Issue 3 - the Montana Secretary of State Website
Issue 3 - the Montana Secretary of State Website Issue 3 - the Montana Secretary of State Website
-416- RESPONSE #5: The economic analysis has not changed from existing rule to the proposed changes regarding supplies used for sampling. One pouch would be used for PCR, three pouches for three cultures. Veterinary fees are individualized and are not able to be estimated or averaged. COMMENT #6: The local brand inspector is becoming overwhelmed by animal health issues from Brucellosis to Trichomoniasis and some of these rules are overkill. RESPONSE #6: The local brand inspector is a critical component to a functioning Department of Livestock in tracking animal movements and preventing the spread of livestock diseases. The department is dedicated to increasing education and providing support for these inspectors through the district brand investigators and by providing more public information about livestock diseases. COMMENT #7: ARM 32.3.502(d) says bulls sold, loaned, leased, or otherwise acquired found to be without test must be treated as positive and sent to slaughter. This is too aggressive to force the sale of these bulls since there is now a fine and a misdemeanor ticket. RESPONSE #7: The department agrees and has changed the language to be: (d) Test eligible bulls sold, loaned, leased, or otherwise acquired without a negative test are in violation of ARM 32.3.502 and must be quarantined away from females and tested. The owner is liable for any fine, expenses, and/or misdemeanor ticket as stated in new penalty rule. COMMENT #8: How are these proposals to be enforced Numerous times the state office has told me there is not enough manpower to enforce the equine shipped semen regulations; therefore, how will the manpower be present to enforce new Trich proposals RESPONSE #8: Administrative staff handles import permits, including shipped equine semen, while three regional animal health/brand investigators plus 16 district brand inspectors perform local investigations, quarantine, and movement controls. COMMENT #9: I was told brand inspectors would be in charge of manpower and enforcement. How will grazing association testing be enforced if the cattle are not crossing county lines RESPONSE #9: Like any management program, the key critical component is education and voluntary testing by participants for the benefit of the state's livestock industry. Peer pressure helps, but unless the violations are passed on to brand inspectors there will be minimal enforcement on animal movement within the county. COMMENT #10: On page 1858 New Rule I(1)(c) how is this to be collected Montana Administrative Register 3-2/11/10
-417- RESPONSE #10: At the time of the testing, the veterinarian is due the cost of testing and it will be enforced by the department. COMMENT #11: If positive animals that are ordered to be quarantined get out, who is responsible The state for ordering quarantine or rancher RESPONSE #11: An owner of any livestock is responsible for their animals straying or moving off land owned or controlled by them, according to statute. The Trichomoniasis rule does not affect current law. The goal of this rule is to balance disease detection, prevention, eradication, at the same time allowing the cattle industry to continue to thrive without interfering unnecessarily with commerce. COMMENT #12: What determines if exposed herds may be quarantined as in ARM 32.3.506(3) RESPONSE #12: Epidemiological investigation of positive animals commingling with other herds determines exposure and quarantine. COMMENT #13: On page 1856 ARM 32.3 503(1) if the lab reports positives, why does the practitioner also need to repeat RESPONSE #13: ARM 32.3.201 requires veterinarian reporting of many diseases. In this day and age of electronic laboratory notification it can happen that faxes or e- mails don't get delivered. There are also out of state labs that may not report to the Department of Livestock as well as some in clinic culture screening tests that are being performed. Most often with Trichomoniasis, the department is calling the veterinarian to inform them of the result so no further reporting is required. COMMENT #14: Is there any deadline for the state veterinarian or epidemiologist to respond to owner of positive Trich animals RESPONSE #14: The goal of the department is to notify the veterinarian first and then the owner within two working days of receiving the results. This is a seasonally detected disease, and we do get inundated during certain times and rely on the veterinarian to provide information to the producer regarding the Montana Trich program, including restriction of movement of the positive animal and the requirement for slaughter unless a retest is requested. COMMENT #15: ARM 32.3.503(2) what is the need to report negative Trich animals RESPONSE #15: Negative test results are important to gather statistics to determine incidence of disease per tested cattle per county or state. If a county does not have any Trich reported, is it because they truly don't have the disease or is it because they are not testing bulls This is a question that is asked repeatedly by producers all over the state - they want to know where testing is going on and if they have Trich in their county. 3-2/11/10 Montana Administrative Register
- Page 117 and 118: -365- regulations and should be del
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- Page 123 and 124: -371- Applied Research Foundation D
- Page 125 and 126: -373- COMMENT NO. 51: A commentor n
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- Page 133 and 134: -381- In 40 CFR 258.57 and 40 CFR 2
- Page 135 and 136: -383- pursuant to (3), that complia
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- Page 139 and 140: -387- scientific studies. Sen. Keat
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- Page 157 and 158: -405- /s/ MARK CADWALLADER Mark Cad
- Page 159 and 160: -407- Comments 3 through 16 pertain
- Page 161 and 162: -409- RESPONSE 11: The board apprec
- Page 163 and 164: -411- BEFORE THE BOARD OF DENTISTRY
- Page 165 and 166: -413- BEFORE THE DEPARTMENT OF LIVE
- Page 167: -415- (f) file a monthly form regar
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- Page 173 and 174: -421- COMMENT #29: What is an accep
- Page 175 and 176: -423- BEFORE THE DEPARTMENT OF MILI
- Page 177 and 178: -425- plan eligible individuals who
- Page 179 and 180: -427- (2) remains as proposed. AUTH
- Page 181 and 182: -429- RESPONSE #11: The department
- Page 183 and 184: -431- RESPONSE #23: The department
- Page 185 and 186: -433- BEFORE THE DEPARTMENT OF PUBL
- Page 187 and 188: -435- COMMENT #4: It was requested
- Page 189 and 190: -437- BEFORE THE DEPARTMENT OF PUBL
- Page 191 and 192: -439- (a) NWE has executed a power
- Page 193 and 194: -441- 20. Third, the Commission mus
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- Page 199 and 200: -447- Unacceptable Assets - Proof o
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- Page 205 and 206: -453- 24.210.301 and other rules -
- Page 207 and 208: -455- 37.86.3501 and other rules -
-417-<br />
RESPONSE #10: At <strong>the</strong> time <strong>of</strong> <strong>the</strong> testing, <strong>the</strong> veterinarian is due <strong>the</strong> cost <strong>of</strong><br />
testing and it will be enforced by <strong>the</strong> department.<br />
COMMENT #11: If positive animals that are ordered to be quarantined get out, who<br />
is responsible The state for ordering quarantine or rancher<br />
RESPONSE #11: An owner <strong>of</strong> any livestock is responsible for <strong>the</strong>ir animals straying<br />
or moving <strong>of</strong>f land owned or controlled by <strong>the</strong>m, according to statute. The<br />
Trichomoniasis rule does not affect current law. The goal <strong>of</strong> this rule is to balance<br />
disease detection, prevention, eradication, at <strong>the</strong> same time allowing <strong>the</strong> cattle<br />
industry to continue to thrive without interfering unnecessarily with commerce.<br />
COMMENT #12: What determines if exposed herds may be quarantined as in ARM<br />
32.3.506(3)<br />
RESPONSE #12: Epidemiological investigation <strong>of</strong> positive animals commingling<br />
with o<strong>the</strong>r herds determines exposure and quarantine.<br />
COMMENT #13: On page 1856 ARM 32.3 503(1) if <strong>the</strong> lab reports positives, why<br />
does <strong>the</strong> practitioner also need to repeat<br />
RESPONSE #13: ARM 32.3.201 requires veterinarian reporting <strong>of</strong> many diseases.<br />
In this day and age <strong>of</strong> electronic laboratory notification it can happen that faxes or e-<br />
mails don't get delivered. There are also out <strong>of</strong> state labs that may not report to <strong>the</strong><br />
Department <strong>of</strong> Livestock as well as some in clinic culture screening tests that are<br />
being performed. Most <strong>of</strong>ten with Trichomoniasis, <strong>the</strong> department is calling <strong>the</strong><br />
veterinarian to inform <strong>the</strong>m <strong>of</strong> <strong>the</strong> result so no fur<strong>the</strong>r reporting is required.<br />
COMMENT #14: Is <strong>the</strong>re any deadline for <strong>the</strong> state veterinarian or epidemiologist to<br />
respond to owner <strong>of</strong> positive Trich animals<br />
RESPONSE #14: The goal <strong>of</strong> <strong>the</strong> department is to notify <strong>the</strong> veterinarian first and<br />
<strong>the</strong>n <strong>the</strong> owner within two working days <strong>of</strong> receiving <strong>the</strong> results. This is a seasonally<br />
detected disease, and we do get inundated during certain times and rely on <strong>the</strong><br />
veterinarian to provide information to <strong>the</strong> producer regarding <strong>the</strong> <strong>Montana</strong> Trich<br />
program, including restriction <strong>of</strong> movement <strong>of</strong> <strong>the</strong> positive animal and <strong>the</strong><br />
requirement for slaughter unless a retest is requested.<br />
COMMENT #15: ARM 32.3.503(2) what is <strong>the</strong> need to report negative Trich<br />
animals<br />
RESPONSE #15: Negative test results are important to ga<strong>the</strong>r statistics to<br />
determine incidence <strong>of</strong> disease per tested cattle per county or state. If a county<br />
does not have any Trich reported, is it because <strong>the</strong>y truly don't have <strong>the</strong> disease or<br />
is it because <strong>the</strong>y are not testing bulls This is a question that is asked repeatedly<br />
by producers all over <strong>the</strong> state - <strong>the</strong>y want to know where testing is going on and if<br />
<strong>the</strong>y have Trich in <strong>the</strong>ir county.<br />
3-2/11/10 <strong>Montana</strong> Administrative Register
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