Rule 32.3.2401 - INDEMNITY FOR ANIMALS DESTROYED DUE TO DISEASE(1) The owner of cattle, domestic bison, sheep, goats, swine, alternative livestock, and poultry destroyed or slaughtered due to disease as specified in 81-2-201, MCA, under the direction of the department or by order of the board may be paid indemnity for up to 100% of the appraised value of the animal, provided, however, payment for registered animals shall not exceed two times the determined value of commercial or grade animals.(2) The indemnity shall be paid when the following conditions exist: (a) at the time of test or condemnation, the animal for which indemnity is claimed did not belong to or was not upon the premises of any person to whom it had been sold for slaughter, shipped for slaughter, or delivered for slaughter;(b) the animal was purchased or imported into Montana less than 120 days before the date of a test disclosing reactor animals, and the owner is a farmer or rancher buying and selling animals in the ordinary course of their farm and ranch operation. Cattle must have been branded with the owner's brand prior to the date of the test;(c) if not already tested, the herd of origin of the reactor animal for which indemnity is claimed is made available by the claimant for an official test;(d) the provisions of this subchapter pertaining to testing, quarantine, movement of animals under quarantine, cleaning and disinfection have been carried out; and(e) an application claiming indemnity has been submitted.(3) The amount of indemnity paid by the department shall be decided by the board with consideration given to any indemnity payments already paid on the animals, comparable sales receipts provided by the owner, the U.S. Department of Agriculture (USDA) indemnity calculator, USDA Agriculture Marketing Service market reports, and sales data from Montana livestock markets at the time the animal was taken.(4) If there is a mortgage or lien recorded with the department on animals specified in 81-2-201, MCA, that are slaughtered and indemnified in accordance with the provisions of this subchapter, the warrant paying the indemnity shall be made payable jointly to the owner of the animal and the lien holder or mortgagee.Mont. Admin. r. 32.3.2401
NEW, 2024 MAR p. 2231, Eff. 9/21/2024AUTH: 81-2-102, 81-2-103, 81-2-104, MCA; IMP: 81-2-201, 81-2-209, 81-2-210, MCA