Title 81, Title 81

(1) The board shall audio record and may video record all board meetings, including meetings held by conference call or other electronic means. (2) The board shall make the audio or video recording available online in real time when possible and shall make meeting recordings publ…

(1) There are livestock loss reduction and mitigation special revenue accounts administered by the department within the state special revenue fund and the federal special revenue fund established in 17-2-102. (2) (a) All state proceeds allocated or budgeted for the purposes of 2…

(1) The legislature shall provide for a fund, to be known as the livestock loss reduction and mitigation trust fund, to be funded with gifts, grants, reimbursements, appropriations, or allocations from any source. (2) The principal of the livestock loss reduction and mitigation t…

(Temporary) Livestock loss mitigation restricted account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss mitigation restricted special revenue account. The account is administered by the department. (2) Each fis…

(Temporary) Livestock loss reduction restricted account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss reduction restricted special revenue account. The account is administered by the department. (2) Except as …

The department may appoint stock inspectors and detectives necessary for the protection of the livestock interests of this state. The department shall designate which inspectors and detectives are considered law enforcement officers, and those designated shall take the official o…

The stock inspectors and detectives shall arrest all persons who in their presence violate the stock laws of this state. Each stock inspector and detective, on information that a person has committed an offense against the laws of this state by engaging in illegal branding or the…

The stock inspectors and detectives are under the exclusive control and direction of the department. They must be paid for their services in the amount which the department determines.

The stock inspectors and detectives are district officers, and the department must designate the district in which the inspectors and detectives serve, and the district must be designated in their commissions.

(1) The board shall appoint a person to be directly responsible to it for the administration of the laws relating to animal health. (2) The person must have a doctor of veterinary medicine degree from an accredited college or school and must be licensed to practice veterinary med…

The administrator, subject to the rules of the board, may act for and perform the duties imposed by law on the board when the board is not in session, but any order or regulation promulgated by the administrator is subject to review, modification, or annulment by the board.

In any action taken by the board in 81-2-102 and 81-20-101, the board shall ask for and consider the expertise and judgment of the administrator of the laws relating to animal health.

With the approval of either the federal veterinarian in charge in this state or the United States department of agriculture, the department of livestock may appoint federal veterinarians or federal lay inspectors stationed in this state, as deputies or agents for the department. …

In the performance of 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,…

(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, enclos…

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,…

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 destr…

(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.