2017 Montana Legislature
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SENATE BILL NO. 173
INTRODUCED BY J. COHENOUR, T. FACEY, S. HINEBAUCH, E. MCCLAFFERTY, M. MCNALLY, M. PHILLIPS, C. SMITH, C. VINCENT, J. WELBORN, K. WHITE
AN ACT PROHIBITING THE USE OR SALE OF DEER OR ELK URINE ORIGINATING IN A PLACE WITH DOCUMENTED OCCURRENCES OF CHRONIC WASTING DISEASE; AND PROVIDING A DELAYED EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Imported urine -- use or sale prohibited. (1) Except as provided in subsection (2), the use or sale of deer or elk urine to mask human odor is prohibited if the urine originated in a state or province with documented occurrences of chronic wasting disease as determined by the commission.
(2) The commission may allow deer or elk urine otherwise prohibited by subsection (1) if the deer or elk urine is produced in a facility that the commission determines:
(a) complies with a federal or a federally approved chronic wasting disease herd certification program and any federal chronic wasting disease protocols and record requirements;
(b) does not allow importation of live cervids, except in cases of catastrophic loss or herd replenishment;
(c) requires that all cervids exported from the facility be tested for chronic wasting disease upon death and the results are reported to the facility;
(d) is inspected annually by an accredited veterinarian, including inspection of the herd and applicable records; and
(e) maintains a fence at least 8 feet high around the facility and, if the facility is located within 30 miles of a confirmed positive occurrence of chronic wasting disease, is double fenced to prevent direct contact between captive and wild cervids.
(3) (a) Except as provided in subsection (3)(b), a violation of this section is a misdemeanor punishable by a fine of up to $500 for each separate offense.
(b) Through January 31, 2019, violators of this section must be issued a warning but may not be fined.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 6, part 2, and the provisions of Title 87, chapter 6, part 2, apply to [section 1].
Section 3. Effective date. [This act] is effective January 1, 2018.
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Version of SB 173 (SB0173.ENR)
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