmission of pseudorabies virus to have occurred. Animals other than swine that have not had significant contact with infected pseudorabies animals within the previous 10 days are not considered exposed.

(13) A "herd" is one or more animals of the same species owned or supervised by one or more persons and that permits intermingling of animals unhindered or in which interchange of animals without regard to health status is allowed.

(14) A "contact herd" is a herd of animals of the same species that, through epidemiological investigation, is shown to come proximal to infected or test positive animals sufficiently for the transmission of pseudorabies virus to occur. Also, a herd containing exposed animals.

(15) A "herd test" is a test of all animals six months of age and older contained as a herd. Blood samples taken at the herd test will be identified to the donor animal using proper permanent identification applied to that animal.

(16) A "random herd test" is a herd test at recognized random rates that yield significant confidence that any infection would have been detected. Recognized random rates are shown in the UM&R for pseudorabies eradication.

(17) "Offspring segregation plan" means a procedure whereby offspring of pseudorabies-infected sows are segregated from those infected sows at an age where they are passively immune to pseudorabies and by applying test and separation principles can be developed into pseudorabies-free breeding swine that serve as the foundation for a pseudorabies-free breeding herd (Reference:

(18) "Emergency circumstances" means events or situations which, in the opinion of the board of livestock, pose an immediate or impending economic or livestock health danger to the livestock industry.

(1) Any swine producer or person in custody of swine who has reason to suspect the presence of pseudorabies infection shall report that fact immediately to the state veterinarian or a practicing accredited deputy state veterinarian of his choice.

(2) A deputy state veterinarian who suspects or has reason to suspect the presence of pseudorabies in Montana swine shall immediately report the particulars to the state veterinarian's office by the fastest means possible.

(1) Swine found infected with or exposed to pseudorabies and other animals infected with or exposed to pseudorabies shall be quarantined by official order, including any premises where these animals are found or have been recently kept.

(2) No susceptible animal shall be brought into or removed from the quarantine premises without express written permission by the department.

(1) When the state veterinarian has reason to suspect the presence of pseudorabies, he shall place the premises and animals of this suspicion under quarantine, pending assurance testing he may prescribe or may handle the premises and animals according to standard quarantine release provisions.

(a) A negative response to an official pseudorabies herd test made upon all swine in the quarantined herd, not including suckling pigs, and performed at least 60 days after the last clinical sign of pseudorabies has been detected in the herd and the last reactor animals have been removed;

(b) Be identified as progeny of quarantined breeding swine that have completed an approved offspring segregation plan; or

(c) The removal, through euthanasia, or through removal directly to an approved slaughter destination without first passing through an auction market or a buying station or other concentration point where exposure to other livestock could result. Animals so moved to slaughter must be accompanied by a quarantine release issued by the department; or

(d) The removal of all pseudorabies quarantined swine to other premises specifically approved on a case-by-case basis by the state veterinarian to receive these animals. The approved premises may or may not be already under quarantine for pseudorabies. The following conditions must be met:

(i) The swine are moved to the approved receiving premises under and accompanied by a permit issued for this purpose by the department. The permit shall set forth appropriate conditions for the transfer and for the handling of the swine at the approved receiving premises.

(ii) Swine fed at the approved receiving premises are moved directly to slaughter by special permit pursuant to subsection (b) of this rule after reaching an acceptable condition for slaughter.

(iii) All other animals in the approved receiving premises, if not so already, are placed under quarantine subject to quarantine release pursuant to sections (1) and (2) , subsections (a) , (b) , (d) , and (e) of this rule.

(iv) Any swine remaining at the original quarantine premise shall be released from quarantine only after compliance with subsections (a) , (b) , (d) , and (e) of this rule.

(e) In any event, the quarantine premises must be cleaned and disinfected in a manner and within a time interval approved by the department as a condition for quarantine release. All carcasses of animals dead of any cause must be disposed of as directed by the state veterinarian. The premises must remain vacant of swine for 30 days following quarantine release or for that period of time recommended by the state veterinarian.

(f) The vehicles used for transporting swine to the approved receiving premise shall be cleaned and disinfected in a manner approved by the department of livestock before being used in the further transportation of any livestock.

(g) The department may order the disposal by slaughter of any reactor swine.

(2) Animals other than swine that are free of clinical signs of pseudorabies and that have not had exposure to pseudorabies for at least ten days may be released from quarantine and may move without restriction.

(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.

(1) The department may, at any time, order the official testing or retesting of animals for the presence of pseudorabies if it considers such tests necessary to prevent the introduction or spread of pseudorabies.

(2) Orders shall state the approximate number and location of the animals and shall be signed by the state veterinarian.

(2) The board action will specify the class of swine (feeder, breeder, slaughter) , the area (county) involved, time period of validity, and a justification for the action.

(3) The order will specify who will be the party (buyer, seller, department) responsible for these test expenses.

(4) Any exemptions to the testing under ARM 32.3.307A will be specified, as such for qualified or monitored free swine herds.

(a) An owner of animals quarantined or identified as suspects as the result of an initial official pseudorabies test shall present the animals for an official retest within ten days of the date of retest order. The state veterinarian may allow more time for a good cause shown.

(b) An owner presenting animals for an ordered test shall provide manpower, equipment, and facilities sufficient to restrain the animals for the purposes of successfully accomplishing the test.

(c) Expenses of sampling, bleeding, individually identifying, and testing for pseudorabies will be met by the department unless the owner or agent in charge of the animals has violated Montana law, administrative rule, or department order. In violation cases, bleeding, sampling, and testing expenses shall be met by the owner or person in charge of the animals when the test is ordered.   Other expenses may be charged in accordance with 81-2-109, MCA.

(2) The cost of obtaining blood for testing under ARM 32.3.307A will be met as specified in the test order at the time of issue.   Lab test cost will be met by the department.

(1) Immediately upon quarantine of a herd of animals for pseudorabies, the state veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved to determine methods and actions necessary to extirpate the disease and to determine contact herds, exposed animals, and the sum of the factors responsible for the presence of the disease.

(2) Upon request of the owner of the infected herd, the investigation in (1) may be conducted with assistance and participation of a deputy state veterinarian selected and paid for by the owner.

(3) An official epidemiological report must be prepared that specifies methods and timetables necessary for control and eradication of the disease. This report will be prepared by the person(s) that conducted the investigation and will be based on the findings of that investigation.

(1) Using the epidemiological report required by ARM 32.3.309 as its basis, a memorandum of understanding must be developed between the infected herd owner and the department representative to establish a pseudorabies eradication plan for the infected herd.

(a) The eradication plan must follow recognized cleanup guidelines as supported by the National Pseudorabies Control Board and the Uniform Methods and Rules for pseudorabies eradication.

(b) Specific dates for accomplishing tasks will be included.

(c) The owner may select, at his expense, a deputy state veterinarian to participate in the preparation of the memorandum and eradication plan.

(d) Herd management practices will be employed to facilitate disease eradication and/or interim disease control leading to eradication.

(2) The memorandum will be the basis for managing the infected herd until the quarantine is released. Any modifications of the memorandum must be made in writing and subscribed to by both parties. Any agreement to depopulate is part of the memorandum of understanding.

(3) If, in the judgment of the department, emergency circumstances warrant actions beyond the terms of the memorandum, the department, through the board of livestock, may take such actions as are lawful and necessary to control and eradicate this disease. This may included an ordered depopulation of the herd with or without indemnity, as authorized by law.

(4) The memorandum of understanding shall be considered a binding agreement, having the force of an order, as contemplated under 81-2-102, MCA. Failure by the owner of an infected herd to agree on a memorandum of understanding within 30 days of issuance of the infected herd quarantine will constitute an emergency circumstance in which the department may immediately slaughter or cause to be slaughtered any quarantined animals. The state veterinarian may, for good cause, extend the time limit for completion of a memorandum of understanding.

(a) Use of separate facilities--pens, docks, and alleys.

(b) Cleaning and disinfection of impervious surfaces between classes and before use.

(c) A combination of (a) and (b) together with separate sale days.

(2) If contact closer than ten feet between classes occurs, or if direct use of contaminated facilities occurs:

(a) any such exposed feeder and breeding swine will be identified by official eartag and released only to a Montana destination under quarantine for pseudorabies testing 30 days after arrival at that destination; or

(b) be released only for immediate slaughter.

(3) Out-of-state swine shall move to Montana markets and concentration points in accordance with part 76, 9CFR agreement conditions only and then consistent with the Uniform Methods and Rules for pseudorabies eradication under the following categories:

(a) 9CFR approved slaughter only markets.

(b) 9CFR approved feeder pig markets.

(c) 9CFR approved all classes markets.

(4) Identification: All swine moving to a slaughter point, or to a livestock market or buying station for sale to immediate slaughter shall be individually identified to herd of origin upon arrival at such concentration point using any of the approved forms of the following devices: eartag, backtag, tattoo, or any other device the department may approve or require. Identification to origin by lot at slaughter plants will be acceptable identification.

(a) Copies of the current 9CRF are on file with the Department of Livestock and may be reviewed at the offices located at 6th Avenue and North Roberts in Helena, Montana. Copies are available from the Superintendent of Public Documents, Government Printing Office, Washington, D.C., upon payment of a fee and identification by rule number.

(2) The Montana department of livestock will certify and recertify a breeding swine herd as pseudorabies monitored for feeder pig production when sampled and tested negative in compliance with the current Uniform Methods and Rules for pseudorabies eradication or the provisions of the National Pseudorabies Control Board criteria for monitored herds.

(a) Copies of the Uniform Methods and Rules for pseudorabies eradication and criteria of the National Pseudorabies Control Board are available from the department of livestock upon request.

(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.

(a) acts of God, including severe weather conditions, inaccessibility of livestock due to floods, etc.;

(b) unavailability of livestock due to summer pasturage in inaccessible areas;

(c) the peak calving period for the owner directed to comply with a departmental order; or

(d) personal hardship to the owner created by death, serious illness, or serious accident in his family.

(2) When the state veterinarian receives a request for an extension of a time limit imposed under this subchapter, he shall investigate the claim that good cause for the time extension exists, and upon a finding that such good cause does exist and that no other livestock operator will suffer significant harm as a result of the time extension for a period not to exceed 60 days.

(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.

(2) The state veterinarian, upon discovery that the owner of imported livestock eligible for official vaccination cannot or will not otherwise have those cattle or domestic bison officially vaccinated, shall arrange for the official vaccination of such eligible cattle or domestic bison at a reasonable cost to the owner.

This rule has been repealed.

(1) The department, at any time, may order the official testing or retesting of animals for the presence of brucellosis if it considers such tests necessary to prevent the introduction or spreading of brucellosis.

(2) Orders to test shall be signed by the state veterinarian.

(3) The order shall clearly state the number or approximate number and location of the animals.

(2) This test shall be performed on the following cervidae: all caribou or elk over six months of age capable of breeding.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Immediately upon quarantine of a herd for brucellosis the state veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved to determine the specific methods and actions necessary to eradicate the disease from the herd and to determine contact herds and animals.

(2) Upon request of the owner of the infected herd, the investigation provided for in (1) may be conducted with the assistance and participation of a deputy state veterinarian selected and paid for by the owner.

(3) An official epidemiological report must be prepared that specifies the methods necessary to eradicate the disease and includes a time table for the accomplishment of the various tasks.

(4) A person who is aggrieved by determination made pursuant to this section may appeal in writing to the state veterinarian within five days after notice of such determination. The state veterinarian may affirm, reverse or modify such determination after he has reviewed the epidemiological report and the issues involved.

(1) Using the epidemiological report required by ARM 32.3.411 as its basis, a memorandum of understanding must be developed between the owner of the infected herd and the department to establish a disease eradication effort for the infected herd. The memorandum shall cover at least the following points:

(a) herd management practices that will be employed to facilitate disease eradication or interim disease control leading to eradication,

(b) any physical facility modification that will be required,

(c) specific dates for accomplishing the tasks required.

(2) This memorandum of understanding will be developed with the participation of a deputy state veterinarian selected by the owner if the owner so desires.

(3) The memorandum of understanding is the basis for management of the quarantined herd until the quarantine is released. Any modifications of the memorandum must be made in writing and subscribed to by both parties. Any agreement to depopulate the herd is part of the memorandum of understanding.

(a) If, in the opinion of the department emergency circumstances warrant action beyond the terms of the memorandum, the department through the Board of Livestock may take such actions as are lawful and necessary to control and eradicate this disease. This may include an ordered depopulation of the herd with or without indemnity, as authorized by law.

(4) The memorandum of understanding shall be considered a binding agreement between the parties having the force of an order as contemplated under 81-2-102, MCA. Failure by a quarantined herd owner or his agent to come to an agreement on the memorandum of understanding within 90 days of the imposition of quarantine or to follow its terms shall be considered a violation of orders under that section of the statutes, and shall be an emergency circumstance in which the department may immediately slaughter or cause to be slaughtered any quarantined animals.

(2) Animals which have been subjected to an official test for brucellosis must be identified with serially numbered identification ear tags of the United States Department of Agriculture or of the department, registration tattoos, numbered earmarks, or other definite individual animal identification mark, approved by the department, and applied under the supervision of the department.

(3) The United States Department of Agriculture backtag is adopted by the department 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.

This rule has been repealed.

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

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

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

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

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

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

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

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(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:

(1) All sexually intact cattle and domestic bison leaving the DSA must be identified with official individual identification.

(1)  Cattle or domestic bison located within the DSA must have an official brucellosis test within 30 days 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.

(e) Animals utilizing the DSA during the low-risk period (entering the DSA after July 15 and leaving prior to February 15).

(2) A test completed July 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.

(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.

(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.

(2) Copies of Uniform Methods & Rules for Brucellosis Eradication are available from the department upon request.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(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.

(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.

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.

(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."

(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.

(1) Any culture positive animal must be confirmed by PCR unless the animal is destined directly to slaughter.

(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.

(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.

(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.

(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.

This rule has been repealed.

(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.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) The size of the brand may not be less than 2 inches nor more than 3 inches high.

(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.

(1) The owner or his 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 in charge of the herd.

(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.

(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.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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).

This rule has been repealed.

(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.

(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.

(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.

(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.

(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.

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(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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 Montana Department of Livestock, Animal Health Division.

(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 five 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 Montana Department of Livestock, Animal Health Division Laboratory for autopsy and bacteriological examination. The number of reactors to be submitted must be designated by a representative of the Montana Department of Livestock, Animal Health Division. 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 Montana Department of Livestock, Animal Health Division 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 Montana Department of Livestock, Animal Health Division 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.

(1) All out-of-state poultry to be exhibited in Montana must be accompanied by an official health certificate issued in compliance with sub-chapter 2. Such poultry must also comply with the requirements of this sub-chapter.

(2) All entries to a poultry exhibition, originating within Montana, must be accompanied by a declaration or certification in writing, made by an authorized representative of the Montana department of livestock, animal health division, that the poultry entries and the flocks from which they were obtained are free from evidence of or exposure to any infectious, contagious, or communicable disease of poultry. The declaration of certification may be made not more than 7 days prior to the admission of any poultry to be exhibited at any exhibition in Montana. The certificate must accompany the birds and be presented to the superintendent of the poultry exhibition when entries are made. The certificates are to be available to an authorized representative of the Montana department of livestock, animal health division.

(3) All entries must be vaccinated against Newcastle Disease with a killed-virus vaccine not less than 15 days nor more than 120 days prior to exhibition.

(4) Birds from flocks where fowl pox vaccination has been practiced may be exhibited, provided they have been officially vaccinated with pigeon pox vaccine at least 30 days, or with fowl pox vaccine at least 60 days prior to exhibition. No birds may be accepted for exhibition if fowl pox has existed in the flock during the preceding 12 months.

(5) Poultry may not be admitted for exhibition that originate from flocks in which laryngotracheitis has occurred within the past 16 months, or which have been vaccinated with laryngotracheitis virus within the last 10 days.

(6) All crates, boxes, containers, or vehicles, must be thoroughly cleaned and disinfected before being used to transport poultry to any exhibition.

(7) Upon being presented for admission to any exhibition, all poultry must be examined for evidence of infectious, contagious or communicable disease by a representative of the Montana department of livestock, animal health division. Poultry showing symptoms of an infectious, contagious or communicable disease, and all contact birds, must be refused admittance.

(8) All birds at the exhibition must be examined at least once each day by a representative of the Montana department of livestock, animal health division. Poultry showing evidence of any disease, and all poultry in the same cage, must be immediately removed and held in isolation under official quarantine.

This rule has been repealed.

(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".

This rule has been repealed.

(1) This rule is to assist in the control and eradication of bovine tuberculosis, bovine brucellosis, and other infectious, contagious, communicable diseases of cattle; and to assist in maintaining Montana as accredited-free tuberculosis state and certified brucellosis-free state.

(2) In this rule

(a) "Backtag" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services approved backtag adopted by the Montana Department of Livestock as an official animal identification tag.

(b) "Eartag" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services approved eartag adopted by the Montana Department of Livestock as an official animal identification tag.

(3) Cattle eighteen months of age or over, except steers and spayed heifers, which are moved for slaughter or for sale in public market channels must be individually identified by a backtag affixed a few inches from the backline and just behind the shoulder of the animal, or by an eartag.

(4) Cattle eighteen months of age or over, except steers and spayed heifers, may be moved from a farm, ranch, or feedlot to a slaughtering establishment operating under official meat inspection, or to a licensed livestock market, or to a public stockyard, or to a shipping point, provided such cattle are identified upon arrival thereat by backtag or eartag, as prescribed in (3), or by brand or lot if shipment is direct to slaughtering establishment from ranch or feedlot.

(5) Backtags or eartags applied, as required by (3) and (4) of this rule, must be recorded on departmentally prescribed forms, along with the date tags are applied; brand and location of brand; and herd owner's name, address, and county. The completed form must be sent to the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, Helena, Montana 59601, by not later than Saturday of the week in which the backtags or eartags were applied.

(2) No biologic may be brought into the state without a permit from the department of livestock 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 Montana department of livestock, 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 kept in a dark place at a temperature of not more than 45�F, and not less than 35�F, until such time as they are sold, and shall not be sold after their expiration date. They must be sold in their original container.

This rule has been repealed.

(1) All blood tests or other diagnostic tests for brucellosis, and all blood tests or other diagnostic tests for any infectious, contagious disease of livestock must be reported in writing, to the Department of Livestock, Animal Health Division, within one week after such test is made.

(2) Each report of a diagnostic test must be signed by the licensed veterinarian obtaining the blood and making a diagnostic test, and shall contain a complete statement of identification by means of eartag numbers, registration numbers, tattoo numbers, holding brands, or other acceptable identification; also the name and address of the owner and actual results of the test and action taken.

This rule has been repealed.