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| Montana Administrative Register Notice 32-13-236 | No. 2 01/30/2014 | |
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BEFORE THE DEPARTMENT OF LIVESTOCK OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On April 1, 2014, the Department of Livestock proposes to amend the above-stated rules.
2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on March 24, 2014, 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 rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
32.2.401 DEPARTMENT OF LIVESTOCK LICENSE FEES
(1) Animal Health: (a) Brucella ovis-free flocks certification - new $40.00 (b) Brucella ovis-free flocks certification - renewal 18.00 (c) Garbage feeder license - new 170.00 (d) Garbage feeder license - renewal 50.00 (e) Licensed equine-approved feedlot 1450.00 (f) Montana bull stud service 350.00 (g) Rendering or disposal plant license 5.00 (h) Trichomoniasis feedlot license - new 100.00 (i) Trichomoniasis feedlot license - renewal 12.00 (2) Brand Enforcement: (a) Hide dealer or buyer's license 5.00 (b) Livestock broker or dealer license 100.00 (c) Satellite video auction market operator 100.00 (3) Meat Inspection: (a) Slaughterhouse, meat packing house, meat depot, or mobile slaughter facility license 25.00 (4) Milk and Egg Inspection: (a) Condensed, evaporated, or powdered milk plant license 5.00 (b) Cream station license 5.00 (c) Dairy license 5.00 (d) Dairy producing milk for manufacturing purposes license 5.00 (e) Egg dealer's retail buying license 5.00 (f) Egg dealer's wholesale license 20.00 (g) Egg grader's license 5.00 (h) Fluid milk plant license 50.00 (i) Grader-weigher-sampler license 5.00 (j) Hauler license 5.00 (k) Manufactured dairy products plant license 50.00 (l) Milk or cream route license 5.00 (m) Milk or cream tester's license 10.00 (n) Producer, producer-distributor, distributor, or jobber 10.00 (o) Tester license 10.00
AUTH: 81-1-102, 81-22-102, MCA IMP: 81-1-102, 81-2-502, 81-3-107, 81-3-205, 81-3-211,
32.2.404 DEPARTMENT OF LIVESTOCK PERMIT FEES
(1) Animal Health: (a) Annual NPIP Poultry permit $4.00 (b) Biologics, conditional - new 30.00 (c) Biologics, conditional - renewal 10.00 (d) Biologics, unconditional 10.00 (e) Bovine semen, annual - domestic 4.00 (f) Bovine semen, annual - international 42.00 (g) Cross border grazing - new 37.00 (h) Cross border grazing - renewal 14.00 (i) Equine permit, annual 5.00 (j) Equine semen, annual 7.00 (k) Six-month horse passport 5.00 (2) Brand Enforcement: (a) Aerial hunting permit - annual 50.00 (b) Adjacent state transportation permit 10.00 (c) Adjoining county transportation permit 10.00 (d) Annual sheep permit for show purposes only within the state of Montana 1.00 (e) Domestic bison transportation permit 1.00 (f) Market consignment permit or transportation permit before removal from a county 1.00 (g) Permanent horse transportation permit 25.00 per head (h) Sheep removal permit 1.00
AUTH: 81-1-102, 81-22-102, MCA IMP: 81-3-205, 81-3-211,
32.2.405 DEPARTMENT OF LIVESTOCK MISCELLANEOUS FEES
(1) Animal Health: (a) Forms: (i) alternative livestock tags - deer (small) $27.50 (ii) alternative livestock tags - elk (medium) 42.00 (iii) SV-7 - large animal cvi book 24.00 (iv) SV-7A - cvi convoy replica book 25.00 (v) SV-7B - cvi continuation pages 37.00 (vi) SV-7GF - alternative livestock cvi book 35.00 (vii) SV-7GFc - alternative livestock continuation 15.00 (viii) SV-7HP - 6-month horse passport book 55.00 (ix) SV-69A - trichomoniasis test report 37.00 (x) trichomoniasis tags (5) 5.75 (xi) trichomoniasis tags (10) 11.50 (xii) trichomoniasis tags (25) 32.25 (2) Brand Enforcement: (a) Brand book - CD 15.00 (b) Brand book - data download fee commensurate with cost (c) Brand book - paper copy (per county) 30.00 (d) Certified copy of brand or mark record and duplicate certificate 10.00 (e) Copy of original livestock bill of sale 10.00 (f) Estray sale cost and disposition of animals if no bid is offered: (i) cost for estray sale 100.00 (ii) cost if owner claims before sale 50.00 (iii) the department may re-offer for sale or give the animal to an individual or rescue facility in the area, or if there are no other options, condemn and destroy or otherwise dispose of it. (g) Game farm animal inspection 3.00 a head (i) inspector may also charge necessary actual expenses if required to wait for the animals to be presented for inspection. (h) Filing of livestock security interests 25.00 (i) Hide inspection 1.00 a head (j) Horses, mules, or asses inspection before removal from a county or before change of ownership 6.00 a head (k) If more than ten animals of the same type are offered for inspection on the same day by the same owner, starting with the eleventh animal 3.00 a head (l) Horses, mules, or asses inspection before sold or offered for sale at a licensed livestock market 6.00 a head (m) Livestock inspection before removal from a county or before change of ownership 75 cents a head (i) cow/calf pairs-spring going to pasture only 75 cents per pair (n) Livestock inspection before being sold or offered for sale at a licensed livestock market or slaughtered at a licensed slaughterhouse 75 cents a head (o) Livestock market operator certificate as required 100.00 (p) Recording a new mark or brand, recording a mark or brand transfer $200.00 (i) Rerecording a mark or brand 100.00 (q) Releasing an animal, except horses, mules, or asses, for purpose of removal from a licensed livestock market 75 cents a head (r) Releasing horses, mules, or asses, for purpose of removal from a licensed livestock market $6.00 a head (s) Research/copy-scan fees may be charged for livestock inspection lookups in the country and/or markets based on MDOL Public Records Request.
AUTH: 81-1-102, 81-22-102, MCA IMP: 81-3-107, 81-3-205, 81-3-211, 81-8-304, 81-9-112, MCA
REASON: The Montana Department of Livestock is proposing to raise Animal Health fees commensurate with costs (81-1-102 and 37-1-134, MCA). In addition, ARM 32.2.401, 32.2.404, and 32.2.405 were reorganized for clarity.
FISCAL IMPACT:
Veterinarian Forms: These fee increases will affect approximately 439 large animal veterinarians. Fees associated with costs (printing, packaging, handling, postage, and data entry) for veterinarian forms have not been adjusted since 2003. Also, the federal traceability rule requires that MDOL enter identification of sexually intact livestock over 18 months of age leaving Montana. The additional time to enter this information from paper certificates is significant. Total costs for data entry processing the Large Animal Health Certificates is significantly higher than what is assessed, but is offset by federal cooperative agreement traceability money. Fee increases are necessary to provide revenue to help recover the cost of processing these forms.
Licenses and Permits: License and special permit fee increases will affect approximately 1448 persons.
The Animal Health division has statutory oversight over the importation of biological products such as animal vaccines. The time required to review applications from pharmaceutical companies for the sale and distribution of vaccines is not being recouped. Other administrative costs are associated with Animal Health licenses such as Montana Bull Stud Service and Licensed Equine-approved Feedlot which provide necessary and convenient services for the livestock industry and the public.
In addition, the Animal Health division has developed a variety of "special" permits in response to veterinarian or animal owner requests over the years. Special permits, such as the Annual Equine Import permit, Seasonal Grazer permit, Six-Month Horse Passport, and several others, often provide added flexibility and extended dates for animal movement.
Fees for licenses and special permits are now necessary to help bring our revenue and expenditures in line.
32.3.201 DEFINITIONS (1) In this subchapter: (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. (h) "Montana-approved bull stud" means a licensed facility that meets the requirements in ARM 32.3.220. (m) "Test-eligible bison" means all domestic bison two months of age and over.
AUTH: 81-2-102, 81-2-103, 81-20-101, MCA IMP: 81-2-102, 81-2-103, 81-20-101, MCA
REASON: These changes are necessary to bring all ARM language in line with the newly proposed fee rules. Punctuation edits and renumbering were changed for clarity and to comply with ARM standard formatting.
32.3.204 PERMIT REQUIRED FOR LIVESTOCK, GAME, FURBEARING ANIMALS,
AUTH: 81-2-102, 81-20-101, MCA
REASON: Changes to the catchphrase are necessary to bring all ARM language in line with the newly proposed fee rules.
32.3.207 PERMITS (1) remains the same. (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. (3) through (5) remain the same.
AUTH: 81-2-102, 81-20-101, MCA
REASON: These changes are necessary to bring all ARM language in line with the newly proposed fee rules.
32.3.212 ADDITIONAL REQUIREMENTS FOR CATTLE (1) remains the same. (a) cattle being transported or moved through Montana with no intent to unload in the state are exempt from this section. 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) through (6) remain the same. (7) Test-eligible cattle that are sexually intact dairy cattle, sporting bovines, or sexually intact beef cattle originating from outside of the United States must have one negative tuberculosis test within 60 days prior to importation. Cattle (8) through (9)(e) remain the same. (f) those imported to a Montana bull stud; (g) through (15) remain the same.
AUTH: 81-2-102, 81-2-103, 81-2-707, MCA
REASON: MDOL has been in an ongoing process to update all rules to incorporate long-standing official orders. Importation requirements for bison are outlined in ARM 32.3.224 and therefore no longer need to be referenced in ARM 32.3.212. Changes to (9)(f) are necessary to bring all ARM language in line with the newly proposed fee rules.
32.3.216 HORSES, MULES, AND ASSES (1) through (5) remain the same. (6) Equids being moved directly to a USDA-approved equine slaughter or a licensed equine-approved feedlot establishment may be exempted from EIA test requirements. (7) and (8) remain the same.
AUTH: 81-2-102,
REASON: These changes are necessary to bring all ARM language in line with the newly proposed fee rules. Authorizing and implementing citations are being updated.
32.3.220 SEMEN SHIPPED INTO MONTANA (1) remains the same. (2) Bovine semen may not be transported into Montana for the purpose of artificial insemination and bovine semen may not be used for artificial insemination unless it originates from bulls whose health status conforms to the requirements that follow: (a) (b) (i) through (v) remain the same. (vi) Bulls must not be (3) through (8) remain the same.
AUTH: 81-2-102, 81-20-101, MCA
REASON: These changes are necessary for clarity and to bring all ARM language in line with the newly proposed fee rules.
32.3.501 DEFINITIONS (1) through (24) remain the same. (25) "Virgin bull" is defined in ARM 32.3.201 (26) and (27) remain the same.
IMP: 81-2-102, MCA
32.3.502 OFFICIAL TRICHOMONIASIS TESTING AND CERTIFICATION REQUIREMENTS (1) remains the same. (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
AUTH: 81-2-102, 81-2-103, 81-2-707, MCA
REASON: Changes to ARM 32.3.501 and 32.3.502 are necessary to conform to ARM standard formatting.
32.3.1505 BLOOD TESTING WITH SALMONELLA ANTIGENS (1) through (6) remain the same. (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) through (c) remain the same.
AUTH: 81-20-101, MCA IMP: 81-20-101, MCA
REASON: These changes are necessary to bring all ARM language in line with the newly proposed fee rules.
32.15.209 VETERINARY FEES (1) The fees for health certification for interstate shipment and for necessary tests or vaccinations will be paid by the owner of the livestock
REASON: These changes are necessary to bring all ARM language in line with the newly proposed fee rules.
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., March 31, 2014.
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 written request for a hearing and submit this request along with any written comments to the above address no later than 5:00 p.m., March 31, 2014.
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 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 this 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 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
DEPARTMENT OF LIVESTOCK
BY: /s/ Christian Mackay BY: /s/ Robert Stutz Christian Mackay Robert Stutz Executive Officer Rule Reviewer Board of Livestock Department of Livestock
Certified to the Secretary of State January 21, 2014.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
