BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.202 requirements for importation, 32.3.203 importation of diseased animals, 32.3.206, official health certificate documents for importation, 32.3.207 permits, and 32.3.214 special requirements for goats

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

            1.  The Department of Livestock proposes to amend the above-stated rules.

  

            2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process or 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 October 11, 2019, to advise us of the nature of the accommodation that you need. Please contact the Department of Livestock, 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) 444-1929; e-mail: [email protected].

 

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

 

32.3.202  REQUIREMENTS FOR IMPORTATION (1)  Unless otherwise specifically provided in this rule all animals, animal semen, and animal biologics transported or moved into the state of Montana must be accompanied by an official health certificate and a permit 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. The driver of the vehicle or person in charge of the animals must have in their possession a copy of the official health certificate and permit number. When a single health certificate or permit is issued for animals being moved in more than one vehicle the driver of each vehicle shall have in his possession a copy of the health certificate or permit.

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

 

AUTH:  81-2-102, 81-2-703, 81-2-707, 81-20-101, MCA

IMP: 81-2-102, 81-2-703, 81-20-101, MCA

 

32.3.203 IMPORTATION OF DISEASED ANIMALS (1)  No permit may be issued for livestock 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, except that cattle with a positive reaction to a recognized test for brucellosis may be permitted entry when 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) remains the same.

 

AUTH: 81-2-102, 81-20-101, MCA

IMP: 81-2-102, 81-20-101, MCA

 

32.3.206 OFFICIAL HEALTH CERTIFICATE DOCUMENTS FOR IMPORTATION  (1) through (5) remain the same.  

 

AUTH: 81-2-102, 81-2-104, 81-2-707, 81-20-101, MCA

IMP: 81-2-102, 81-2-104, 81-2-703, 81-20-101, MCA

 

32.3.207 PERMITS (1) through (4) remain the same.

(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.

 

AUTH: 81-2-102, 81-2-103, 81-2-104, 81-2-707, 81-20-101, MCA

IMP: 81-2-102, 81-2-103, 81-2-104, 81-2-703, 81-20-101, MCA

 

REASON: Historically, the Department of Livestock has required that animals, animal semen, and animal biologics have both a health certificate and an import permit for entry into Montana. Import permits allowed the department to obtain real time movement data ahead of the receipt of paper health certificates in the Helena office, a process that can take several weeks. Electronic health certificates allow for the rapid transmittal of movement data making the permitting process unnecessary. For biologics, a health certificate is not the most appropriate documentation of importation and for many biologics, there is no clear benefit of regulating importation. The screening and qualification process that these products undergo to be licensed by the USDA Center for Veterinary Biologics far exceeds the level of expertise within the Department of Livestock.

 

Therefore, the department is proposing amendments to ARM 32.3.202 requirements for importation, 32.3.203 importation of diseased animals, 32.3.206, official health certificate documents for importation, and 32.3.207 permits in response to HB112.

 

HB112 was a department-requested piece of legislation that revised the requirements for importation of animals, animal semen, and animal biologics into Montana, clarifying documentation and permit requirements for animal movements, and repealed regulations for semen used in artificial insemination.

 

The changes to the MCA associated with HB112 are set to take effect October 1, 2019, and the proposed amendments to the above administrative rules reflect that house bill. 

 

The authorization citations in ARM 32.3.202 have been updated.

 

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

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

            (a) through (7) remain the same

 

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

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

 

REASON: In FY19, Montana imported 737 goats; 264 of those goats were dairy breeds and 473 were meat breeds. The department is proposing the addition of clarifying language specifying that only dairy breeds of goats are required to have a negative brucellosis test prior to importation.  Testing of goats for brucellosis is primarily focused on Brucella melintensis.  This disease is considered a foreign animal disease and is not known to be present in the United States.  The primary concern of the disease is spread to humans through the consumption of dairy products thus the focus on dairy breeds of goats. Brucella abortus rarely affects small ruminant species.

 

            4. Concerned persons may submit their data, views, or arguments in writing concerning the proposed action to the Executive Officer, Department of Livestock, 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., October 18, 2019.

 

            5. If persons who are directly affected by the proposed action wish to express their data, views, or 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., October 18, 2019.

 

            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 businesses 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 directly affected has been determined to be 4, based upon approximately 46 importers of goats into Montana.

 

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

 

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

 

            9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

BY:      /s/ Michael S. Honeycutt                             BY:      /s/ Cinda Young-Eichenfels

            Michael S. Honeycutt                                              Cinda Young-Eichenfels

            Board of Livestock                                                   Rule Reviewer

            Department of Livestock

 

Certified to the Secretary of State September 10, 2019.