Montana Attorney General Opinion 15-329

Opinion No. 329 Livestock-Inspection-Penalties- Shipment, ,Certificate of Inspec- tion Necessary. . HFIT,D: Anyone not coming under the exceptions l)J'(wided for in Scc. 3324, as Il,!nended. is lia'ble for the statuton' penalty if he does not ohtain a cer- tifica te of inspection lIefore shipment 0.1' 'rel'nO\'al of cattle from one county to . a notlier. August 28, 1933. : You request my opinion relative to the removal of livestock from one coun- t~' to another. , The matter is provided for by sec- tion 3324, R. C. M. 1921, as amended by Chapter 26, Laws of 1923, which is as follows: . , "Section 3324. From and after the passage of this Act, it shall .be the duty of any and all persons, associa- tions or corporations removing or tak- ing livestock or meat cattle from one county to another within this state by railroad, or in any other manner what- soever, to cause the same to be in- spected for brands by a state stock inspector, and no railroad company shall accept such livestock for ship. ment, unless the shipper shall produce a certificate of their inspection for hrands as herein required: (provided. however, that the Livestock Commis- sion may authorize said shipments to be made without said inspection, in the e\'ent there is an inspection made at destination; and, provided, further. that the provisions of this Act shall not apply to the said stock when dri,'en lIy the owner from one county to an- other for the purpose of pasturing. feeding. or changing the range there- of, nor to any stock so removed or taken by any person. association, or corporation. when snch stock is nsed in the ordinary conduct of his busi- ness, and such person, association, or corporation has heen the owner of said stock to be removed for at least three months.)" You will note that the inspection for brands must be made at the point of shipment or removal unless the Live- stock Commission issues its authoriza- tion to the shipper for the inspection at place of destination, and the act further excepts stock driven by the owner from one county to another for grazing or feeding, .and still further excepts stock taken into another county by one who has been the owner for at least three months when such stock is used in the ordinary course of his business. Any- one not coming under any of these ex- ceptions must obtain a certificate of inspection before shipment or removal. otherwise he is liable for the penalty provided by section 3327, id. By Chapter (1), Laws of H)33, it i:-; made mandatory on Stock Inspectors and Sheriffs to report all such inspec- tions to the Lh'estock Commission with- in five days.