Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

In the matter of the amendment for ARM 32.3.214 special requirements for goats

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NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On September 21, 2013, the Department of Livestock proposes to amend the above-stated rule.

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on September 5, 2013, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: [email protected].

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

32.3.214 SPECIAL REQUIREMENTS FOR GOATS (1) remains the same.

(2) Dairy and breeding goats may enter the state of Montana provided they 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) ~~they~~ have been tested for brucellosis with negative results within 30 days of the date of shipment; or

(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) remains the same.

(b) they originate directly from an tuberculosis-accredited ~~tuberculosis free~~ herd; or

(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 an tuberculosis-accredited ~~tuberculosis free~~ herd; or

(b) through (5)(b) remain the same.

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

(6) and (7) remain the same.

AUTH: 81-2-102, 81-20-101, 81-2-103, 81-2-707, MCA

IMP: 81-2-102, 81-20-101, 81-2-103, 81-2-701, MCA

REASON: Department of Livestock has received two requests asking the agency to reconsider the requirements of a negative brucellosis test on dairy goats imported into Montana or re-entering Montana after attending an out of state exhibition. The proposed change would exempt animals for exhibition that do not originate from a brucellosis management area from a negative brucellosis test prior to importation into Montana.

4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to [email protected] to be received no later than 5:00 p.m., September 19, 2013.

5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m., September 19, 2013.

6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in number 4 above or may be made by completing a request form at any rules hearing held by the department.

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

9. The bill sponsor contact requirements of 2-4-302, MCA do not apply.

10. With regard to the requirements of Chapter 318, Section 1, Laws of 2013, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

DEPARTMENT OF LIVESTOCK

BY: /s/ Christian Mackay BY: /s/ George H. Harris

Christian Mackay George H. Harris

Executive Officer Rule Reviewer

Board of Livestock

Department of Livestock

Certified to the Secretary of State August 12, 2013.