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81-2-101. Authority of department agents
In the performance of his official duties, an agent or officer of the department may enter
on or in a lot, yard, land, building, room, premises, enclosure, car, wagon, boat, or
other place or vehicle used for the treatment, storage, manufacture, display, or
transportation of animals, meat, or dairy products intended for sale or disposal as food.
The agent or officer may enter anywhere where there may be found livestock affected with
or which has been exposed to or which the officer has reason to believe is either affected
with or has been exposed to an infectious, contagious, communicable, or dangerous disease
or disease-carrying insects.
81-2-102. Powers of department
(1) The department may:
(a) supervise the sanitary conditions of livestock in this state, under the provisions of
the constitution and statutes of this state and the rules adopted by the department. The
department may quarantine a lot, yard, land, building, room, premises, enclosure, or other
place or section in this state that is or may be used or occupied by livestock and that in
the judgment of the department is infected or contaminated with an infectious, contagious,
communicable, or dangerous disease or disease-carrying medium by which the disease may be
communicated. The department may quarantine livestock in this state when the livestock is
affected with or has been exposed to disease or disease-carrying medium. The department
may prescribe treatments and enforce sanitary rules that are necessary and proper to
circumscribe, extirpate, control, or prevent the disease.
(b) foster, promote, and protect the livestock industry in this state by the investigation
of diseases and other subjects related to ways and means of prevention, extirpation, and
control of diseases or to the care of livestock and its products and to this end may
establish and maintain a laboratory, may make or cause to be made biologic products,
curatives, and preventative agents, and may perform any other acts and things as may be
necessary or proper in the fostering, promotion, or protection of the livestock industry
in this state;
(c) impose and collect fees that the department considers appropriate for the tests and
services performed by it at the laboratory or elsewhere and for biologic products,
curatives, and preventative agents made or caused to be made by the department. In fixing
these fees, the department shall take into consideration the costs, both direct and
indirect, of the tests, services, products, curatives, and agents. All fees must be
deposited in the state special revenue fund for the use of the animal health functions of
the department.
(d) adopt rules and orders that it considers necessary or proper to prevent the
introduction or spreading of infectious, contagious, communicable, or dangerous diseases
affecting livestock and alternative livestock in this state and to this end may adopt
rules and orders necessary or proper governing inspections and tests of livestock and
alternative livestock intended for importation into this state before it may be imported
into this state;
(e) adopt rules and orders that it considers necessary or proper for the inspection,
testing, and quarantine of all livestock and alternative livestock imported into this
state;
(f) adopt rules and orders that it considers necessary or proper for the supervision,
inspection, and control of the standards and sanitary conditions of slaughterhouses, meat
depots, meat and meat food products, dairies, milk depots, milk and its byproducts, barns,
dairy cows, factories, and other places and premises where meat or meat foods, milk or its
products, or any byproducts thereof intended for sale or consumption as food are produced,
kept, handled, or stored. An authorized representative of the department may take samples
of a product so produced, kept, handled, or stored for analysis or testing by the
department. The records of the samples and their analysis and test, when identified as to
the sample by the oath of the officer taking it and verified as to the analysis or test by
the oath of the chemist or bacteriologist making it, are prima facie evidence of the facts
set forth in them when offered in evidence in a prosecution or action at law or in equity
for violation of 81-9- 201, 81-20-101, 81-21-102, 81-21-103, part 1, 2, or 3 of this
chapter, or a rule or order of the board adopted thereunder. These standards, insofar as
they relate to dairies or milk and its byproducts, may not include standards of weight or
measurement.
(g) adopt rules and orders that seem necessary or proper for the supervision and control
of manufactured and refined foods for livestock and the manufacture, importation, sale,
and method of using a biologic remedy or curative agent for the treatment of diseases of
livestock. However, as far as practicable, the standards approved by the United States
department of agriculture must be adopted.
(h) install an adequate system of meat inspection in accordance with 81-9-216 through
81-9-220 and 81-9-226 through 81-9-236 that must provide ways and means for shipping
home-grown and home-killed meats into any city in this state. As far as practicable, the
rules must conform with the meat-inspection requirements of the United States department
of agriculture.
(i) slaughter or cause to be slaughtered any livestock in this state known to be affected
with or that has been exposed to an infectious, contagious, communicable, or dangerous
disease, when the slaughter is necessary for the protection of other livestock, and
destroy or cause to be destroyed all barns, stables, sheds, outbuildings, fixtures,
furniture, or personal property infected with any infectious, contagious, communicable, or
dangerous disease when they cannot be thoroughly cleaned and disinfected and the
destruction is necessary to prevent the spreading of the disease;
(j) indemnify the owner of any property destroyed by order of the department or pursuant
to any rules adopted by the department under 81-20-101, 81-21-102, 81-21-103, or part 1,
2, or 3 of this chapter;
(k) require persons, firms, and corporations engaged in the production or handling of
meat, meat food products, dairy products, or any byproducts thereof to furnish statistics
of the quantity and cost of the food and food products produced or handled and the name
and address of persons supplying them any of the products.
(2) When in the exercise of its powers or the discharge of its duties it becomes necessary
for employees of the department to investigate facts and conditions, they may administer
oaths, take affidavits, and compel the attendance and testimony of witnesses.
81-2-103. Adoption of rules
The department shall adopt and enforce rules for the inspection and tuberculin testing of
dairy cattle or other animals and for the inspection, testing, treatment, or disposition
of livestock or other animals affected with or which may have been exposed to infectious,
contagious, communicable, or dangerous disease and for the quarantines provided for in
this chapter or 81- 20-101.
81-2-104. Rules -- agreement with federal government
When the department determines that it is necessary to eradicate or control an infectious,
contagious, communicable, or dangerous disease of livestock in this state, in cooperation
with the United States department of agriculture or other federal agency, and to appraise
and destroy animals affected with or which have been exposed to a disease or to destroy
property in order to remove the infection and complete the cleaning and disinfection of
the premises or to do any act or incur any other expense reasonably necessary in
suppressing this disease, the board may accept and adopt on behalf of the state the rules
adopted by the United States department of agriculture or other federal agency under
authority of an act of congress or the portion considered necessary, suitable, or
applicable. The department may adopt other rules necessary or desirable for this purpose
and cooperate with the United States department of agriculture or other federal agency in
the enforcement of the rules accepted and adopted.
81-2-105. Authority of municipal corporations
Nothing in this title prevents the governing authority of a municipal corporation from
enacting or enforcing ordinances for the inspection of slaughterhouses, meat depots, meat
markets, meat food products, creameries, butter or cheese factories, dairies, or dairy
products located, sold, or offered for sale in the limits of the municipal corporation. An
ordinance may not be enforced in conflict with the powers of this title delegated to the
department and its officers or agents.
81-2-106. Cooperation by public officers
The department of public health and human services and local boards of health of a county,
city, or town shall cooperate with and assist the department in matters that relate to the
execution of its sanitary powers regarding livestock and their food products in the manner
prescribed by the department, either by general rule or direct order.
81-2-107. Duty to report contagious diseases
A person, including the owner or custodian, who has reason to suspect the existence of a
dangerous, infectious, contagious, or communicable disease in livestock or the presence of
animals exposed to the disease in this state shall immediately give notice to the
department.
81-2-108. Diseased animals not to run at large -- burial of carcasses
It shall be unlawful for any owner, agent, or person in charge of any domestic animal or
animals that are known to be suffering from or exposed to a dangerous, infectious,
contagious, or communicable disease to permit such animal or animals to run at large on
the public range or public highway. It shall be the duty of the owner or agent or person
in charge of animals which died or they have reason to suspect did die from an infectious,
contagious, communicable, or dangerous disease to properly bury or burn the same.
81-2-109. Expenses, how paid -- lien and foreclosure
(1) If there is no violation of law or department rule, the expense of inspecting,
testing, supervision of quarantine, supervision of dipping, supervision of disinfection,
and supervision of other treatment of diseased or exposed livestock by the department and
the sanitary inspection of dairies, packinghouses, meat depots, slaughterhouses, milk
depots, and other premises shall be paid for by the department. However, the owner of the
livestock or property is liable for all expenses, except the salary of the designated
supervising officer representing the department, when the owner, agent, or person in
charge of the livestock or property has violated the law or rules of the department.
(2) The expenses for which an owner, agent, or person in charge is liable under subsection (1) include:
(a) all investigatory expenses, including travel, meals, and lodging of all investigating officers representing the department; and
(b) all other expenses, extraordinary or otherwise, that in the judgment of the department are reasonably necessary to ensure that there has been or will be compliance with all applicable laws and rules.
(3) The department, at the conclusion of an investigation of a violation, shall serve notice on the violator, informing him of all expenses for which he is liable. The notice must state that if a response is not sent within 30 days of receipt of the notice, the notice is prima facie evidence of the reasonableness of the expenses and of the violator's liability for them.
(4) A showing by the department that a response to the notice required by subsection (3) was not received within 30 days of receipt of the notice is prima facie evidence of the reasonableness of the expenses stated and of the liability of the violator for those expenses.
(5) These expenses are a lien on the livestock or other property, and the department may retain possession of the livestock until the charges and expenses are paid. The lien is not dependent on possession and may be foreclosed in the name of the agent of the department by sale at public auction of the stock or as many as may be necessary to pay the sum of the costs, after 10 days' notice by posting in three public places in the county. The lien may also be foreclosed by an action in a court of competent jurisdiction against the owner of the livestock to recover the amount of charges and expenses.
81-2-110. Expense of cleaning and disinfecting carriers' facilities
The expense of cleaning and disinfecting cars, yards, or other transportation facilities
of a common carrier, when required by the department, is a charge against the common
carrier. Also, the expense of supervising the cleaning and disinfecting of cars for
transportation of livestock, when required at a point other than disinfection points
agreed on between the department and the carrier, is a charge against the common carrier.
81-2-111. Injunctive remedies
The department may apply for and the court may grant a temporary or permanent injunction
restraining any person from violating the provisions of parts 1 through 3 of this chapter
or rules adopted thereunder, notwithstanding the existence of other remedies at law. When
the application of other remedies has been insufficient to compel action to control,
extirpate, or prevent the spread of disease or upon a showing that an animal disease
emergency exists and that other remedies probably would be insufficient to compel action
to control the emergency, the department may apply for and the court may grant mandatory
injunctive relief.
81-2-112. Prohibition by governor on importation of animals from localities where disease
exists -- penalty
(1) Whenever the governor has good reason to believe that any disease dangerous or
inimical to the livestock or poultry industry or dangerous to dogs or other animals has
become epidemic in certain localities in any other state, territory, District of Columbia,
or other country, he shall issue a proclamation designating such localities and
prohibiting the importation therefrom into this state, except under such restrictions as
he may deem proper, of any livestock, poultry, dogs, or other animals or articles or
commodities likely to convey such disease or diseases.
(2) Any person who, after the publication of such proclamation, knowingly receives any livestock, dog, fowl, or other animal or article or commodity designated in such proclamation as likely to convey disease from any of the prohibited districts and transports or conveys the same within the limits of this state is punishable by imprisonment in the county jail for not less than 60 days or more than 8 months and by a fine of not less than $300 or more than $5,000 or by both such fine and imprisonment and is further liable for any and all damages and loss that may be sustained by any person or persons by reason of the disobedience of such proclamation.
81-2-113. Penalty
Any person, persons, firm, or corporation violating any provision of parts 1 through 3 of
this chapter, or the rule or order promulgated by authority of same shall be guilty of a
misdemeanor. Violations shall be tried without undue delay in any court of competent
jurisdiction.
81-2-114. Civil liability
A person, firm, or corporation which violates parts 1 through 3 of this chapter or rules
or orders of the department is liable for damages sustained by a person because of the
violation. The damages may be recovered by the person in a civil action in a court of
competent jurisdiction.
81-2-201. Classification of animals as to compensation for slaughter
Animals slaughtered under the direction of the department by order of the board are
divided into two classes for the purposes of compensation:
(1) Animals determined by the department to be affected with an incurable disease, which are destroyed by order of the board, are designated as animals of class 1, and unless otherwise provided each of the animals shall be paid for on the basis of 75% of its appraised value. The county in which the animal was owned at the time it was determined to be affected with an incurable disease is liable in part, as later provided, for an indemnity to be paid for the animal. The ownership and county are determined by an affidavit of the owner of the animal or his agent. Each animal directed to be destroyed shall be appraised by a representative or an authorized agent of the department with the owner agreeing in writing as to the value of the animal. When appraised, due consideration shall be given to its breeding value as well as its dairy or meat value and the condition of the animal as to the disease and the present and probable effect of the disease on the animal. In the absence of an agreement, there shall be appointed three competent, disinterested parties, one appointed by the department, one by the owner, and a third by the first two, to appraise each animal, taking into consideration its breeding value as well as its dairy or meat value and the condition of the animal as to the disease and the present probable effect of the disease on the animal. The judgment of the majority is the judgment of the appraisers and is binding on both parties as the final determination of indemnity to be paid for each animal. The total compensation of each group of appraisers is limited to $5 for the group appraisal, one-half of which shall be paid by the department. The total amount of indemnity paid by the state and a county for an animal may not exceed the actual sound value of an animal of its class, and the total combined amount of indemnity paid for the animal by the state and a county may not exceed the sum of $100 for a registered purebred animal or the sum of $50 for a grade animal. Animals presented for appraisal as purebreds shall be accompanied by their registration papers at the time of appraisal or they shall be appraised as grades. If purebreds are less than 3 years old and not registered, the department may grant a reasonable time for their registration and presentation of their registration papers to the appraiser. Registration papers shall accompany the claim for indemnity.
(2) Animals of class 1 shall be paid for on the basis of their full appraised value as determined in this section if no evidence of incurable disease is disclosed by autopsy, bacteriologic, serologic, microscopic, or other findings. The total combined amount of indemnity paid by the state and a county for an animal may not exceed the actual sound value of an animal of its class. The total combined amount of indemnity paid by the state and a county for the animal may not exceed $100 for a registered purebred animal or $50 for a grade animal.
(3) Animals which are determined by the department to be affected with or exposed to foot-and-mouth disease, rinderpest, contagious pleura pneumonia, surra, or other infectious, contagious, communicable, or dangerous disease, which is not of its nature necessarily fatal, and are destroyed by order of the department as a sanitary safeguard, are designated as animals of class 2 and each animal shall be paid for on the basis of its full appraised value. The appraised value shall be determined in the manner set out in subsection (1) of this section. The appraisal of the animals shall be based on the meat, dairy, or breeding value of the animal, but where appraisal is based on breeding value of the animal, no appraisal may exceed three times its meat or dairy value. The total amount of indemnity paid by the state for an animal may not exceed the actual sound value of an animal in its class. No indemnity for a class 2 animal may be paid by a county. In the case of destruction of an animal afflicted with brucellosis (Bang's disease), no indemnity shall be paid for the animal unless the board, in its discretion, determines the best interests of this state will be served by payment of an indemnity. In this event, the board shall set out standards of indemnity by rules and may not pay in excess of $100 for a registered purebred animal or $50 for a grade animal. In all cases where the federal government or agency other than the state compensates the owner in whole or in part for livestock destroyed as a sanitary safeguard, the amount of compensation from the state shall be determined under 81-2-210.
(4) Animals which are injured or killed while they are being inspected or tested under an order of the department or its agent, which do not come within either class 1 or class 2, may be paid for at their full appraised value if the claim for the animal is recommended for payment at a meeting of the board. Where it is shown that the injury or death of the animal was not proximately due to the negligence of the owner or his agent, the whole claim, when approved, shall be paid out of department funds. The limit of indemnity for an animal paid for by the state may not exceed that fixed by this section for animals of class 2.
81-2-202. Payment for other personal property
Personal property other than livestock destroyed by order of the department shall be paid
for on the basis of its appraised value. The appraised value is determined in the manner
specified in 81-2-201 for the determination of the appraised value of animals.
81-2-203. Indemnity -- from what funds paid
In payment for animals or property destroyed by order of the department, the state shall
pay one-half of the indemnity out of the money at the disposal of the department. The
county liable in part for the indemnity shall pay one-half of the total indemnity out of
the general fund of the county.
81-2-204. Presentation of claims for indemnity
Claims against the state and county which arise from the destruction of animals or
property by order of the department shall be made on forms provided by the department.
They must contain an affidavit by the owner or his agent with knowledge of the animal or
property, certifying to the ownership of the animal or property, the county in which they
are owned, and that the animal or property has been destroyed under the law and the rules
of the department. These claims must be accompanied by a certificate from the department
that the animal or property was ordered destroyed. The claims shall also be accompanied by
a certificate of appraisement as appraisal is determined under 81-2-201, together with an
account of sale showing the net proceeds from the sale of the animal, if any, paid to the
owner of the animal.
81-2-205. Indemnity for class two animals in state less than one hundred twenty days
Indemnity for animals of class 2 shall be paid out of department funds when the animals
have not been in this state for at least 120 days and the payment is authorized by the
department under 81-2-209(1)(e).
81-2-206. Verification and payment of claims
(1) All claims against the department must be verified by oath of the claimant or his
agent with knowledge of the facts. (2) Claims against the state arising under this part,
if found correct, shall be processed and paid from funds of the department.
81-2-207. Payment from county funds
The board of county commissioners of the county liable in part for the indemnity for any
such animal or property destroyed shall cause to be paid the amount due from said county
out of the general funds of the county.
81-2-209. When no indemnity
(1) The owner of an animal or property destroyed under this chapter is entitled to
indemnity, except in the following cases:
(a) animals belonging to the United States;
(b) animals brought into this state which violate this chapter or rules of the department;
(c) animals which the owner or claimant knew to be diseased or had notice of the disease at the time they came into his possession;
(d) animals which had the disease for which they were slaughtered or which were destroyed because of exposure to the disease at the time of their arrival in this state. However, a class 2 animal shipped into this state under department rules and accompanied by the proper certificate of health from a recognized state or federal veterinarian may be paid for when payment is authorized by the department.
(e) animals which have not been in this state for at least 120 days before the discovery of the disease; however, class 2 animals which have not been in the state 120 days may be paid for when payment is authorized by the department;
(f) when the owner or agent has not used reasonable diligence to prevent disease or exposure to disease;
(g) when the owner or agent has not complied with the rules of the department with respect to animals condemned;
(h) when animals condemned are not destroyed within 60 days after they are determined to be affected with or exposed to a disease which requires them to be destroyed by order of the department.
(2) No compensation or indemnity will be paid for the destruction of livestock affected with tuberculosis or other infectious, contagious, communicable, or dangerous disease unless the entire herd or band of affected livestock is under the supervision of the department for the eradication of the disease.
81-2-210. Compensation from federal government or other agency
(1) If the federal government or an agency other than the state or county compensates the
owner for livestock or property destroyed by order of the department, the amount of the
compensation from the federal government or other agency shall be deducted from the
owner's claim as filed against the state and county, that is, from the balance that
remains after the net salvage price received from the sale or other disposal of the
condemned animal has been deducted from the appraised value.
(2) If the owner or agent of the livestock or property destroyed by order of the department forfeits an indemnity, which the owner would otherwise be entitled to from the federal government or compensating agency other than the state or county, by violation of the rules of the federal government or other agency, an amount equal to the indemnity which would have been paid by the federal government or other indemnifying agency but for the forfeiture shall also be deducted from the owner's claim; that is, the balance that remains after the net salvage price received from the sale or other disposal of the condemned animal has been deducted from the appraised value.
81-2-301. Establishment of livestock disease control area -- entry into area --
compulsory inspection
(1) Upon receipt of a petition signed by not less than 75% of the livestock owners of the
species of animals to be inspected, tested, treated, or vaccinated, representing not less
than 50% of such species in any school district, as determined from the permanent records
of the board of county commissioners describing school district boundaries of any county
in the state of Montana, petitioning for the area control, treatment, prevention, or
eradication of any dangerous disease of livestock within such school district, the board
may establish such school district as a disease control area and may enforce the
inspection, test, treatment, or vaccination of all livestock of the species designated
within such school district in accordance with the rules promulgated by the department for
the inspection, eradication, treatment, or vaccination of such livestock and may reimburse
the owners of livestock slaughtered by order of the department or its authorized agent in
accordance with the laws of Montana governing the payment of such animal or animals.
(2) In any circumscribed disease control area as established under this section by the department, no other livestock of the species designated by the department to be inspected, tested, treated, or vaccinated may enter the disease control area unless inspected, tested, treated, or vaccinated under the direction of the department or accompanied by a satisfactory health certificate or except under special permit and restrictions provided by the department.
(3) When 75% or more of the school districts in any county in Montana are established under this section by the department as disease control areas, it becomes mandatory on the part of the remaining livestock owners in such county to submit their livestock of one or more species for inspection, test, treatment, or vaccination, as directed by the department.
81-2-302. Duty of department of revenue
The property tax record of the county in which the disease control area is to be
established is the basis for computing the required percentage of livestock owners and
livestock. The department of revenue shall certify to the department when the necessary
75% of the owners of livestock representing not less than 50% of the species of livestock
to be inspected, tested, treated, or vaccinated have signed the required petition.
81-2-303. Owner guilty of misdemeanor, when
A person in a disease control area who does not gather his livestock after being notified
by the department or its agent to have the livestock available or who refuses to have the
livestock inspected, tested, treated, or vaccinated or violates this part is guilty of a
misdemeanor.
81-2-701. Short title
This part may be cited as the "Animal Importation Permit and Health Certificate Act
of 1981".
81-2-702. Definitions
As used in this part, the following definitions apply:
(1) "Animals" means livestock, dogs, cats, rabbits, rodents, game animals,
fur-bearing and wild animals, and poultry and other birds.
(2) "Biologics" means medicinal preparations made from living organisms and
their products. The term includes but is not limited to serums, vaccines, antigens, and
antitoxins.
(3) "Department" means the department of livestock.
(4) "Health certificate" means a legible record written on an official health
certificate form of the state of origin or on an equivalent form of the U.S. department of
agriculture attesting that the animals, animal semen, or animal biologics described on the
certificate have been visually inspected by a federally accredited veterinarian and found
to meet the entry requirements of the state of Montana.
(5) "Livestock" means cattle, horses, mules, asses, sheep, llamas, alpacas,
bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in 87-4-406,
and other animals for purposes of disease prevention, control, and eradication.
(6) "Permit" means an official document issued by the department after proper
application that allows the movement of animals, animal semen, or animal biologics into
Montana.
(7) "Poultry" means domesticated birds, including but not limited to chickens,
turkeys, ducks, geese, guinea fowl, pigeons, and pheasants.
81-2-703. Documents required for importation -- exemptions
(1) Except as provided in subsection (6), no animal, animal semen, or animal biologic may
be brought into the state without a permit and also a health certificate.
(2) The department shall issue a permit if no significant danger to the public health will ensue upon importation of the animal into the state. No permit may 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 United States department of agriculture supervision.
(3) The department may waive the requirement for a health certificate or a permit 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 shall have in his possession a copy of the permit and, where 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, such 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 shall be based upon evidence that there will be no significant danger to the public health if the exemption is granted.
81-2-704. Quarantine for illegal entry -- liability for expenses
(1) Animals, animal semen, or animal biologics which enter the state of Montana without
the required importation papers or in violation of any rules of the department shall be
held in quarantine at the risk of the owner.
(2) The quarantine may be released only after the department has been satisfied, by appropriate means, that the animals, animal semen, or animal biologics under quarantine meet the requirements of law and the rules of the department.
(3) The owner of animals, animal semen, or animal biologics quarantined under this part is liable for all department expenses resulting from that quarantine except the expense of the salary of the supervising officer representing the department. Expenses include, but are not limited to, the expense of inspecting, testing, supervision of quarantine, supervision of dipping, supervision of disinfection, supervision of treatment, and laboratory testing.
81-2-705. Lien resulting from quarantine -- foreclosure of lien
(1) In accordance with the provisions of 81-2-109, the expenses of quarantine detailed in
81-2-704 are a lien on the animals, semen, or biologics and the department may retain
possession of them until the charges and expenses are paid. The lien is dependent on
possession and may be foreclosed in the name of the agent of the department by sale at
public auction of the animals, semen, or biologics or as much of them as may be necessary
to pay the expenses. (2) Posting notice for 10 days at three public places in the county
is required prior to auction. The lien may also be foreclosed by filing an action against
the owner of the property to recover the amount of charges and expenses in a court of
competent jurisdiction.
81-2-706. Consignment requirements
(1) All animals, animal semen, or animal biologics brought into Montana, other than
transitory cargo, must be consigned to or in the care of a person, entity, or authorized
agent of either located in Montana.
(2) The person, entity, or authorized agent must notify the department of its intent to receive any animals, animal semen, or animal biologics and is responsible for acquiring all required permits and ensuring that they are accompanied by all required health certificates.
(3) No person consigning, transporting, or receiving animals, animal semen, or animal biologics into Montana may authorize, order, or carry out any diversion of them or any portion thereof to a destination or consignee other than as set forth on the permit or health certificate without first obtaining written permission from the department.
81-2-707. Department rulemaking power
The department may promulgate, administer, and enforce rules necessary to implement this
part.
81-2-708. Penalty
A person convicted of violating this part shall be fined not more than $500, be imprisoned
in the county jail for a term not to exceed 6 months, or both.
Amended in 1999.
Reviewed and updated by AAHS in December 2001.
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