Title 81, Title 81

(1) 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 loc…

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 prescri…

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.

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 …

(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 inspe…

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 live…

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 applica…

(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 or territory, the District of Columbia, or any other…

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.

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 jurisdic…

(1) Except as provided in subsections (2) through (4), all information regarding the testing of any livestock that is owned by or in the possession or custody of a livestock producer, livestock dealer as defined in 81-8-213, or livestock market as defined in 81-8-213 that is coll…

(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the animal health account. All fees collected by the department related to animal health, except those received pursuant to 81-2-102(1)(c), must be deposited in the account to be used…

(1) Whenever a publicly owned wild buffalo or wild bison from a herd that is infected with a dangerous disease enters the state of Montana on public or private land and the disease may spread to persons or livestock or whenever the presence of wild buffalo or wild bison may jeopa…

(1) This chapter may not be construed to impose, by implication or otherwise, criminal liability on a landowner or the agent of a landowner for the taking of a publicly owned wild buffalo or wild bison that is suspected of carrying disease and that is present on the landowner's p…

(1) Livestock must be contained by the owner, agent, or custodian in a space appropriate for a required regulatory action under 81-2-102. (2) The department may provide a chute and alley as needed to complete inspection or testing.

Animals slaughtered due to disease under the direction of the department by order of the board may be paid for at 100% of the appraised value. (1) Eligible animals include cattle, domestic bison, sheep, goats, swine, alternative livestock, and poultry. (2) Diseases for which anim…

(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the indemnity special revenue account. The account is administered by the department. (2) The department may deposit in the indemnity special revenue account an amount up to $10,000 a…

Claims against the state that arise from the destruction of animals or property by order of the department must contain an affidavit by the owner or the owner's agent with knowledge of the animal or property, certifying to the ownership of the animal or property, and that the ani…

When the carcass of an animal ordered destroyed under this chapter is found on official postmortem inspection to be fit for human consumption, the owner must receive the net proceeds from the sale of the carcass. The proceeds must be deducted from the owner's claim against the st…

(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 that violate this chapter or rules of the department; (c) animals that the …

(1) If the federal government or an agency other than the state 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 must be deducted from the owner's claim as filed agains…

(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 boa…

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 liv…

A person in a disease control area who does not gather the person's 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 who violates this part is guilty of …

When used in this part, the following definitions apply: (1) (a) "Garbage" means: (i) waste material derived in whole or in part from the meat of an animal, including fish and poultry, or from other animal materials, including animal carcasses; (ii) other waste materials resultin…

(1) It is unlawful to: (a) handle, prepare, cook, or otherwise treat garbage to feed to swine or other animals; or (b) feed garbage to swine or other animals. (2) This part does not apply to a person who feeds only the person's own household garbage to swine or other animals unde…

The department shall administer and enforce this part, including the adoption and enforcement of rules or orders as necessary.

The department or its agent may administer oaths, subpoena witnesses, and receive evidence in order to carry out this part.

Garbage originating on or removed from airplanes landing in this state may not be fed to swine or other animals.

(1) A person who violates this part is guilty of a misdemeanor and is subject to a fine of not less than $50 or more than $250, imprisonment for not more than 6 months, or both. (2) A court may issue an injunction to prohibit a person from repeating a violation of this part. (3) …

A person, firm, or corporation desiring to sell or distribute tuberculin for animal use in this state must first secure permission from the department.

A person, firm, or corporation that has secured permission from the department to sell or distribute tuberculin for animal use in this state shall, on the same day it sells, furnishes, or supplies tuberculin, report in writing to the department the name and address of the person …

Any person, firm, or corporation violating any of the provisions of this part shall be guilty of a misdemeanor and punished by a fine of not less than $25 and not more than $500 or by imprisonment for not less than 30 days and not more than 90 days or both fine and imprisonment.

This part may be cited as the "Animal Importation Permit and Health Certificate Act of 1981".

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.…

(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 commu…

(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 departmen…

(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 …

(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 …

The department may promulgate, administer, and enforce rules necessary to implement this part.

(1) Except as provided in subsection (2), 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. (2) A person convicted of violating this part by importing livestock into the state …