HOUSE BILL NO. 112
INTRODUCED BY A. REDFIELD
BY REQUEST OF THE DEPARTMENT OF LIVESTOCK
AN ACT REVISING REQUIREMENTS FOR IMPORTATION OF ANIMALS, ANIMAL SEMEN, AND ANIMAL BIOLOGICS; CLARIFYING DOCUMENTATION OR PERMIT REQUIREMENTS FOR ANIMAL MOVEMENT; REPEALING REGULATIONS FOR SEMEN USED IN ARTIFICIAL INSEMINATION; AMENDING SECTION 81-2-703, MCA; AND REPEALING SECTIONS 81-2-401, 81-2-402, AND 81-2-403, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
"81-2-703. Documents required for importation -- exemptions. (1) Animals, animal semen, and animal biologics may not be brought into the state if significant danger to public or animal health will result upon entry into the state. Livestock infected with or exposed to brucellosis, tuberculosis, or any other infectious, contagious, or communicable disease may not enter the state unless destined directly for slaughter at a slaughterhouse under the supervision of the United States department of agriculture.
(1)(2) Except as provided in subsection (6), an animal, or animal semen, or animal biologic may not be brought into the state without a permit and a health certificate may not be brought into the state without a health certificate or other documentation of animal movement approved by the department.
(2) The department shall issue a permit if no significant danger to the public health will ensue upon importation of the animal, animal semen, or animal biologic into the state. A permit may not be issued for livestock infected with or exposed to brucellosis, tuberculosis, or any other infectious, contagious, or communicable animal disease, 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 the supervision of the United States department of agriculture.
(3) Prior to entry into the state, the department may also require a permit for animals, animal semen, or animal biologics.
(3)(4) The department may waive the requirement for a health certificate, or a permit, or documentation of animal movement as provided in subsection (7).
(4) The requirements of subsection (1) apply regardless of species, breed, sex, class, age, point of origin, place of destination, or purpose of movement.
(5) All required documents must be attached to the waybill or be in possession of the driver of the transporting vehicle or of the person in charge of the animals. When a single permit or health certificate is issued for animals being moved in more than one vehicle, the driver of each vehicle must have in the driver's possession a copy of the permit and, when applicable, a health certificate.
(6) Animals, animal semen, or animal biologics being moved through the state with no intent to unload or deliver in the state are exempted from this part. In an emergency situation, transitory cargo may be unloaded in compliance with the quarantine rules promulgated by the department.
(7) A waiver of the requirement for a health certificate, or a permit, or documentation of animal movement must be based upon evidence that there will be no significant danger to the public or animal health if the exemption is granted."
Section 2. Repealer. The following sections of the Montana Code Annotated are repealed:
81-2-402. Administration by department of livestock.
81-2-403. Only certain sires to be used for artificial insemination.
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Prepared by Montana Legislative Services