Interstate Transportation of Animals (Including Poultry) and Animal Products (9 CFR 70.1-89.5)

215 SUBCHAPTER C—INTERSTATE TRANSPORTATION OF ANIMALS (INCLUDING POULTRY) AND ANIMAL PRODUCTS PART 70—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS Subpart A—General Sec. 70.1 Scope and applicability of rules of prac tice. Subpart B—Supplemental Rules of Practice 70.10 Stipulations. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 48 FR 30094, June 30, 1983, unless otherwise noted. Subpart A—General § 70.1 Scope and applicability of rules of practice. The Uniform Rules of Practice for the Department of Agriculture promul gated in subpart H of part 1, subtitle A, title 7, Code of Federal Regulations, are the Rules of Practice applicable to adjudicatory, administrative pro ceedings under the following statutory provisions: Act of May 29, 1884, commonly known as the Animal Industry Act, section 7, as amend ed (21 U.S.C. 117), Act of February 2, 1903, commonly known as the Cattle Contagious Diseases Act of 1903, Section 3, as amended (21 U.S.C. 122), Act of March 3, 1905, Section 6, as amended (21 U.S.C. 127), Act of July 2, 1962, Section 6(a), as amended (21 U.S.C. 134e). The Animal Health Protection Act (7 U.S.C. 8301 et seq.). Sections 901–905 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note). In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such pro ceedings. [48 FR 30094, June 30, 1983, as amended at 66 FR 63615, Dec. 7, 2001; 68 FR 6343, Feb. 7, 2003] Subpart B—Supplemental Rules of Practice § 70.10 Stipulations. (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 70.1, the Administrator, in his discretion, may enter into a stipulation with any person in which: (1) The Administrator or the Admin istrator’s delegate gives notice of an apparent violation of the Act, or the regulations issued thereunder, by such person and affords such person an op portunity for a hearing regarding the matter as provided by the Act; (2) Such person expressly waives hearing and agrees to pay a specified penalty within a designated time; and (3) The Administrator agrees to ac cept the penalty in settlement of the particular matter involved if the pen alty is paid within the designated time. (b) If the penalty is not paid within the time designated in such a stipula tion, the amount of the stipulated pen alty shall not be relevant in any re spect to the penalty which may be as sessed after issuance of a complaint. PART 71—GENERAL PROVISIONS Sec. 71.1 Definitions. 71.2 Secretary to issue rule governing quar antine and interstate movement of dis eased animals, including poultry. 71.3 Interstate movement of diseased ani mals and poultry generally prohibited. 71.4 Maintenance of certain facilities and premises in a sanitary condition re quired; cleaning and disinfection, when required; animals classed as ‘‘exposed.’’ 71.5 Unsanitary railroad cars, trucks, boats, aircraft or other means of conveyance; interstate movement restricted. 71.6 Carrier responsible for cleaning and dis infecting of railroad cars, trucks, boats, aircraft or other means of conveyance. 71.7 Means of conveyance, facilities, prem ises, and cages and other equipment; methods of cleaning and disinfecting. 71.10 Permitted disinfectants. 71.11 Cresylic disinfectant as permitted dis infectant; specifications. 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I (1–1–18 Edition) § 71.1 71.12 Sodium orthophenylphenate as per mitted disinfectant for premises infected with tuberculosis. 71.13 Inspection of shipments in transit by APHIS representative. 71.14 Slaughter of poultry or other animals to prevent spread of disease; ascertain ment of value and compensation. 71.15 Movement from quarantined to free area and shipment therefrom; conditions under which permitted. 71.16 Inspection and certification of poultry or other animals for interstate move ment. 71.17 Interstate movement of dead poultry or other animals prohibited in same car with live poultry or other animals. 71.18 [Reserved] 71.19 Identification of swine in interstate commerce. 71.20 Approval of livestock facilities. 71.21 Tissue and blood testing at slaughter. 71.22 [Reserved] AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 28 FR 5937, June 13, 1963, unless otherwise noted. § 71.1 Definitions. As used in this part, the following terms shall have the meanings set forth in this section. Accredited veterinarian. A veteri narian who is approved by the Admin istrator, in accordance with part 161 of this chapter, to perform official animal health work of the Animal and Plant Health Inspection Service specified in subchapters A, B, C, and D of this chap ter and to perform work required by cooperative State-Federal disease con trol and eradication programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States that provides a nation ally unique identification number for each animal. The AIN consists of 15 digits, with the first 3 being the coun try code (840 for the United States or a unique country code for any U.S. terri tory that has such a code and elects to use it in place of the 840 code). The alpha characters USA or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing may be used as an alternative to the 840 or other prefix representing a U.S territory; however, only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015. The AIN beginning with the 840 prefix may not be applied to animals known to have been born out side the United States. APHIS representative. An individual employed by APHIS who is authorized to perform the function involved. Approved livestock facility. A stock yard, livestock market, buying station, concentration point, or any other premises under State or Federal veteri nary supervision where livestock are assembled and that has been approved under § 71.20. Area veterinarian in charge. The vet erinary official of APHIS who is as signed by the Administrator to super vise and perform the official animal health work of the Animal and Plant Health Inspection Service in the State concerned. Breeding sheep and goats. Any sexu ally intact sheep or goat that is not moving either directly to slaughter or through one or more restricted sales and/or terminal feedlots and then di rectly to slaughter. Breeder swine. Sexually intact swine over 6 months of age. Commingling. The mixing or assem bling of swine from one premises with swine from any other premises, includ ing, but not limited to, loading swine from more than one premises on the same truck, trailer, vessel, or railroad car, unless swine from different prem ises are kept separate on the means of conveyance by dividers. Consistent States. Those States listed as consistent States in § 79.1 of this subchapter because they meet certain standards, as provided in § 79.6 of this subchapter, for conducting an active State scrapie program involving the identification of scrapie in sheep and goats for the purpose of controlling the spread of scrapie. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 217 Animal and Plant Health Inspection Service, USDA § 71.1 Department. The United States De partment of Agriculture. Feeder swine. Swine under 6 months of age that are not slaughter swine. Flock-based number system. The flock based number system combines a flock identification number (FIN) with a pro ducer’s unique livestock production numbering system to provide a nation ally unique identification number for an animal. Flock identification number (FIN). A nationally unique number assigned by a State, Tribal, or Federal animal health authority to a group of animals that are managed as a unit on one or more premises and are under the same ownership. Food Safety and Inspection Service (FSIS). The Food Safety and Inspection Service, United States Department of Agriculture. Free area. The States, Territories, or the District of Columbia or portions thereof not quarantined by the Sec retary of Agriculture for the specific contagious, infectious, or commu nicable animal disease mentioned in each part. Group/lot identification number (GIN). The identification number used to uniquely identify a ‘‘unit of animals’’ of the same species that is managed to gether as one group throughout the preharvest production chain. When a GIN is used, it is recorded on docu ments accompanying the animals mov ing interstate; it is not necessary to have the GIN attached to each animal. Horses. Horses, asses, mules, ponies, and zebras. Inconsistent States. Those States not included in the list of consistent States appearing in § 79.1 of this subchapter. Interstate. From one State into or through any other State. Interstate commerce. Trade, traffic, transportation, or other commerce be tween a place in a State and any place outside of that State, or between points within a State but through any place outside of that State. Interstate swine movement report. A paper or electronic document signed by a producer moving swine giving notice that a group of animals is being moved across State lines in a swine produc tion system. This document must con tain the name of the swine production system; the name, location, and prem ises identification number of the prem ises from which the swine are to be moved; the name, location, and prem ises identification number of the prem ises to which the swine are to be moved; the date of movement; and the number, age, and type of swine to be moved. This document must also con tain a description of any individual or group identification associated with the swine, the name of the swine pro duction system accredited veteri narian(s), the health status of the herd from which the swine are to be moved, including any disease of regulatory concern to APHIS or to the States in volved, and an accurate statement that swine on the premises from which the swine are to be moved have been in spected by the swine production sys tem accredited veterinarian(s) within 30 days prior to the interstate move ment and consistent with the dates specified by the premises’ swine pro duction health plan and found free from signs of communicable disease. Livestock. All farm-raised animals. Livestock market. A stockyard, buying station, concentration point, or any other premises where livestock are as sembled for sale or sale purposes. Move. To carry, enter, import, mail, ship, or transport; to aid, abet, cause, or induce carrying, entering, import ing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive in order to carry, enter, import, mail, ship, or transport; or to allow any of these ac tivities. National Uniform Eartagging System (NUES). A numbering system for the of ficial identification of individual ani mals in the United States that provides a nationally unique identification number for each animal. Official Brand Inspection Agency. The duly constituted body elected, ap pointed, or delegated or granted au thority by a State or governmental subdivision thereof, to administer laws, regulations, ordinances or rules per taining to the brand identification of livestock. Official brand inspection certificate. A certificate issued by an official brand inspection agency in any State in VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 218 9 CFR Ch. I (1–1–18 Edition) § 71.1 which such certificates are required for movement of livestock. Official eartag. An identification tag approved by APHIS that bears an offi cial identification number for indi vidual animals. Beginning March 11, 2014, all official eartags manufactured must bear an official eartag shield. Be ginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other character istics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resist ant and have a high retention rate in the animal. Official eartag shield. The shield shaped graphic of the U.S. Route Shield with ‘‘U.S.’’ or the State postal abbreviation or Tribal alpha code im printed within the shield. Official identification device or method. A means approved by the Adminis trator of applying an official identi fication number to an animal of a spe cific species or associating an official identification number with an animal or group of animals of a specific spe cies. Official identification number. A na tionally unique number that is perma nently associated with an animal or group of animals and that adheres to one of the following systems: (1) National Uniform Eartagging Sys tem (NUES). (2) Animal identification number (AIN). (3) Location-based number system. (4) Flock-based number system. (5) Any other numbering system ap proved by the Administrator for the of ficial identification of animals. Official swine tattoo. A tattoo, con forming to the six-character alpha-nu meric National Tattoo System, that provides a unique identification for each herd or lot of swine. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company, or other legal entity. Premises. A location where livestock or poultry are housed or kept. Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health authority a geographically distinct location from other premises. The PIN may be used in conjunction with a producer’s own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may be used as a com ponent of a group/lot identification number (GIN). Purebred registry association. A swine breed association formed and perpet uated for the maintenance of records of purebreeding of swine species for a spe cific breed whose characteristics are set forth in constitutions, by-laws, and other rules of the association. Quarantined area. The States, Terri tories, or the District of Columbia or portions thereof quarantined by the Secretary of Agriculture for the spe cific contagious, infectious, or commu nicable animal disease mentioned in each part. Slaughter swine. Swine being sold or moved for slaughter purposes only. State. Any of the 50 States, the Com monwealth of Puerto Rico, the Com monwealth of the Northern Mariana Is lands, the District of Columbia, and any territories and possessions of the United States. State animal health official. The State official responsible for livestock and poultry disease control and eradication programs. State representative. An individual em ployed in animal health work by a State or a political subdivision thereof and authorized by such State or polit ical subdivision to perform the func tion involved. Swine production health plan. A writ ten agreement developed for a swine production system designed to main tain the health of the swine and detect signs of communicable disease. The plan must identify all premises that are part of the swine production system and that receive or send swine in interstate commerce and must pro vide for health monitoring of all swine within the system. Such health moni toring must include inspections by the swine production system accredited veterinarian(s). Inspections of all iden tified premises that contain swine that VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 219 Animal and Plant Health Inspection Service, USDA § 71.3 are or will be in the process of moving interstate within the swine production system and of all swine on those prem ises must be conducted by the accred ited veterinarian(s) at intervals of no greater than 30 days. Inspections of all identified receiving premises that con tain only swine that have completed their interstate movement within a single swine production system and of all swine on those premises must be conducted in accordance with State regulations. The plan must also de scribe the recordkeeping system of the swine production system. The plan will not be valid unless it is signed by an of ficial of each swine production system identified in the plan, the swine pro duction system accredited veteri narian(s), an APHIS representative, and the State animal health official from each State in which the swine production system has premises. In the plan, the swine production system must acknowledge that it has been in formed of and has notified the man agers of all its premises listed in the plan that any failure of the partici pants in the swine production system to abide by the provisions of the plan and the applicable provisions of this part and part 85 of this chapter con stitutes a basis for the cancellation of the swine production health plan, as well as other administrative or crimi nal sanctions, as appropriate. Swine production system. A swine pro duction enterprise that consists of multiple sites of production; i.e., sow herds, nursery herds, and growing or finishing herds, but not including slaughter plants or livestock markets, that are connected by ownership or contractual relationships, between which swine move while remaining under the control of a single owner or a group of contractually connected owners. Swine production system accredited vet erinarian. An accredited veterinarian who is named in a swine production health plan for a premises within a swine production system and who per forms inspection of such premises and animals and other duties related to the movement of swine in a swine produc tion system. Tick infested. Infested with the ticks Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi. United States. All of the States. United States Department of Agri culture (USDA) approved backtag. A backtag issued by APHIS that provides a temporary unique identification for each animal. [28 FR 5937, June 13, 1963] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 71.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 71.2 Secretary to issue rule gov erning quarantine and interstate movement of diseased animals, in cluding poultry. When the Secretary of Agriculture shall determine the fact that poultry or other animals in any State, Terri tory, or the District of Columbia are affected with any contagious, infec tious, or communicable disease of live stock or poultry for which, in his opin ion, a quarantine should be established or that other basis for a quarantine ex ists, notice will be given of that fact, and a rule will be issued accordingly, placing in quarantine such State, Ter ritory, or the District of Columbia, or specified portion thereof. This rule will either absolutely forbid the interstate movement of the quarantined animals from the quarantined area or will indi cate the regulations under which inter state movements may be made. [34 FR 15641, Oct. 9, 1969] § 71.3 Interstate movement of diseased animals and poultry generally pro hibited. (a) Animals or poultry affected with any of the following diseases, which are endemic to the United States: Equine piroplasmosis, bovine piroplasmosis or splenetic fever, scabies in cattle, pseudorabies, acute swine erysipelas, tuberculosis, Johne’s disease, brucel losis, scrapie, bluetongue, anthrax, chlamydiosis, and Newcastle disease, or any other communicable disease which is endemic to the United States, or which are cattle fever tick infested, shall not be moved interstate. (b) Animals or poultry affected with any of the following diseases, not known to exist in the United States: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 220 9 CFR Ch. I (1–1–18 Edition) § 71.3 foot-and-mouth disease, rinderpest, Af rican swine fever, classical swine fever, Teschen disease, contagious bovine pleuropneumonia, highly pathogenic avian influenza, dourine, contagious equine metritis, vesicular exanthema, screwworms and glanders, scabies in sheep or any other communicable for eign disease not known to exist in the United States, shall not be moved interstate. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this section: (1) Domestic animals that have re acted to an official test for brucellosis, are not affected with any other disease referred to in this section, and are not tick infested may be moved interstate in accordance with part 78 of this chap ter. (2) Domestic animals that are posi tive to an official Johne’s disease test, are not affected with any other disease referred to in this section, and are not tick infested may be moved interstate in accordance with part 80 of this chap ter. (3) Cattle which have reacted to the tuberculin test, which are not affected with any other disease referred to in this section and are not tick infested, may be moved interstate in accordance with the provisions of § 77.17 of this subchapter. (4) Swine infected with or exposed to pseudorabies may be moved interstate in accordance with part 85 of this chap ter. (5) [Reserved] (6) Sheep or goats designated, with regard to scrapie, as exposed animals, high-risk animals, suspect animals, or scrapie-positive animals, as those terms are defined in part 79 of this sub chapter, may be moved interstate only in accordance with part 79 of this sub chapter. (d) Notwithstanding the provisions of paragraphs (a) and (b) of this section, livestock which is found to be diseased may be moved interstate in accordance with paragraphs (d)(1) through (6) of this section: Provided, That such live stock is not tick infested or affected with any disease referred to in this sec tion other than the diseases named in this paragraph: And provided further, That such livestock is accompanied by a certificate, issued by an APHIS or State representative or accredited vet erinarian stating the destination of the animals; the purpose for which they are to be moved; the number of animals covered by the certificate; the point from which the animals are moved interstate; and the name and address of the owner or shipper. (1) Livestock affected with one or more of the following diseases may be moved interstate for immediate slaughter to a slaughtering establish ment where State or Federal meat in spection is maintained; Actinomycosis, actinobacillosis, anaplasmosis, atroph ic rhinitis, contagious ecthyma, foot rot, infectious keratitis, ram epididymitis, ringworm, swine influ enza, arthritis (simple lesions only), and shipping fever. (2) Cattle with slight unopened cases of actinomycosis or actinobacillosis (or both) may be moved interstate to a feed lot in the State of destination: Provided, That such cattle are not af fected with any other disease named in this paragraph. (3) Sheep affected with or exposed to contagious ecthyma may be moved interstate to a feed lot located in a State the laws, rules, or regulations of which require that such sheep be seg regated or quarantined under a permit from an official of such State: Provided, That such sheep are not affected with any other disease named in this para graph. (4) Livestock affected with one or more of the following diseases may be moved interstate for any purpose to a State the laws, rules, or regulations of which require that such livestock be segregated or quarantined under a per mit from the appropriate livestock sanitary official of such State: actino mycosis, actinobacillosis, contagious ecthyma, foot rot, and shipping fever: Provided, That such livestock is not af fected with any other disease named in this paragraph. (5) Livestock affected with infectious keratitis or ringworm (or both) may be moved interstate for any purpose if treated under the supervision of an APHIS or State representative or an accredited veterinarian prior to move ment: Provided, That such livestock is not affected with any other disease VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 221 Animal and Plant Health Inspection Service, USDA § 71.4 named in this paragraph. Livestock af fected with infectious keratitis or ringworm (or both) and also with an other disease named in this paragraph may be moved interstate only under the applicable provisions of paragraphs (d)(1) through (4) of this section after being so treated for infectious keratitis or ringworm (or both). Such livestock will be subject to further treatment at destination, if required. (6) Fish affected with spring viremia of carp may be moved interstate only if they are being moved directly to a fa cility to be processed into food for human consumption. (7) Other movements. The Adminis trator may provide for the movement, not otherwise provided for in this para graph, of animals affected with the dis eases named in paragraph (d)(1) of this section, under such conditions as he may prescribe to prevent the spread of disease. The Administrator will promptly notify the appropriate live stock sanitary officials of the States involved of any such action. (e) Notwithstanding the provisions of paragraphs (a) and (b) of this section, the Administrator in specific cases and under such conditions as he may pre scribe to prevent the dissemination of disease may provide for the interstate movement of individual animals af fected with contagious, infectious, or communicable disease to a designated diagnostic or research facility when ac companied by a permit from the appro priate livestock sanitary official in the State of destination: Provided, That animals so moved shall be maintained in quarantine at such designated facil ity until freed of disease as determined by tests recognized by the Department, until natural death, or until disposal by euthanasia. (f) Before offering cattle or other livestock or poultry for interstate transportation, transporting them interstate, or introducing them into any stockyards or upon routes of traf fic for interstate transportation, all persons, companies, or corporations are required to exercise reasonable dili gence to ascertain whether such ani mals or poultry are affected with any contagious, infectious, or commu nicable disease, or have been exposed to the contagion or infection of any such disease by contact with other ani mals or poultry so diseased or by loca tion in pens, cars, or other vehicles, or upon premises that have contained ani mals or poultry so diseased. [28 FR 5937, June 13, 1963] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 71.3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 71.4 Maintenance of certain facilities and premises in a sanitary condi tion required; cleaning and dis infection, when required; animals classed as ‘‘exposed.’’ (a) Yards, pens, chutes, alleys, and other facilities and premises which are used in connection with the interstate movement of livestock or poultry shall be maintained by the person in posses sion of the facilities and premises in a clean and sanitary condition, in ac cordance with good animal husbandry practices, and shall be subject to in spection by an APHIS or State rep resentative. When an APHIS or State representative determines that such fa cilities or premises are not in such clean and sanitary condition and gives written notice of his determination to such person, the facilities and premises shall be cleaned and disinfected in ac cordance with §§ 71.7 and 71.10 through 71.12 by such person under the super vision of an APHIS or State represent ative or an accredited veterinarian be fore such premises are again used for livestock or poultry. (b) Yards, pens, chutes, alleys, and other facilities and premises which have contained interstate shipments of cattle, sheep, swine, poultry, or other animals affected with, or carrying the infection of, any contagious, infec tious, or communicable disease of live stock or poultry other than slight un opened cases of actinomycosis or acti nobacillosis (or both), bovine foot rot, atrophic rhinitis, ram epididymitis, ringworm, infectious keratitis, and ar thritis (simple lesions only), shall be cleaned and disinfected under the su pervision of an APHIS or State rep resentative or an accredited veteri narian in accordance with §§ 71.7 and 71.10 through 71.12 before such premises are again used for animals, and any VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 222 9 CFR Ch. I (1–1–18 Edition) § 71.5 poultry or other animals unloaded into such yards or premises before they have been so cleaned and disinfected shall thereafter be classed as ‘‘ex posed’’ within the meaning of the regu lations in this subchapter and shall not be moved interstate except in compli ance with the provisions of such regu lations applicable to ‘‘exposed’’ ani mals. [34 FR 15641, Oct. 9, 1969, as amended at 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27933, May 22, 1997] § 71.5 Unsanitary railroad cars, trucks, boats, aircraft or other means of conveyance; interstate movement restricted. No person who receives notice from an APHIS representative that a rail road car, truck, boat, aircraft or other means of conveyance owned or oper ated by such person is not in a clean and sanitary condition in accordance with good animal husbandry practices, shall thereafter use such means of con veyance in connection with the inter state movement of livestock or poul try, or move said means of conveyance interstate, until it has been cleaned and disinfected under the supervision of an APHIS or State representative or an accredited veterinarian in accord ance with §§ 71.7 and 71.10 through 71.12. [34 FR 15641, Oct. 9, 1969, as amended at 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27933, May 22, 1997] § 71.6 Carrier responsible for cleaning and disinfecting of railroad cars, trucks, boats, aircraft or other means of conveyance. (a) Railroad cars, trucks, boats, air craft, and other means of conveyance which have been used in the interstate transportation of cattle, sheep, goats, swine, poultry, or other animals af fected with, or carrying the infection of, any contagious, infectious, or com municable disease of livestock or poul try, other than slight unopened cases of actinomycosis or actinobacillosis (or both), atrophic rhinitis, bovine foot rot, brucellosis, ram epididymitis, ringworm, infectious keratitis, and ar thritis (simple lesions only), shall be cleaned and disinfected under APHIS supervision in accordance with §§ 71.7 and 71.10 through 71.12 at the point where the animals are unloaded and the final carrier shall be responsible for such cleaning and disinfecting: Pro vided, That when APHIS supervision is not available at such point, the means of conveyance may be cleaned and dis infected under the supervision of a State representative or an accredited veterinarian. (b) No railroad car, truck, boat, air craft or other means of conveyance from which poultry or other animals affected with an infectious, contagious or communicable disease of livestock or poultry, other than those specified in § 71.4(b), have been unloaded shall thereafter be used in connection with the interstate movement of animals, including poultry, or be moved inter state until it has been cleaned and dis infected by the final carrier under the supervision of an APHIS or State rep resentative or an accredited veteri narian in accordance with §§ 71.7 and 71.10 through 71.12. (c) If APHIS supervision or other su pervision as required by paragraph (a) or (b) of this section or proper cleaning and disinfecting facilities are not available at the point where the ani mals are unloaded, upon permission first received from the Animal and Plant Health Inspection Service, the means of conveyance may be forwarded empty to a point at which such super vision and facilities are available, and there be cleaned and disinfected under supervision in accordance with §§ 71.7 and 71.10 through 71.12. [34 FR 15641, Oct. 9, 1969, as amended at 37 FR 25337, Nov. 30, 1972; 39 FR 4465, Feb. 4, 1974; 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27934, May 22, 1997; 74 FR 14709, Apr. 1, 2009] § 71.7 Means of conveyance, facilities, premises, and cages and other equipment; methods of cleaning and disinfecting. (a) Railroad cars, trucks, aircraft, or other means of conveyance, except boats, required by the regulations in this subchapter to be cleaned and dis infected shall be treated in the fol lowing manner: Remove all litter and manure from all portions of the con veyance, including any external ledges and framework; clean the exterior and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 223 Animal and Plant Health Inspection Service, USDA § 71.11 interior of the conveyance; and satu rate the entire interior surface, includ ing the inner surface of the doors of the conveyance, with a permitted dis infectant specified in §§ 71.10 through 71.12. (b) Boats required by the regulations in this subchapter to be cleaned and disinfected shall be treated in the fol lowing manner: Remove all litter and manure from the decks and stalls, and all other parts of the boat occupied or traversed by any poultry or other ani mals and from the portable chutes or other appliances or fixtures used in loading and unloading the animals, and saturate with a permitted disinfectant the entire surface of the deck, stalls, or other parts of the boat occupied or tra versed by any animals or with which they may come in contact or which have contained litter or manure. (c) Yards, pens, chutes, alleys, cages, and other equipment required by the regulations in this subchapter to be disinfected shall be treated in the fol lowing manner: Empty all troughs, racks, or other feeding or watering ap pliances; remove all litter and manure from the floors, posts, or other parts; and saturate the entire surface of the fencing, troughs, chutes, floors, walls, and other parts with a permitted dis infectant specified in §§ 71.10 through 71.12. [34 FR 15642, Oct. 9, 1969, as amended at 61 FR 56883, Nov. 5, 1996] § 71.10 Permitted disinfectants. (a) Disinfectants permitted for use on cars, boats, and other vehicles, prem ises, and cages and other equipment are as follows: (1) ‘‘Cresylic disinfectant’’ in the pro portion of at least 4 fluid ounces to 1 gallon of water. (2) Liquefied phenol (U.S.P. strength 87 percent phenol) in the proportion of at least 6 fluid ounces to 1 gallon of water. (3) Chlorinated lime (U.S.P. strength, 30 percent available chlorine) in the proportion of 1 pound to 3 gallons of water. (4) Sodium hydroxide (Lye) prepared in a fresh solution in the proportion of not less than 1 pound avoirdupois of so dium hydroxide of not less than 95 per cent purity to 6 gallons of water, or one 131⁄2 ounce can to 5 gallons of water. Due to the extreme caustic na ture of sodium hydroxide solution, pre cautionary measures such as the wear ing of rubber gloves, boots, raincoat, and goggles should be observed. An acid solution such as vinegar shall be kept readily available in case any of the sodium hydroxide solution should come in contact with the body. (5) Disinfectants which are registered under the Federal Insecticide, Fun gicide, and Rodenticide Act (7 U.S.C. 135 et seq.), with tuberculocidal claims, as disinfectants for general use, may be used for the purpose of this part in ac cordance with directions on the labels accepted in connection with their reg istration. However, disinfectants which fall in this category are not permitted for use in outbreaks of foreign animal diseases unless in specific cases such use is approved in advance by the Ad ministrator. (b) The use of ‘‘cresylic disinfectant’’ is permitted subject to the following conditions: (1) The manufacturer thereof shall have obtained specific permission from APHIS for the use of his products in of ficial disinfection. To obtain such per mission manufacturers shall first sub mit a sample of at least 8 ounces for examination, together with a state ment of the formula employed and a guaranty that the product will be maintained of a quality uniform with the sample submitted. (2) To prevent confusion, the product of each manufacturer and distributor shall bear a distinctive trade name or brand, together with the name of the manufacturer or distributor. (3) The product shall at all times con form to specifications for composition and performance issued by the Admin istrator. [28 FR 5937, June 13, 1963, as amended at 32 FR 19157, Dec. 20, 1967; 37 FR 8864, May 2, 1972; 37 FR 9460, May 11, 1972; 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 61 FR 56883, Nov. 5, 1996] § 71.11 Cresylic disinfectant as per mitted disinfectant; specifications. The following specifications will be employed for determining the suit ability of cresylic disinfectant for use under the provisions of § 71.10(b)(3): VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 224 9 CFR Ch. I (1–1–18 Edition) § 71.12 (a) The product shall remain a uni form liquid when held at 0 °C. (32 °F.) for 3 hours (chill test). (b) The product shall dissolve com pletely in 30 parts of distilled water at 25 °C. (77 °F.) within 2 minutes (solu tion-rate test), producing a solution entirely free from globules and not more than faintly opalescent (solu bility-degree test). (c) The product shall contain not more than 25 percent of inert ingredi ents (water and glycerin), not more ex cess alkali than the equivalent of 0.5 percent of sodium hydroxide, and not less than 21 percent of soap exclusive of water, glycerin, and excess alkali. (d) The product shall contain not less than 50 percent and not more than 53 percent of total phenols. It shall con tain less than 5 percent of benzophenol (C 6H 5OH). (e) The methods of determining com pliance with the specifications in para graphs (a) to (d) of this section will be those described in United States De partment of Agriculture Bulletin 1308, Chemical and Physical Methods for the Control of Saponified Cresol Solutions, so far as they are applicable. (f) Any suitable glyceride, fat acid, or resin acid may be used in preparing the soap, but not all are suitable nor are all grades of a single product equally suitable, Also various grades of com mercial cresylic acid differ in suit ability. Therefore, manufacturers are cautioned to prepare a trial laboratory batch from every set of ingredients and to prove its conformity with para graphs (a) and (b) of this section, before proceeding with manufacture on a fac tory scale. § 71.12 Sodium orthophenylphenate as permitted disinfectant for premises infected with tuberculosis. (a) A permitted brand of sodium orthophenylphenate in a proportion of at least one pound to 12 gallons of water is permitted in tuberculosis eradication work for disinfecting in fected premises following the removal of cattle that reacted to the tuberculin test. (b) It is absolutely necessary that the solution be applied at a temperature of 60 °F. or over. Whenever the tempera ture of the building to be disinfected is below 60 °F., as indicated by a wall thermometer, the solution shall be heated to 120 °F. and higher in very cold weather, to insure effective dis infection. § 71.13 Inspection of shipments in transit by APHIS representative. All persons and corporations having control of the interstate transpor tation of livestock or poultry shall, when directed by an APHIS inspector so to do, stop the same in transit for inspection, and if any of such poultry or other animals are found upon such inspection to be infected with any con tagious, infectious, or communicable disease or to have been exposed to such infection, the person or corporation having control of the transportation of such poultry or other animals shall, upon receipt of an order from an APHIS representative so to do, cease the carriage, transportation, or moving of such poultry or other animals unless such carriage, transportation, or mov ing can be accomplished in accordance with the regulations in this subchapter governing the interstate movement of poultry or other animals infected with or which have been exposed to the in fection of such disease, and in all cases after the discovery of such infection or exposure thereto such poultry or other animals shall be handled in accordance with such regulations. [28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969; 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27934, May 22, 1997] § 71.14 Slaughter of poultry or other animals to prevent spread of dis ease; ascertainment of value and compensation. When, in order to prevent the spread of any contagious, infectious, or com municable disease, it becomes nec essary to slaughter any diseased or ex posed animals, including poultry, and the purchase of such animals, including poultry, by the United States is au thorized by law and an appropriation is available therefor, the value of the ani mals, including poultry shall be ascertained and compensation made therefor in accordance with the orders VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 225 Animal and Plant Health Inspection Service, USDA § 71.19 or regulations of the Secretary of Agri culture. [28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969] § 71.15 Movement from quarantined to free area and shipment therefrom; conditions under which permitted. No livestock or poultry shall be shipped, trailed, driven, or hauled in private conveyance from the quar antined area in any State, Territory, or the District of Columbia to the free area in the same State, Territory, or the District of Columbia and subse quently delivered to a transportation company for shipment or moved to any other State, Territory, or the District of Columbia without complying with all Federal and State regulations per taining to such movements. [28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969] § 71.16 Inspection and certification of poultry or other animals for inter state movement. (a) Assistance and facilities. When poultry or other animals are to be in spected and certified by an APHIS rep resentative, assistance and proper fa cilities for restraining them shall be provided in order that a careful inspec tion may be made, and the representa tive while making the inspection shall not be interfered with in any manner; otherwise inspection will be imme diately discontinued. (b) Certificates and other statements to accompany shipments. Whenever inspec tion or treatment and the issuance of a certificate, statement, test chart, or other writing showing the performance of such inspection or treatment and the result thereof is required by any of the regulations in this subchapter as a condition precedent to the movement interstate of any poultry or other ani mal or class of poultry or other ani mals, or any poultry or other animal or class of poultry or other animals is so required to be accompanied in inter state movement by such certificate, statement, test chart, or other writing, no such poultry or other animal or poultry or other animals shall be moved interstate unless and until the following requirements are also com plied with: (1) In the case of such movement by a common carrier issuing waybills or other form or forms of billing covering the movement, the said certificate, statement, test chart, or other writing shall be delivered to such carrier at the time the poultry or other animal or poultry or other animals are delivered for shipment, and shall become the property of the carrier, and be by such carrier attached to the billing covering the transportation of such poultry or other animal or poultry or other ani mals, and accompany such billing to destination, and be filed with such bill ing for future reference. (2) In case of such movement other wise than by common carrier issuing waybills or other form or forms of bill ing, the said certificate, statement, test chart, or other writing shall ac company the poultry or other animal or poultry or other animals to destina tion and be delivered to the consignees, or, in case the consignor and consignee is the same person, to the first pur chaser purchasing during or after such movement in interstate commerce, or to the person to whom the poultry or other animal or poultry or other ani mals are delivered. [28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969; 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27934, May 22, 1997] § 71.17 Interstate movement of dead poultry or other animals prohibited in same car with live poultry or other animals. No dead poultry or other animals shall be offered or accepted for trans portation or transported in the same car with live poultry or other animals from the original point of shipment in any State or Territory or the District of Columbia to or through any other State, Territory, or the District of Co lumbia. [28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969] § 71.18 [Reserved] § 71.19 Identification of swine in inter state commerce. (a)(1) Except as provided in para graphs (c) and (g) of this section, no VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00235 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 226 9 CFR Ch. I (1–1–18 Edition) § 71.19 swine may be sold, transported, re ceived for transportation, or offered for sale or transportation, in interstate commerce, unless each swine is identi fied at whichever of the following comes first: (i) The point of first commingling of the swine in interstate commerce with swine from any other source; (ii) Upon unloading of the swine in interstate commerce at any livestock market; (iii) Upon transfer of ownership of the swine in interstate commerce; or (iv) Upon arrival of the swine in interstate commerce at their final des tination. (2) The identification shall be by means of identification approved by the Administrator and listed in para graph (b) of this section. All swine shall remain so identified while they are in interstate commerce. (3) Each person who buys or sells, for his or her own account or as the agent of the buyer or seller, transports, re ceives for transportation, offers for sale or transportation, or otherwise handles swine in interstate commerce, is responsible for the identification of the swine as provided by this section. (b) Means of swine identification ap proved by the Administrator are: (1) Official eartags, when used on any swine; (2) United States Department of Ag riculture (USDA) approved backtag, when used on swine moving to slaugh ter; (3) Official swine tattoos, when used on swine moving to slaughter, when the use of the official swine tattoo has been requested by a user or the State animal health official, and the Admin istrator authorizes its use in writing based on a determination that the tat too will be retained and visible on the carcass of the swine after slaughter, so as to provide identification of the swine; (4) Tattoos of at least 4-characters when used on swine moving to slaugh ter, except sows and boars as provided in § 78.33 of this chapter; (5) Ear notching when used on any swine, if the ear notching has been re corded in the book of record of a pure bred registry association; (6) Tattoos on the ear or inner flank of any swine, if the tattoos have been recorded in the book of record of a swine registry association; (7) For slaughter swine and feeder swine, an eartag or tattoo bearing the premises identification number as signed by the State animal health offi cial to the premises on which the swine originated; and (8) Any other official identification device or method that is approved by the Administrator. (c) Swine that are kept as a group are not required to be individually identi fied when in interstate commerce if: (1) They were born on the same prem ises; (2) They were raised on the same premises where they were born; (3) They are moved in a group di rectly to a slaughtering establishment from the place where they were raised; (4) They are not mixed with swine from any other premises, between the time they are born and the time they arrive at the slaughtering establish ment; and (5) They are slaughtered one after an other, as a group, and not mixed with other swine at slaughter; or approved identification is applied to the swine after entry into the slaughtering estab lishment. (d) Serial numbers of United States Department of Agriculture (USDA) ap proved backtag and official swine tat toos will be assigned to each person who applies to the State animal health official or the area veterinarian in charge for the State in which that per son maintains his/her or its place of business. Serial numbers of official eartags will be assigned to each accred ited veterinarian or State or Federal representative who requests official eartags from the State animal health official or the area veterinarian in charge, whoever is responsible for issuing official eartags in that State. Persons assigned serial numbers of United States Department of Agri culture (USDA) approved backtag, offi cial swine tattoos, and official eartags must: (1) Record the following information on a document: (i) All serial numbers applied to the swine; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00236 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 227 Animal and Plant Health Inspection Service, USDA § 71.19 (ii) Any other serial numbers and ap proved identification appearing on the swine that are needed to identify the swine to its previous owner and loca tion; (iii) The street address, including the city and state, or the township, county, and state, of the premises where the approved means of identification were applied; and (iv) The telephone number, if avail able, of the person who owns or pos sesses the swine. (2) Maintain these records at the per son’s place of business for 2 years; and (3) Make these records available for inspection and copying during ordinary business hours (8 a.m. to 5:30 p.m., Monday through Friday) upon request by any authorized employee of the United States Department of Agri culture, upon that employee’s request and presentation of his or her official credentials. (e)(1) Each person who buys or sells, for his or her own account or as the agent of the buyer or seller, transports, receives for transportation, offers for sale or transportation, or otherwise handles swine in interstate commerce, must keep records relating to the transfer of ownership, shipment, or handling of the swine, such as yarding receipts, sale tickets, invoices, and waybills upon which is recorded: (i) All serial numbers and other ap proved means of identification appear ing on the swine that are necessary to identify it to the person from whom it was purchased or otherwise obtained; and (ii) The street address, including city and state, or the township, county, and state, and the telephone number, if available, of the person from whom the swine were purchased or otherwise ob tained. (2) Each person required to keep records under this paragraph must maintain the records at his/her or its place of business for at least 2 years after the person has sold or otherwise disposed of the swine to another per son, and for such further period as the Administrator may require by written notice to the person, for purposes of any investigation or action involving the swine identified in the records. The person shall make the records avail able for inspection and copying during ordinary business hours (8 a.m. to 5:30 p.m., Monday through Friday) by any authorized employee of the United States Department of Agriculture, upon that employee’s request and pres entation of his or her official creden tials. (f) No person may remove or tamper with any approved means of identifica tion required to be on swine pursuant to this section while it is in interstate commerce, except at the time of slaughter as provided in 9 CFR 309.16(e). (g) Swine moving interstate within a swine production system. Swine moving within a swine production system to other than slaughter or a livestock market are not required to be individ ually identified when moved in inter state commerce under the following conditions: (1) The swine may be moved inter state only to another premises identi fied in a valid swine production health plan for that swine production system. (2) The swine production system must operate under a valid swine pro duction health plan, in which both the sending and receiving States have agreed to allow the movement. (3) The swine must have been found free from signs of any communicable disease during the most recent inspec tion of the premises by the swine pro duction system accredited veteri narian(s) within 30 days prior to move ment. (4) Prior to the movement of any swine, the producer(s) moving swine must deliver the required interstate swine movement report to the fol lowing individuals identified in the swine production health plan: (i) The swine production system ac credited veterinarian for the premises from which the swine are to be moved, and (ii) The State animal health officials for the sending and receiving States, and any other State employees des ignated by the State animal health of ficials. (5) The receiving premises must not commingle swine received from dif ferent premises in a manner that pre vents identification of the premises that sent the swine or groups of swine. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 228 9 CFR Ch. I (1–1–18 Edition) § 71.19 This may be achieved by use of perma nent premises or individual identifica tion marks on animals, by keeping groups of animals received from one premises physically separate from ani mals received from other premises, or by any other effective means. (6) Each premises must maintain, for 3 years after their date of creation, records that will allow an APHIS rep resentative or State animal health offi cial to trace any animal on the prem ises back to its previous premises, and must maintain copies of each swine production health plan signed by the producer, all interstate swine move ment reports issued by the producer, and all reports the swine production system accredited veterinarian(s) issue documenting the health status of the swine on the premises. (7) Each premises must allow APHIS representatives and State animal health officials access to the premises upon request to inspect animals and re view records. (8) Once a month, each swine produc tion system must send APHIS a writ ten summary based on the interstate swine movement report data that shows how many animals were moved in the past month, the premises from which they were moved, and the prem ises to which they were moved. (h) Cancellation of and withdrawal from a swine production health plan. The following procedures apply to cancella tion of, or withdrawal from, a swine production health plan: (1) A State animal health official may cancel his or her State’s participa tion in a swine production health plan by giving written notice to all swine producers, APHIS representatives, ac credited veterinarians, and other State animal health officials listed in the plan. Withdrawal shall be effective upon the date specified by the State animal health official in the notice, but for shipments in transit, with drawal shall become effective 7 days after the date of such notice. Upon withdrawal of a State, the swine pro duction health plan may continue to operate among the other States and parties signatory to the plan. (2) A swine production system may withdraw one or more of its premises from participation in the plan upon giving written notice to the Adminis trator, the accredited veterinarian(s), all swine producers listed in the plan, and State animal health officials listed in the plan. Withdrawal shall be effec tive upon the date specified by the swine production system in the written notice, but for shipments in transit, withdrawal shall become effective 7 days after the date of such notice. (3) The Administrator may cancel a swine production health plan by giving written notice to all swine producers, accredited veterinarians, and State animal health officials listed in the plan. The Administrator shall cancel a swine production health plan after de termining that swine movements with in the swine production system have occurred that were not in compliance with the swine production health plan or with other requirements of this chapter. Before a swine health produc tion plan is canceled, an APHIS rep resentative will inform a representa tive of the swine production system of the reasons for the proposed cancella tion. The swine production system may appeal the proposed cancellation in writing to the Administrator within 10 days after being informed of the rea sons for the proposed cancellation. The appeal must include all of the facts and reasons upon which the swine produc tion system relies to show that the rea sons for the proposed cancellation are incorrect or do not support the can cellation. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her deci sion. If there is a conflict as to any ma terial fact, a hearing will be held to re solve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. However, can cellation of the disputed swine produc tion health plan shall become effective pending final determination in the pro ceeding if the Administrator deter mines that such action is necessary to protect the public’s health, interest, or safety. Such cancellation shall become effective upon oral or written notifica tion, whichever is earlier, to the swine production system representative. In the event of oral notification, written VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 229 Animal and Plant Health Inspection Service, USDA § 71.20 7 A list of approved livestock facilities may be obtained by writing to National Animal Health Programs, VS, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737–1231. confirmation shall be given as prompt ly as circumstances allow. This can cellation shall continue in effect pend ing the completion of the proceeding, and any judicial review thereof, unless otherwise ordered by the Adminis trator. [53 FR 40385, Oct. 14, 1988, as amended at 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 59 FR 67612, Dec. 30, 1994; 62 FR 27934, May 22, 1997; 62 FR 54758, Oct. 22, 1997; 66 FR 65603, Dec. 20, 2001; 69 FR 64649, Nov. 8, 2004; 74 FR 14709, Apr. 1, 2009; 78 FR 2064, Jan. 9, 2013] § 71.20 Approval of livestock facilities. (a) To qualify for approval by the Ad ministrator as an approved livestock facility 7 and to retain such designa tion, the individual legally responsible for the day-to-day operations of the livestock facility shall execute the fol lowing agreement: AGREEMENT—APPROVED LIVESTOCK FACILITY FOR HANDLING LIVESTOCK PURSUANT TO TITLE 9 OF THE CODE OF FEDERAL REGULATIONS [Name of facility] [Address and telephone number of facility] I, [name of the individual legally responsible for the day-to-day operations of the livestock facility], operator of [name of facility], hereby agree to maintain and operate the livestock facility located at [address of premises] in ac cordance with the applicable provisions of this agreement and Chapter I, Title 9, of the Code of Federal Regulations (9 CFR). Cooperation (1) The State animal health official and the area veterinarian in charge shall be pro vided with a schedule of the facility’s sale days, which shall indicate the types of ani mals that will be handled at the facility on each sale day, and shall be apprised of any changes to that schedule prior to the imple mentation of the changes. (2) An accredited veterinarian, State rep resentative, or APHIS representative shall be on the facility premises on all sale days to perform duties in accordance with State and Federal regulations. (3) State representatives and APHIS rep resentatives shall be granted access to the facility during normal business hours to evaluate whether the facility and its oper ations are in compliance with the applicable provisions of this agreement and 9 CFR parts 71, 75, 78, 79, and 85. (4) An APHIS representative, State rep resentative, or accredited veterinarian shall be immediately notified of the presence at the facility of any livestock that are known to be infected, exposed, high-risk and scrapie-positive or suspect, or that show signs of possibly being infected, with any in fectious, contagious, or communicable dis ease. (5) Any reactor, suspect, exposed, high risk, or scrapie positive livestock shall be held in quarantined pens apart from all other livestock at the facility. This requirement shall not apply to scrapie-exposed sheep that are not also designated high-risk animals or to sheep or goats designated under 9 CFR part 79 as scrapie-exposed or high-risk ani mals that either are not pregnant based on the animal being male, an owner certifi cation that any female animals have not been exposed to a male in the preceding 6 months, or a certificate issued by an accred ited veterinarian stating the animals are open; or that the animals are under 12 months of age and are not visibly pregnant and are maintained in the same pen only with other animals that will be moved di rectly to slaughter or to a terminal feedlot in accordance with 9 CFR parts 71 and 79. (6) No reactor, suspect, exposed, high-risk, or scrapie-positive livestock, nor any live stock that show signs of being infected with any infectious, contagious, or communicable disease, may be sold at or moved from the fa cility, except in accordance with 9 CFR parts 71, 75, 78, 79, and 85. Records (7) Documents such as weight tickets, sales slips, and records of origin, identification, and destination that related to livestock that are in, or that have been in, the facility shall be maintained by the facility. For poul try and swine, such documents must be kept for at least 2 years, and for cattle and bison, sheep and goats, cervids, and equines, for at least 5 years. APHIS representatives and State representatives shall be permitted to review and copy those documents during nor mal business hours. Identification (8) All livestock must be officially identi fied in accordance with the applicable regu lations in 9 CFR parts 71, 75, 78, 79, 85, and 86 at the time of, or prior to, entry into the fa cility. Cleaning and Disinfection (9) The facility, including all yards, docks, pens, alleys, sale rings, chutes, scales, means of conveyance, and their associated equip ment, shall be maintained in a clean and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 230 9 CFR Ch. I (1–1–18 Edition) § 71.20 sanitary condition. The operator of the facil ity shall be responsible for the cleaning and disinfection of the facility in accordance with 9 CFR part 71 and for maintaining an adequate supply of disinfectant and service able equipment for cleaning and disinfection. General Facilities and Equipment Standards (10) All facilities and equipment shall be maintained in a state of good repair. The fa cility shall contain well-constructed and well-lighted livestock handling chutes, pens, alleys, and sales rings for the inspection, identification, vaccination, testing, and branding of livestock. (11) Quarantined pens shall be clearly la beled with paint or placarded with the word ‘‘Quarantined’’ or the name of the disease of concern, and shall be cleaned and disinfected in accordance with 9 CFR part 71 as well as 9 CFR 54.7(e)(2) if the disease of concern is scrapie and the quarantined animal gave birth or aborted at the facility, before being used to pen livestock that are not reactor, suspect, exposed, high-risk, or scrapie-posi tive animals. (12) Quarantined pens shall have adequate drainage, and the floors and those parts of the walls of the quarantined pens with which reactor, suspect, exposed, high-risk, or scrapie-positive livestock, their excrement, or discharges may have contact shall be con structed of materials that are substantially impervious to moisture and able to with stand continued cleaning and disinfection. (13) Electrical outlets shall be provided at the chute area for branding purposes. Standards for Handling Different Classes of Livestock (By his or her initials, the operator of the fa cility shall signify the class or classes of livestock that the facility will handle.) (14) Cattle and bison: —This facility will handle cattle and bison: [Initials of operator, date] —This facility will handle cattle and bison known to be brucellosis reactors, suspects, or exposed: [Initials of operator, date] —This facility will not handle cattle and bison known to be brucellosis reactors, suspects, or exposed and such cattle and bison will not be permitted to enter the fa cility: [Initials of operator, date] (i) Cattle and bison shall be received, han dled, and released by the facility only in ac cordance with 9 CFR parts 71 and 78. (ii) All brucellosis reactor, brucellosis sus pect, and brucellosis exposed cattle or bison arriving at the facility shall be placed in quarantined pens and consigned from the fa cility only in accordance with 9 CFR part 78. (iii) Any cattle or bison classified as bru cellosis reactors at the facility shall be iden tified in accordance with 9 CFR part 78, placed in quarantined pens, and consigned from the facility only to a recognized slaugh tering establishment or an approved inter mediate handling facility in accordance with 9 CFR part 78. (iv) Any cattle or bison classified as bru cellosis exposed at the facility shall be iden tified in accordance with 9 CFR part 78, placed in quarantined pens, and consigned from the facility only to a recognized slaugh tering establishment, approved intermediate handling facility, quarantined feedlot, or farm of origin in accordance with 9 CFR part 78. (v) The identity of cattle from Class Free States or areas and Class A States or areas shall be maintained. (vi) The identity of cattle from Class B States or areas shall be maintained, and test-eligible cattle from Class B States or areas shall not be placed in pens with cattle from any other area until they have fulfilled the requirements of 9 CFR part 78 for release from the facility. (vii) The identity of cattle from Class C States or areas shall be maintained, and test-eligible cattle from Class C States or areas shall not be placed in pens with cattle from any other area until they have fulfilled the requirements of 9 CFR part 78 for release from the facility. (viii) The identity of cattle from quar antined areas shall be maintained, and test eligible cattle from quarantined areas shall not be placed in pens with cattle from any other area until they have fulfilled the re quirements of 9 CFR part 78 for release from the facility. (ix) Test-eligible cattle that are penned with test-eligible cattle from a lower class State or area, in violation of this agreement, shall have the status of the State or area of lower class for any subsequent movement. (x) Laboratory space shall be furnished and maintained for conducting diagnostic tests. All test reagents, testing equipment, and documents relating to the State-Federal co operative eradication programs on the facili ty’s premises shall be secured to prevent misuse and theft. Adequate heat, cooling, electricity, water piped to a properly drained sink, and sanitation shall be provided for properly conducting diagnostic tests. (15) Swine: —This facility will handle breeding swine: [Initials of operator, date] —This facility will handle slaughter swine: [Initials of operator, date] —This facility will handle feeder swine: [Initials of operator, date] —This facility will handle pseudorabies reac tor, suspect, or exposed swine: [Initials of operator, date]. —This facility will not handle swine known to be pseudorabies reactor, suspect, or ex posed swine and such swine will not be per mitted to enter the facility: [Initials of op erator, date]. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 231 Animal and Plant Health Inspection Service, USDA § 71.20 (i) Swine shall be received, handled, and re leased by the livestock facility only in ac cordance with 9 CFR parts 71, 78, and 85. (ii) Pens, alleys, and sales rings for hold ing, inspecting, and otherwise handling swine shall be imperviously surfaced. (iii) Slaughter swine may be handled only on days when no feeder swine or breeder swine are present at the facility, unless the facility has provisions to keep slaughter swine physically separated from feeder swine and breeder swine or unless those areas of the facility used by slaughter swine have been cleaned and disinfected before being used by feeder swine or breeder swine. (iv) No feeder swine or breeder swine may remain in the livestock facility for more than 72 hours, and no slaughter swine may remain in the livestock market for more than 120 hours. (v) Feeder swine shall be kept separate and apart from other swine while in the livestock facility. (vi) No release shall be issued for the re moval of slaughter swine from the livestock facility unless the slaughter swine are con signed for immediate slaughter or to another slaughter market and the consignee is iden tified on the release document. (16) Horses: —This facility will handle horses: [Initials of operator, date] —This facility will handle equine infectious anemia (EIA) reactors: [Initials of operator, date] —This facility will not handle horses known to be EIA reactors and will not permit EIA reactors to enter the facility: [Initials of operator, date] (i) Horses shall be received, handled, and released by the livestock facility only in ac cordance with 9 CFR parts 71 and 75. (ii) Any horses classified as EIA reactors and accepted by the facility for sale shall be placed in quarantined pens at least 200 yards from all non-EIA-reactor horses. (iii) Any horses classified as EIA reactors and accepted by the facility for sale shall be consigned from the facility only to a slaugh tering establishment or to the home farm of the reactor in accordance with 9 CFR part 75. (iv) Fly Control Program: The livestock fa cility shall have in effect a fly control pro gram utilizing at least one of the following: Baits, fly strips, electric bug killers (‘‘Fly Zappers,’’ ‘‘Fly Snappers,’’ or similar equip ment), or the application of a pesticide effec tive against flies, applied according to the schedule and dosage recommended by the manufacturer for fly control. (17) Sheep and goats: —This facility will handle breeding sheep or goats: [Initials of operator, date] —This facility will handle slaughter sheep or goats: [Initials of operator, date] —This facility will handle scrapie-exposed goats or high-risk sheep or goats: [Initials of operator, date] —This facility will not handle goats known to be scrapie-exposed or sheep or goats known to be high-risk animals, nor permit such animals to enter the facility: [Initials of operator, date] (i) All sheep and goats must be received, handled, and released by the facility only in accordance with 9 CFR parts 71 and 79. (ii) All sheep and goats at the facility must be officially identified and relevant records related to those identified animals must be maintained by the facility operator, as re quired under 9 CFR part 79. (iii) The identity of sheep and goats from consistent States and inconsistent States must be maintained by the facility operator. (iv) Sexually intact animals that do not meet the requirements of part 79 to be sold as breeding animals must be maintained in separated enclosures at all times from ani mals that may be offered for sale as breeding animals unless all animals maintained in an enclosure arrived at the facility as part of the same consignment and are separated prior to sale. (v) Any sheep or goats that are designated, with regard to scrapie, as high-risk, suspect or scrapie-positive animals, and goats des ignated with regard to scrapie as exposed animals, excluding slaughter sheep or goats that are designated as exposed or high-risk animals and are not pregnant, must be held in quarantined pens while at the facility. Approvals (18) Request for approval: I hereby request approval for this facility to operate as an approved livestock facility for the classes of livestock indicated in para graphs (14) through (17) of this agreement. I acknowledge that I have received a copy of 9 CFR parts 71, 75, 78, 79, and 85, and acknowl edge that I have been informed and under stand that failure to abide by the provisions of this agreement and the applicable provi sions of 9 CFR parts 71, 75, 78, 79, and 85 con stitutes a basis for the withdrawal of this ap proval. [Printed name and signature of oper ator, date of signature] (19) Pre-approval inspection of livestock facility conducted by [printed name and title of APHIS representative] on [date of inspection]. (20) Recommend approval: [Printed name and signature of State animal health official, date of signature] [Printed name and signature of area veteri narian in charge, date of signature] (21) Approval granted: [Printed name and signature of the Adminis trator, Animal and Plant Health Inspection Service, date of signature] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 232 9 CFR Ch. I (1–1–18 Edition) § 71.21 8 A list of these slaughtering or rendering establishments may be obtained by writing to National Center for Animal Health Pro grams, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737–1231. (b) Denial and withdrawal of approval. The Administrator may deny or with draw the approval of a livestock facil ity to receive livestock moved inter state under this subchapter upon a de termination that the livestock facility is not or has not been maintained and operated in accordance with the agree ment set forth in paragraph (a) of this section. (1) In the case of a denial, the oper ator of the facility will be informed of the reasons for the denial and may ap peal the decision in writing to the Ad ministrator within 10 days after receiv ing notification of the denial. The ap peal must include all of the facts and reasons upon which the person relies to show that the livestock facility was wrongfully denied approval to receive livestock moved interstate under this subchapter. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her deci sion. If there is a conflict as to any ma terial fact, a hearing will be held to re solve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (2) In the case of withdrawal, before such action is taken, the operator of the facility will be informed of the rea sons for the proposed withdrawal. The operator of the facility may appeal the proposed withdrawal in writing to the Administrator within 10 days after being informed of the reasons for the proposed withdrawal. The appeal must include all of the facts and reasons upon which the person relies to show that the reasons for the proposed with drawal are incorrect or do not support the withdrawal of the approval of the livestock facility to receive livestock moved interstate under this sub chapter. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her deci sion. If there is a conflict as to any ma terial fact, a hearing will be held to re solve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. However, with drawal shall become effective pending final determination in the proceeding when the Administrator determines that such action is necessary to pro tect the public health, interest, or safe ty. Such withdrawal shall be effective upon oral or written notification, whichever is earlier, to the operator of the facility. In the event of oral notifi cation, written confirmation shall be given as promptly as circumstances allow. This withdrawal shall continue in effect pending the completion of the proceeding, and any judicial review thereof, unless otherwise ordered by the Administrator. (3) Approval for a livestock facility to handle livestock under this sub chapter will be automatically with drawn by the Administrator when: (i) The operator of the facility noti fies the Administrator, in writing, that the facility no longer handles livestock moved interstate under this sub chapter; or (ii) The person who signed the agree ment executed in accordance with paragraph (a) of this section is no longer responsible for the day-to-day operations of the facility. (Approved by the Office of Management and Budget under control numbers 0579–0258 and 0579–0342) [62 FR 27934, May 22, 1997, as amended at 62 FR 54758, Oct. 22, 1997; 63 FR 32119, June 12, 1998; 68 FR 62226, Nov. 3, 2003; 74 FR 14709, Apr. 1, 2009; 78 FR 26489, May 7, 2013] § 71.21 Tissue and blood testing at slaughter. (a) Any person moving livestock or poultry interstate for slaughter or ren dering may only move the animals to a slaughtering establishment or a ren dering establishment that has been listed by the Administrator 8 for the purposes of this part. Livestock or poultry may not be removed from the premises of a slaughtering establish ment or a rendering establishment list ed by the Administrator except under a permit issued by APHIS, and in accord ance with applicable FSIS regulations in this title. A slaughtering establish ment or rendering establishment may VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 233 Animal and Plant Health Inspection Service, USDA § 71.21 9 FSIS also has equipment and space re quirements for official establishments at § 307.2(c) of this title. receive livestock or poultry in inter state commerce only if the establish ment has been listed by the Adminis trator. The Administrator may list a slaughtering establishment or a ren dering establishment after determining that collecting samples for testing from the establishment is not cur rently necessary for the purposes of APHIS disease surveillance programs and the establishment has agreed to allow testing and to provide the access and facilities required by this section upon future APHIS notification that testing is required at the establish ment. The Administrator will list a slaughtering or rendering establish ment after determining that it meets the following facility and access re quirements: (1) The owner or operator of the es tablishment must agree, in writing, to meet the requirements for a listed fa cility under this section by signing a listing agreement. (2) The establishment provides space and equipment in accordance with paragraph (b) of this section 9 within their facility for blood and tissue sam ple collection; (3) The establishment allows APHIS, FSIS, or APHIS contractors to take blood and tissue samples from all live stock or poultry at the facility without cost to the United States, and specifi cally allows these personnel access to the processing line to collect samples; and (4) The establishment allows APHIS, FSIS, or APHIS contractors to record the identification of individual animals and retain any external or internal identification devices. (5) The management of the slaugh tering or rendering establishment agrees that weight tickets, sales slips, and records of origin, identification, and destination that relate to livestock that are in, or have been in, the estab lishment will be maintained by the es tablishment. For poultry and swine, such documents must be kept for at least 2 years, and for cattle and bison, sheep and goats, cervids, and equines, for at least 5 years. APHIS, APHIS contractors, and State animal health representatives will be permitted to re view and copy or scan these documents during normal business hours. (b) The establishment must provide office and sample collection space, in cluding necessary furnishings, light, heat, and janitor service, rent free, for the use by APHIS, FSIS, or APHIS contractors collecting samples for blood and tissue testing under this sec tion. The Administrator will inform each establishment of the exact amount and type of space required, taking into account whether APHIS will be conducting complete tests at the facility, or only collecting samples and sending them elsewhere for test ing. At the discretion of the Adminis trator, small plants need not furnish facilities as prescribed in this section if adequate facilities exist in a nearby convenient location. In granting or de nying listing of an establishment, the Administrator will consider whether the space at the facility: (1) Is conveniently located, properly ventilated, and provided with lockers suitable for the protection and storage of supplies; (2) Has sufficient light to be adequate for proper conduct of sample collection and processing; (3) Includes racks, receptacles, or other suitable devices for retaining such parts as the head, glands, and viscera, and all parts and blood to be collected, until after the post-mortem examination is completed; (4) Includes tables, benches, and other equipment on which sample col lection and processing are to be per formed, of such design, material, and construction as to enable sample col lection and processing in a safe, ready, efficient, and clean manner; (5) Has adequate arrangements, in cluding liquid soap and cleansers, for cleansing and disinfecting hands, dis section tools, floors, and other articles and places that may be contaminated by diseased carcasses or otherwise; and (6) Has adequate facilities, including denaturing materials, for the proper disposal in accordance with this chap ter of tissue, blood, and other waste generated during test sample collec tion. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 234 9 CFR Ch. I (1–1–18 Edition) § 71.22 (c) The Administrator will give the operator of the establishment actual notice that APHIS, FSIS, or an APHIS contractor will be taking blood and/or tissue samples at the establishment. The Administrator may give the oper ator of the establishment notice in any form or by any means that the Admin istrator reasonably believes will reach the operator of the establishment prior to the start of sample collection. (1) The notice will include the antici pated date and time sample collection will begin. The notice will also include the anticipated ending date and time. (2) The Administrator will give the operator of the establishment as much advance notice as possible. However, the actual amount of notice will de pend on the specific situation. (d) Denial and withdrawal of listing. The Administrator may deny or with draw the listing of an establishment upon a determination that the estab lishment is not in compliance with the requirements of this section. (1) In the case of a denial, the oper ator of the establishment will be in formed of the reasons for the denial and may appeal the decision in writing to the Administrator within 10 days after receiving notification of the de nial. The appeal must include all of the facts and reasons upon which the per son relies to show that the establish ment was wrongfully denied listing. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the rea son for his or her decision. If there is a conflict as to any material fact, a hear ing will be held to resolve the conflict. Rules of practice concerning the hear ing will be adopted by the Adminis trator. (2) In the case of withdrawal, before such action is taken, the operator of the establishment will be informed of the reasons for the proposed with drawal. The operator of the establish ment may appeal the proposed with drawal in writing to the Administrator within 10 days after being informed of the reasons for the proposed with drawal. The appeal must include all of the facts and reasons upon which the person relies to show that the reasons for the proposed withdrawal are incor rect or do not support the withdrawal of the listing. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her deci sion. If there is a conflict as to any ma terial fact, a hearing will be held to re solve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. However, with drawal shall become effective pending final determination in the proceeding when the Administrator determines that such action is necessary to pro tect the public health, interest, or safe ty. Such withdrawal shall be effective upon oral or written notification, whichever is earlier, to the operator of the establishment. In the event of oral notification, written confirmation shall be given as promptly as cir cumstances allow. This withdrawal shall continue in effect pending the completion of the proceeding, and any judicial review thereof, unless other wise ordered by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579–0212 and 0579–0342) [69 FR 10150, Mar. 4, 2004, as amended at 78 FR 26489, May 7, 2013] § 71.22 [Reserved] PART 72—BOVINE BABESIOSIS Sec. 72.1 Interstate movement of infested or ex posed animals prohibited. 72.2 Restrictions on movement of cattle. 72.3 Areas quarantined in the Virgin Islands of the United States, the Northern Mar iana Islands, the Commonwealth of Puer to Rico, and the Island of Guam. 72.4 [Reserved] 72.5 Area quarantined in Texas. 72.6 Interstate movement of cattle from quarantined areas not eradicating ticks. 72.7 Interstate movement of cattle from co operating States. 72.8 Interstate movement of cattle from free premises upon inspection and certifi cation by APHIS inspector. 72.9 Interstate movements of cattle; inspec tion and certification by APHIS inspec tor required. 72.10 Inspected or dipped and certified cat tle subject to restrictions of State of des tination. 72.11 Quarantined area; cattle considered infested; requirements for placing in non infectious pens or premises. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 235 Animal and Plant Health Inspection Service, USDA § 72.5 72.12 Cattle; exposure to tick infestation after treatment or inspection prohibited. 72.13 Permitted dips and procedures. 72.14 [Reserved] 72.15 Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States. 72.16 Designated dipping stations to be ap proved by the Administrator, APHIS on recommendations of State authorities; facilities. 72.17 Unloading noninfected cattle for rest, feed, and water only, permitted in au thorized pens for such purpose. 72.18 Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dip ping facilities unavailable. 72.19 Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected. 72.20 Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted. 72.21 Animals infested with or exposed to ticks subject to same restrictions as cat tle. 72.22 Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals. 72.23 Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated. 72.24 Litter and manure from carriers and premises of tick-infested animals; de struction or treating required. 72.25 Dipping methods. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 28 FR 5940, June 13, 1963, unless otherwise noted. § 72.1 Interstate movement of infested or exposed animals prohibited. No animals infested with ticks [Boophilus annulatus or Rhipicephalus (Boophilus) annulatus, Margaropus annulatus, Boophilus microplus or Rhipicephalus (Boophilus) microplus, or Babesiasis (Babesiosis) species vectors of Margaropus, Rhipicephalus, Amblyomma, Demacentor, or Ixodes] or exposed to tick infestation may be moved interstate, except as provided in this part. [78 FR 8960, Feb. 7, 2013] § 72.2 Restrictions on movement of cat tle. Notice is hereby given that the con tagious, infectious, and communicable disease known as bovine piroplasmosis, bovine babesiosis, redwater, or sple netic, southern, cattle, Texas or tick fever exists in cattle in portions of the State of Texas and the Virgin Islands of the United States. Notice is also hereby given that ticks which are vec tors of said disease exist in the North ern Mariana Islands, the Common wealth of Puerto Rico, and the Island of Guam. Therefore, portions of the State of Texas, the Virgin Islands of the United States, the Northern Mar iana Islands, the Commonwealth of Puerto Rico and the Island of Guam are hereby quarantined as provided in §§ 72.3 and 72.5, and the movement of cattle therefrom into any other State or Territory or the District of Colum bia shall be made only in accordance with the provisions of this part and part 71 of this chapter. [43 FR 60864, Dec. 29, 1978, as amended at 78 FR 8960, Feb. 7, 2013] § 72.3 Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Com monwealth of Puerto Rico, and the Island of Guam. The entire Territories of the Virgin Islands of the United States and the Is land of Guam, the Northern Mariana Islands, and the Commonwealth of Puerto Rico are quarantined. [43 FR 60864, Dec. 29, 1978] § 72.4 [Reserved] § 72.5 Area quarantined in Texas. The area quarantined in Texas is the quarantined area described in the regu lations of the Texas Animal Health Commission (TAHC) contained in §§ 41.14 through 41.22 of title 4, part II, of the Texas Administrative Code (4 TAC 41.14 through 41.22), effective June 23, 2002, which is incorporated by ref erence. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of 4 TAC 41.14 through 41.22 may be ob tained from the TAHC at 2105 Kramer Lane, Austin, TX 78758, and from area offices of the TAHC, which are listed in local Texas telephone directories. The TAHC also maintains a copy of its reg ulations on its Internet homepage at http://www.tahc.state.tx.us/. Copies may VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 236 9 CFR Ch. I (1–1–18 Edition) § 72.6 3 Information regarding the identities of such areas may be obtained from the Animal and Plant Health Inspection Service, Veteri nary Services, National Animal Health Pro grams, 4700 River Road Unit 43, Riverdale, Maryland 20737–1231. be inspected at the Animal and Plant Health Inspection Service, Veterinary Services, suite 3B08, 4700 River Road, Riverdale, MD, or at the National Ar chives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. [69 FR 8329, Feb. 24, 2004, as amended at 69 FR 18803, Apr. 9, 2004] § 72.6 Interstate movement of cattle from quarantined areas not eradi cating ticks. Cattle in quarantined areas where tick eradication is not being con ducted 3 may be shipped or transported interstate in accordance with §§ 72.9 through 72.15 under the following con ditions: The cattle must have been dipped twice with a permitted dip as provided in § 72.13, with an interval of 7 to 12 days between dippings imme diately preceding shipment, at a des ignated dipping station approved under § 72.16 and located in the State of origin of the shipment or, in specific cases, after having been otherwise treated at a designated dipping station under the supervision of an APHIS inspector and in a manner approved by the Adminis trator. In all cases, the cattle must be inspected by an APHIS inspector just prior to final dipping, found to be ap parently free of ticks, and be certified as such by APHIS before the cattle may be released for interstate move ment. [66 FR 21061, Apr. 27, 2001] § 72.7 Interstate movement of cattle from cooperating States. Cattle in areas where tick eradi cation is being conducted in coopera tion with State authorities, 3 which on inspection by an APHIS inspector are found to be apparently free from ticks, may, after one dipping, with a per mitted dip as provided in § 72.13, under the supervision of an APHIS inspector and certification by the inspector, be shipped or transported interstate for dip as provided in § 72.13, under the su pervision of an APHIS inspector and certification by the inspector, be shipped or transported interstate for any purpose upon compliance with the requirements set forth in §§ 72.9 through 72.15. [36 FR 20358, Oct. 21, 1971, as amended at 56 FR 51975, Oct. 17, 1991] § 72.8 Interstate movement of cattle from free premises upon inspection and certification by APHIS inspec tor. Cattle located in areas where tick eradication is being conducted in co operation with the State authorities, and which are on premises shown by the official records of tick eradication to be free from ticks, may, upon in spection and certification by an APHIS inspector, be shipped or transported interstate for any purpose without dip ping upon compliance with the require ments set forth under §§ 72.9, 72.10, 72.12. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] § 72.9 Interstate movements of cattle; inspection and certification by APHIS inspector required. All interstate movements of in spected and certified and dipped and certified cattle shall be accompanied to final destination by a certificate of an APHIS inspector (which certificate shall show that the cattle so being moved have been dipped as required by § 72.6 or by § 72.7 and are free of ticks, or have been inspected as required by § 72.8 and are free of ticks); all such cer tificates shall be handled, delivered, kept, and preserved in accordance with the provisions of § 72.16; and all such cattle shall be handled through non infectious pens, alleys, and chutes, and when shipped shall be loaded into clean and disinfected cars or trucks, and shall not be unloaded in the quar antined area except at such points re served for noninfested cattle as may from time to time be authorized by APHIS. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 237 Animal and Plant Health Inspection Service, USDA § 72.15 4 Care is required when treating animals and in maintaining the required concentra tion of chemicals in dipping baths. Detailed information concerning the use of, criteria for, and names of proprietary brands of per mitted dips—as well the use of compressed air, vat management techniques, and other information—is available from the Animal and Plant Health Inspection Service, Veteri nary Services, National Animal Health Pro grams, 4700 River Road Unit 43, Riverdale, MD 20737–1231. § 72.10 Inspected or dipped and cer tified cattle subject to restrictions of State of destination. All such interstate movements of in spected or dipped and certified cattle are subject to such restrictions, which are not inconsistent with the regula tions in this subchapter, as may be im posed at destination by the officials of the State, Territory, or the District of Columbia. § 72.11 Quarantined area; cattle con sidered infested; requirements for placing in noninfectious pens or premises. Cattle of the quarantined area shall be considered infested and shall not be placed in noninfectious pens or prem ises until after the final inspection or dipping. § 72.12 Cattle; exposure to tick infesta tion after treatment or inspection prohibited. The cattle shall not be exposed to tick infestation after treatment and/or inspection. § 72.13 Permitted dips and procedures. (a) Dipping requirements; facilities; handling. The dipping of cattle for interstate movement shall be done only with a permitted dip and at places where proper equipment is provided for dipping and for handling the cattle in a manner to prevent exposure to infec tion after the final dipping. Cattle which are to be dipped shall be given an opportunity to drink sufficient water to quench their thirst prior to dipping, be carefully handled, and not dipped while they are in a heated or ex hausted condition. Dipped cattle shall not be loaded for shipment until dry. 4 (b) Permitted dips. The dips at present permitted by the U.S. Department of Agriculture in official dipping for interstate movement are: (1) Approved proprietary brands of coumaphos (Co-Ral ®), 25 percent wet table powder or flowable form labeled for use as a 0.25 percent dip and used at a concentration of 0.125 to 0.250. 4 (2) [Reserved] (c) Approval of dips. Proprietary brands of dips are permitted to be used for purposes of this part only when ap proved by the Administrator, APHIS. Before a dip will be specifically ap proved as a permitted dip for the eradi cation of ticks, APHIS will require that the product be registered under the provisions of the Federal Insecti cide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135 et seq.); that its efficacy and stability have been dem onstrated; that trials have been con ducted to determine that its concentra tion can be maintained and that under actual field conditions the dipping of cattle with a solution of definite strength will effectually eradicate ticks without injury to the animals dipped. (d) Tissue residues; restriction on slaughter. Tissue residues are created following use of certain dips. Animals treated with such dips should not be slaughtered for food purposes until the expiration of such period as may be re quired under the Federal Meat Inspec tion Act (21 U.S.C. 601 et seq.). The length of this period shall be specified on each certificate issued by the in spector who supervises the dipping. [33 FR 18089, Dec. 5, 1968, as amended at 34 FR 12214, July 24, 1969; 36 FR 19157, Sept. 30, 1971; 36 FR 19972, Oct. 14, 1971; 37 FR 13529, July 11, 1972; 38 FR 19012, July 17, 1973; 40 FR 12768, Mar. 21, 1975; 42 FR 19854, Apr. 15, 1977; 47 FR 11002, Mar. 15, 1982; 49 FR 19799, May 10, 1984; 49 FR 32540, Aug. 15, 1984; 50 FR 430, 431, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991; 66 FR 21062, Apr. 27, 2001; 78 FR 8961, Feb. 7, 2013] § 72.14 [Reserved] § 72.15 Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States. When the cattle are to be dipped under APHIS supervision the owner of the cattle, offered for shipment, or his agent duly authorized thereto, shall first execute and deliver to an APHIS VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 238 9 CFR Ch. I (1–1–18 Edition) § 72.16 inspector an application for inspection and supervised dipping wherein he shall agree to waive all claims against the United States for any loss or damage to said cattle occasioned by or result ing from dipping or other treatment under this part, or resulting from any subsequent treatment prior to their interstate shipment, or resulting from the fact that they are later found to be still tick infested, and also for all sub sequent loss or damage to any other cattle in the possession or control of such owner which may come into con tact with the cattle so dipped or treat ed. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] § 72.16 Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities. When deemed advisable and upon rec ommendation by the proper livestock sanitary authorities, designated dip ping stations may be approved by the Administrator, APHIS as points at which cattle of the quarantined area of the State in which said station is lo cated may be inspected, dipped, and certified for interstate movement. The facilities furnished shall include proper dipping equipment, noninfectious pens constructed in accordance with § 72.17 and a roofed or covered section of pens of sufficient size to protect all dipped animals from exposure to rain or hot sun. All alleys, chutes, and pens shall be paved or properly floored. [28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991] § 72.17 Unloading noninfected cattle for rest, feed, and water only, per mitted in authorized pens for such purpose. (a) Specifications for construction and maintenance. Cattle of the free area, and cattle of the quarantined area when properly dipped, inspected, and certified in accordance with this part, which are transported interstate by rail through the quarantined area shall not be unloaded therein for rest, feed, and water unless they are unloaded into the properly equipped, noninfec tious pens set apart for such cattle at such points as may from time to time be authorized by APHIS. Such non infectious pens and the platforms, chutes, and alleys leading thereto shall be constructed and maintained in ac cordance with the specifications set out in paragraphs (a)(1) to (6) of this section. (1) The outside fences enclosing such pens, and the fences on either side of the alleys, chutes, and platforms lead ing thereto, shall be tight board fences not less than 6 feet high on the inside. (2) If such pens, alleys, chutes, and platforms are adjacent to pens, alleys, chutes, and platforms used by cattle of the quarantined area, there shall be be tween them a space not less than 10 feet wide, which shall be inaccessible to livestock. This space shall be lim ited on each side by the 6–foot fence re quired by paragraph (a)(1) of this sec tion. The remaining space around such yards shall be limited as in paragraph (a)(3) of this section. (3) If such pens, alleys, chutes, and platforms are isolated from other pens, alleys, chutes, or platforms, there shall be built and maintained outside thereof on all sides to which cattle of the vi cinity might otherwise approach a cat tle-proof fence not less than 5 feet high and not less than 15 feet from the 6– foot fence required by paragraph (a)(1) of this section. (4) The only means of egress from such pens shall be by way of the alleys, chutes, and platforms inclosed by 6– foot fences as required by paragraph (a)(1) of this section, to cars for refor warding; and under no circumstances shall there exist any connection be tween such pens and other adjacent premises. (5) Such noninfectious premises shall be so located, or such drainage facili ties shall be provided therefor, that water from the surrounding area will not flow on to or through them. (6) Such pens shall be marked by a conspicuous sign bearing the words ‘‘Noninfectious Pens’’ in letters not less than 10 inches in height. (b) Materials for use in noninfectious pens; source, shipment, handling. The hay, straw, or similar materials re quired for feed and bedding in such noninfectious pens shall be shipped in noninfectious cars from points outside VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 239 Animal and Plant Health Inspection Service, USDA § 72.22 of the quarantined area so handled that they may not become infectious. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] § 72.18 Movement interstate; specifica tion by the Deputy Administrator, Veterinary Services of treatment re quired when dipping facilities un available. (a) Tick-infested cattle. Cattle of the free area which are tick-infested may be moved interstate for any purpose after they have been treated in the same manner as cattle under § 72.6: Pro vided, however, That when dipping equipment is not available at the place where the cattle are, said treatment shall be given at a place and in the manner specified by the Administrator, APHIS. (b) Tick-exposed cattle. Cattle of the free area which have been exposed to tick infestation may be moved inter state for any purpose after they have been treated in the same manner as cattle under § 72.7: Provided, however, That when dipping equipment is not available at the place where the cattle are, said treatment shall be given at a place and in the manner specified by the Administrator, APHIS. (c) Cattle moved contrary to regula tions. Cattle which have been moved from the quarantined area to the free area without first having been treated in the manner provided in either § 72.6 or § 72.7 or inspected in the manner pro vided in § 72.8 shall not be shipped or moved interstate until they have been treated in the same manner as cattle under § 72.6: Provided, however, That when dipping equipment is not avail able at the place where the cattle are, said treatment shall be given at a place and in the manner specified by the Ad ministrator, APHIS. [28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991] § 72.19 Interstate shipments and use of pine straw, grass, litter from quar antined area; prohibited until dis infected. Pine straw, grass, or similar litter collected from tick-infested pastures, ranges, or premises may disseminate the contagion of splenetic, southern, or Texas fever; therefore pine straw, grass, or similar litter originating in the quarantined area shall not be transported or moved interstate there from or used as packing material or car bedding for commodities or livestock to be transported or moved from the quarantined area of any State, Terri tory, or the District of Columbia, to or through the free area of any other State, Territory, or the District of Co lumbia, unless such material is first disinfected in accordance with the pro visions of § 72.24. § 72.20 Exhibition of noninfected cattle in the quarantined area; restric tions under which permitted. The exhibition of noninfected cattle at fairs or exhibitions in the quar antined area and their reshipment to the free area without dipping may, by written order of the Administrator, APHIS be permitted: Provided, That the cattle shall be handled under such conditions as may be prescribed in each case to preclude any danger of the spread of infection. [28 FR 5940, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991] § 72.21 Animals infested with or ex posed to ticks subject to same re strictions as cattle. Animals other than cattle which are infested with ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi] or exposed to tick in festation shall not be moved interstate unless they are treated, handled, and moved in accordance with the require ments specified in §§ 72.9 through 72.15 and § 72.18 of this part governing the interstate movement of cattle. § 72.22 Cars, vehicles, and premises; cleaning and treatment after con taining infested or exposed animals. Cars and other vehicles, and yards, pens, chutes, or other premises or fa cilities, which have contained inter state shipments of animals infested with or exposed to ticks, shall be cleaned and treated within 72 hours of use and prior to further use in the re quired concentration with a permitted dip listed in § 72.13 under supervision of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 240 9 CFR Ch. I (1–1–18 Edition) § 72.23 a State or Federal inspector or an ac credited veterinarian. [38 FR 21996, Aug. 15, 1973] § 72.23 Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated. Cars or others vehicles which have carried cattle exposed to or infested with ticks within the quarantined area of any State shall be cleaned and treat ed in the required concentration with a permitted dip listed in § 72.13 before being moved interstate under super vision of a State or Federal inspector or an accredited veterinarian. [38 FR 21996, Aug. 15, 1973] § 72.24 Litter and manure from car riers and premises of tick-infested animals; destruction or treating re quired. The litter and manure removed from cars, boats, or other vehicles and from pens, chutes, alleys, or other premises or inclosures which have contained interstate shipments of tick-infested animals, shall be destroyed or treated by the transportation or yard com pany, or other owner thereof, under APHIS supervision, by saturating it in the required concentration with a per mitted dip listed in § 72.13, or shall be otherwise disposed of under prior per mission received from the Adminis trator, APHIS. [38 FR 21996, Aug. 15, 1973, as amended at 56 FR 51974, 51975, Oct. 17, 1991] § 72.25 Dipping methods. Dipping is accomplished by thor oughly wetting the entire skin by ei ther immersion in a chemical solution in a dip vat, or by spraying with a chemical solution using a spray-dip machine or a hand-held sprayer. [50 FR 430, Jan. 4, 1985] PART 73—SCABIES IN CATTLE Sec. 73.1 Interstate movement prohibited. 73.1a [Reserved] 73.1b Quarantine policy. 73.1c Definitions. 73.2 Interstate shipment for immediate slaughter from quarantined or nonquar antined areas; conditions under which permitted. 73.3 Shipment for purposes other than slaughter; conditions under which per mitted. 73.4 Interstate shipment of exposed but not visibly diseased cattle from a quar antined or nonquarantined area; condi tions under which permitted. 73.5 Interstate shipment of undiseased cat tle from quarantined area; when per mitted. 73.6 Placarding means of conveyance and marking billing of shipments of treated scabby cattle or cattle exposed to sca bies. 73.7 Movement from quarantined to free area and shipment therefrom; restric tions under which permitted. 73.8 Cattle infected or exposed during tran sit. 73.9 Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States. 73.10 Permitted dips; substances allowed. 73.11 Treatment of means of conveyance and premises having contained scabby cattle. 73.12 Ivermectin. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. § 73.1 Interstate movement prohibited. (a) Cattle affected with scabies. No cat tle affected with scabies shall be shipped, trailed, driven, or otherwise moved interstate for any purpose ex cept as provided in this part. (b) Cattle affected with or exposed to scabies. No cattle which, just prior to movement, were affected with or ex posed to scabies shall be shipped, trailed, driven, or otherwise moved interstate for any purpose except as provided in this part. (c) Cattle from area quarantined for scabies. No cattle shall be shipped, trailed, driven, or otherwise moved interstate from the area quarantined for the disease of scabies in cattle ex cept as provided in this part. [28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976] § 73.1a [Reserved] § 73.1b Quarantine policy. Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the Secretary may promulgate regulations and may prohibit or restrict the movement in VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 241 Animal and Plant Health Inspection Service, USDA § 73.2 interstate commerce of any animal, ar ticle, or means of conveyance as the Secretary determines necessary to pre vent the introduction or dissemination of any pest or disease of livestock. Pur suant to this authority, the Depart ment has quarantined various areas be cause of cattle scabies and has issued the regulations in this part governing the interstate movement of cattle from such areas. It is the policy of the De partment to quarantine those portions of any State that are clearly identifi able, and in which exist animals af fected with cattle scabies, or mites which are the contagion of said disease and not to quarantine an entire State for cattle scabies if the State adopts and enforces requirements for the intrastate movement of cattle that are at least as stringent as the require ments in the regulations in this part for interstate movements of cattle. Further, it is the policy of the Depart ment to remove the quarantine from any quarantined area when it is deter mined that scabies-affected animals and the mites which are the contagion of scabies no longer exist in such areas. [38 FR 31671, Nov. 16, 1973, as amended at 68 FR 6343, Feb. 7, 2003] § 73.1c Definitions. For purposes of this part the fol lowing terms shall have the meaning set forth in this section. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). APHIS Inspector. A veterinarian or livestock inspector employed by the Animal and Plant Health Inspection Service, U.S. Department of Agri culture, in animal health activities, who is authorized to perform the func tion involved. State Inspector. A veterinarian or live stock inspector regularly employed in animal health activities by a State or a political subdivision thereof, author ized by such State or political subdivi sion to perform the function involved under a cooperative agreement with the U.S. Department of Agriculture. [41 FR 5384, Feb. 6, 1976, as amended at 56 FR 52463, Oct. 21, 1991] § 73.2 Interstate shipment for imme diate slaughter from quarantined or nonquarantined areas; condi tions under which permitted. (a) Conditions under which permitted after one dipping. Cattle which, just prior to shipment, were affected with scabies but have been dipped once in a permitted dip (other than a toxaphene dip), under the supervision of an APHIS inspector or State inspector, within 10 days prior to the date of ship ment may be shipped or transported interstate for immediate slaughter to a recognized slaughtering center, upon compliance with the following condi tions: (1) They shall not be diverted en route. (2) The means of conveyance shall be placarded and the billing shall be marked ‘‘Treated Scabby Cattle,’’ in accordance with § 73.6. (b) After one dipping; to be slaughtered within 14 days or redipped by owner. Cat tle shipped interstate subject to the provisions of paragraph (a) of this sec tion shall be slaughtered within 14 days from the date of the dipping or shall be again dipped by the owner. (c) When part of diseased herd not visi bly affected. Cattle of the free area not visibly diseased with scabies, but which may be part of a diseased herd, may be shipped or transported interstate for immediate slaughter to any recognized slaughtering center where separate pens are provided for yarding exposed cattle: Provided, That means of convey ance in which the cattle are trans ported shall be placarded and the bill ing accompanying the shipment shall be marked ‘‘Cattle Exposed to Scabies’’ in accordance with § 73.6. (d) Undiseased herds in quarantined area; conditions under which permitted. Cattle of herds of the quarantined area which are not diseased with scabies may be shipped, transported, or other wise moved interstate for immediate slaughter, upon inspection by an APHIS or State inspector within 10 days prior to the date of shipment and when accompanied by a certificate VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 242 9 CFR Ch. I (1–1–18 Edition) § 73.3 from such inspector showing the cattle to be free from disease. [31 FR 8907, June 28, 1966, as amended at 36 FR 23996, Dec. 17, 1971; 38 FR 18011, July 6, 1973; 41 FR 5384, Feb. 6, 1976; 49 FR 10530, Mar. 20, 1984; 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991; 66 FR 21062, Apr. 27, 2001] § 73.3 Shipment for purposes other than slaughter; conditions under which permitted. Cattle affected with scabies may be shipped interstate for any purpose if dipped twice in a permitted dip, 10 to 14 days apart, under the supervision of an APHIS inspector or State inspector, and so certified by such inspector, or such cattle may be so shipped if dipped once in a permitted dip under APHIS supervision or State supervision at the point of origin, provided arrangements have been made for the second dipping, under APHIS supervision, en route or at destination within 10 to 14 days after the first dipping. If shipped in the lat ter manner the means of conveyance containing the cattle shall be plac arded and the billing shall be marked ‘‘Treated Scabby Cattle,’’ in accord ance with § 73.6. [28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 49 FR 10530, Mar. 20, 1984; 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991; 66 FR 21062, Apr. 27, 2001] § 73.4 Interstate shipment of exposed but not visibly diseased cattle from a quarantined or nonquarantined area; conditions under which per mitted. Cattle not visibly diseased with sca bies, but which are known to be part of a diseased herd or to have come in con tact with diseased cattle or infectious means of conveyance or premises, may be shipped interstate for any purpose if dipped at the point of origin, under the supervision of an APHIS inspector or State inspector, in a permitted dip, or the cattle may be dipped en route by special permission first had and ob tained from the Administrator; but in such event the means of conveyance shall be placarded and the billing shall be marked ‘‘Cattle Exposed to Sca bies,’’ in accordance with § 73.6, and the cattle shall not be permitted to mingle with other cattle until disposed of in accordance with the regulations in this part. [28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 FR 52463, Oct. 21, 1991] § 73.5 Interstate shipment of undiseased cattle from quarantined area; when permitted. Cattle of any herd in any quar antined area, which herd is not dis eased with scabies, may be shipped, transported, or otherwise moved inter state for any purpose upon inspection by an APHIS or State inspector within 10 days prior to the date of shipment and when accompanied by a certificate from such inspector showing the cattle to be free from such disease or expo sure thereto. When it is determined by the Administrator that all cattle of all herds in any quarantined area have been inspected for scabies by an APHIS or State inspector, that all the infected or exposed herds have been identified, and that all the infected herds have been dipped twice, and all the exposed herds have been dipped in a permitted dip as prescribed in § 73.10, under super vision of an APHIS or APHIS-approved inspector, cattle of herds in such area which are not diseased with or exposed to scabies may be moved interstate in accordance with this section, without further APHIS inspection or certifi cation, directly to a slaughtering plant where Federal Meat Inspection is maintained: Provided further, that treatment with ivermectin may be used in lieu of dipping for a herd of cat tle treated together if the herd is phys ically separated for 14 days following treatment from all cattle not a part of the herd treated together with ivermectin. Information may be ob tained from an APHIS inspector wheth er a determination as required by this section is currently applicable to au thorize such movement. Cattle moved interstate under this section shall not be diverted en route and must be ac companied by a waybill or similar doc ument, or a statement signed by the owner or shipper of the cattle, stating: (a) That the cattle are not known to be infected with scabies or exposed there to; (b) [Reserved]; (c) the purpose for which the cattle are to be moved; (d) the number of the cattle; (e) the point VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 243 Animal and Plant Health Inspection Service, USDA § 73.7 from which the cattle are to be moved interstate; (f) that the cattle shall not be diverted en route; and (g) the name and address of the owner or shipper of the cattle. (Approved by the Office of Management and Budget under control number 0579–0051) [31 FR 8907, June 28, 1966, as amended at 36 FR 23996, Dec. 17, 1971; 38 FR 10252, Apr. 26, 1973; 38 FR 18011, July 6, 1973; 41 FR 5384, Feb. 6, 1976; 48 FR 57472, Dec. 30, 1983; 49 FR 10530, Mar. 20, 1984; 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991; 66 FR 21062, Apr. 27, 2001] § 73.6 Placarding means of conveyance and marking billing of shipments of treated scabby cattle or cattle ex posed to scabies. When cattle are shipped as ‘‘Treated Scabby Cattle,’’ or ‘‘Cattle Exposed to Scabies,’’ the transportation compa nies shall securely affix to and main tain upon both sides of each means of conveyance carrying such cattle a du rable, conspicuous placard, not less than 51⁄2 by 8 inches in size, on which shall be printed with permanent black ink in boldfaced letters, not less than 11⁄2 inches in height, the words, ‘‘Treated Scabby Cattle,’’ or ‘‘Cattle Exposed to Scabies,’’ as the case may be. These placards shall also show the name of the place from which the ship ment was made, the date of the ship ment (which must correspond to the date of the waybills and other papers), the name of the transportation com pany, and the name of the place of des tination. The carrier issuing the way bills, conductors’ manifests, memo randa, and bills of lading pertaining to such shipments shall plainly write or stamp upon the face of each such paper the words, ‘‘Treated Scabby Cattle,’’ or ‘‘Cattle Exposed to Scabies,’’ as the case may be. If for any reason the plac ards required by this part have not been affixed to the means of convey ance as aforesaid, or the placards have been removed, destroyed, or rendered illegible, or the cattle are rebilled or are transferred to other means of con veyance, the placards shall be imme diately affixed or replaced by the car rier, and the new waybills shall be marked as aforesaid by the carrier issuing them, the intention being that the billing accompanying the shipment shall be marked and the means of con veyance containing the cattle shall be placarded ‘‘Treated Scabby Cattle,’’ or ‘‘Cattle Exposed to Scabies,’’ as the case may be, from the time of shipment until the cattle arrive at destination or point of dipping and the disposition of the means of conveyance is indicated by an APHIS inspector or State inspec tor. [28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 49 FR 10530, Mar. 20, 1984; 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991; 66 FR 21062, Apr. 27, 2001] § 73.7 Movement from quarantined to free area and shipment therefrom; restrictions under which permitted. No person, firm, or corporation shall deliver for transportation, transport, drive on foot, or otherwise move inter state from the free area of any State, Territory, or the District of Columbia any cattle which have been moved from the quarantined area of the same State, Territory, or the District of Co lumbia into such free area: Provided, however, That such cattle may be deliv ered for transportation, transported, driven on foot, or otherwise moved interstate for the purposes for which the shipment, transportation, or other movement interstate of cattle of the quarantined area is permitted by this part, Provided, That in such shipment and transportation or other movement the requirements of this part governing the shipment and transportation or other movement of cattle of the quar antined area are strictly complied with: And provided further, That this section shall not apply to cattle of the quarantined area which, before being moved into the free area, are certified by an APHIS inspector or State inspec tor as free from disease and are accom panied by such certificate in their ship ment by transportation or other move ment interstate. (Approved by the Office of Management and Budget under control number 0579–0051) (44 U.S.C. 3506) [28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 48 FR 57472, Dec. 30, 1983; 56 FR 52463, Oct. 21, 1991] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 244 9 CFR Ch. I (1–1–18 Edition) § 73.8 1 The field test for lime-sulphur dipping baths is described in U.S. Department of Ag riculture Bulletin 163, for sale by the Super intendent of Documents, Government Print ing Office, Washington, D.C. 20402, at 5 cents a copy. § 73.8 Cattle infected or exposed dur ing transit. (a) Healthy cattle from unquarantined State exposed en route. Should healthy cattle in transit from a State not quar antined by the Secretary of Agri culture for scabies in cattle be un loaded en route and placed in infec tious premises, they shall be treated as exposed cattle, and their further move ment shall be subject to the provisions of this part with respect to the move ment of exposed cattle. (b) Interstate shipments of cattle under APHIS or State certificate found affected or exposed en route. Cattle shipped interstate under a certificate from an APHIS inspector or State inspector or other cattle which are found en route to be affected with scabies or to have been exposed thereto, shall thereafter be handled in the same manner as dis eased or exposed cattle are required by this part to be handled, and the means of conveyance and the chutes, alleys, and pens which have been occupied by diseased animals shall be cleaned and disinfected as provided in §§ 71.4 through 71.11 of this subchapter. [28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 FR 52463, Oct. 21, 1991] § 73.9 Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States. When the cattle are to be dipped under APHIS supervision or control, the owner of the cattle offered for ship ment, or his agent duly authorized thereto, shall first execute and deliver to an APHIS inspector an application for inspection and supervised dipping wherein he shall agree to waive all claims against the United States for any loss or damage to said cattle occa sioned by or resulting from dipping or other treatment under this part, or re sulting from any subsequent treatment prior to their interstate shipment, or resulting from the fact that they are later found to be still scabies infested, and also for all subsequent loss or dam age to any other cattle in the posses sion or control of such owner which may come into contact with the cattle so dipped or treated. [41 FR 4012, Jan. 28, 1976, as amended at 56 FR 52463, Oct. 21, 1991] § 73.10 Permitted dips; substances al lowed. (a) The dips at present permitted by the Department for the treatment, as required in this part, of cattle affected with or exposed to scabies, are as fol lows: (1) Lime-sulphur dip, other than pro prietary brands thereof, made in the proportion of 12 pounds of unslaked lime (or 16 pounds of commercial hy drated lime, not airslaked lime) and 24 pounds of flowers of sulphur or sulphur flour to 100 gallons of water; or a spe cifically permitted proprietary brand of lime-sulphur dip. (2) Dips made from specifically per mitted proprietary brand emulsions of toxaphene and maintained throughout the dipping operation at a concentra tion between 0.50 and 0.60 percent toxaphene. Animals treated by such dips should not be slaughtered for food purposes until the expiration of such period as may be required under the Federal Meat Inspection Act (21 U.S.C., Supp. III, 601 et seq.). The length of this required period shall be specified on each certificate issued by the APHIS inspector or State inspector who super vises the dipping with such dips. (3) Approved proprietary brands of coumaphos (Co-Ral ®), 25 percent wet table powder or flowable form used at a concentration of 0.30 percent. (4) Approved proprietary brands of organophosphorous insecticides (Prolate ®) used at a concentration of 0.15 percent to 0.25 percent. (b) The dipping bath for lime-sulphur dip must be used at a temperature of 95° to 105 °F., and must be maintained through the dipping operation at a con centration of not less than 2 percent of ‘‘sulphide sulphur’’, as indicated by the field test for lime-sulphur dipping baths approved by the APHIS. 1 The VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 245 Animal and Plant Health Inspection Service, USDA § 73.12 2 Care must be exercised in dipping animals and in maintaining the bath at the standard concentration. Detailed instructions will be issued for the guidance of employees who may be called upon to use them in the sca bies eradication program. 3 Information as to the names of such dips may be obtained from the APHIS or a APHIS inspector. 1 Tissue residues remain following treat ment with ivermectin. Cattle treated with ivermectin are not allowed to be slaughtered for food purposes until the expiration of such period as may be required under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). Further, the animal drug regulations in 21 CFR parts 522 and 556 promulgated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) contain limitations on the use of ivermectin and contain tolerances for ivermectin in edible cattle tissue. With re spect to the limitations 21 CFR part 522 pro vides the following: ‘‘For subcutaneous use only. Not for intramuscular use. Do not treat cattle within 35 days of slaughter. Because a withdrawal time in milk has not been estab lished, do not use in female dairy cattle of breeding age. Federal law restricts this drug to use by or on the order of a licensed veteri narian.’’ dipping bath for toxaphene emulsions must be kept within a temperature range of 40–80 °F., and at a concentra tion between 0.50 and 0.60 percent throughout the dipping operations. 2 (c) Proprietary brands of lime-sul phur or toxaphene dips may be used in official dipping only after specific per mission therefor has been granted by the Administrator. Before a dip will be specifically approved as a permitted dip for the eradication of scabies in cattle, the APHIS 3 will require that the product be registered under the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135 et seq.); that is ef ficacy and stability have been dem onstrated; that trials have been con ducted to determine that its concentra tion can be maintained and that under actual filed conditions the dipping of cattle in a bath of definite strength will effectually eradicate scabies infec tion without injury to the animals dipped. [34 FR 7443, May 8, 1969, as amended at 39 FR 39715, Nov. 11, 1974; 40 FR 12768, Mar. 21, 1975; 40 FR 42179, Sept. 11, 1975; 41 FR 5384, Feb. 6, 1976; 41 FR 37307, Sept. 3, 1976; 50 FR 431, Jan. 4, 1985; 56 FR 52463, Oct. 21, 1991] § 73.11 Treatment of means of convey ance and premises having con tained scabby cattle. Means of conveyance, yards, pens, sheds, chutes, or other premises or fa cilities which have contained cattle of a consignment in which scabies is found shall be treated within 72 hours of use and prior to further use in the required concentration with a per mitted dip listed in § 73.10 under super vision of a State or Federal inspector or an accredited veterinarian. [38 FR 21996, Aug. 15, 1973, as amended at 41 FR 5384, Feb. 6, 1976] § 73.12 Ivermectin. 1 (a) Cattle affected with scabies or which just prior to movement were af fected with or exposed to scabies may be moved interstate from a nonquar antined area after being treated with ivermectin under the supervision of an APHIS inspector or State inspector in accordance with the directions on the label of the drug if the following condi tions are met: (1) Such cattle are kept physically separated for 14 days following treat ment from all cattle not part of the group treated together with ivermectin (regardless of whether the cattle are moved interstate before the end of the 14-day period); and (2) If such cattle are moved inter state before the end of the 14th day fol lowing treatment, at the time of inter state movement they are accompanied by a certificate issued and signed by an APHIS inspector or State inspector identifying the group of cattle treated with ivermectin and stating the date on which the cattle were treated with ivermectin; and (3) If such cattle are moved inter state before the end of the 14th day fol lowing treatment, at the time of inter state movement the means of convey ance carrying them is placarded and the billing marked in accordance with § 73.6. NOTE: Cattle from nonquarantined areas which are not affected with scabies or which just prior to movement were not affected with or exposed to scabies may be moved VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 246 9 CFR Ch. I (1–1–18 Edition) Pt. 74 interstate without restrictions under this part. Accordingly, cattle from nonquar antined areas which had been treated with ivermectin more than 14 days before move ment interstate may be moved interstate without restriction under this part unless following treatment they become affected with scabies or just prior to movement be come affected with or exposed to scabies. (b) Cattle may be moved interstate from a quarantined area after being treated with ivermectin under the su pervision of an APHIS inspector or State inspector in accordance with the directions on the label of the drug if the following conditions are met: (1) Such cattle are moved interstate within 21 days following treatment with ivermectin; and (2) Such cattle are kept physically separated for 14 days following treat ment from all cattle not part of the group treated together with ivermectin (regardless of whether the cattle are moved interstate before the end of the 14 day period); and, if such cattle are moved within the 15- to 21-day period following treatment, they remain kept physically separated from all cattle not a part of the group treated to gether with ivermectin until after they are moved interstate; and (3) Such cattle are accompanied at the time of interstate movement by a certificate issued and signed by an APHIS inspector or State inspector identifying the group of cattle treated with ivermectin and stating the date on which the cattle were treated with ivermectin; and (4) If such cattle are moved inter state before the end of the 14 day pe riod following treatment, at the time of interstate movement the means of conveyance carrying them is placarded and the billing marked in accordance with § 73.6. [49 FR 10530, Mar. 20, 1984 and 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991; 66 FR 21062, Apr. 27, 2001] PART 74—PROHIBITION OF INTER STATE MOVEMENT OF LAND TOR TOISES AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. § 74.1 General prohibition. The interstate movement of leopard tortoise (Geochelone pardalis), African spurred tortoise (Geochelone sulcata), and Bell’s hingeback tortoise (Kinixys belliana) is prohibited except when tor toises are accompanied by either a health certificate or a certificate of veterinary inspection. The health cer tificate or certificate of veterinary in spection must be signed by an accred ited veterinarian within 30 days prior to the interstate movement and must state that the tortoises have been ex amined by that veterinarian and found free of ticks. [66 FR 37128, July 17, 2001] PART 75—COMMUNICABLE DIS EASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS DOURINE IN HORSES AND ASSES Sec. 75.1–75.3 [Reserved] EQUINE INFECTIOUS ANEMIA (SWAMP FEVER) 75.4 Interstate movement of equine infec tious anemia reactors and approval of laboratories, diagnostic facilities, and re search facilities. CONTAGIOUS EQUINE METRITIS (CEM) 75.5–75.10 [Reserved] AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 28 FR 5950, June 13, 1963, unless otherwise noted. DOURINE IN HORSES AND ASSES §§ 75.1–75.3 [Reserved] EQUINE INFECTIOUS ANEMIA (SWAMP FEVER) § 75.4 Interstate movement of equine infectious anemia reactors and ap proval of laboratories, diagnostic facilities, and research facilities. (a) Definitions. For the purpose of this section, the following terms have the meanings set forth in this paragraph. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 247 Animal and Plant Health Inspection Service, USDA § 75.4 1 Information as to the National Uniform Tag code number system can be obtained from the Animal and Plant Health Inspec tion Service, Veterinary Services, National Animal Health Programs, 4700 River Road Unit 43, Riverdale, Maryland 20737–1231. D of this chapter, and to perform func tions required by cooperative State Federal disease control and eradication programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. APHIS representative. An individual employed by APHIS who is authorized to perform the functions involved. Approved stockyard. A stockyard, live stock market, or other premises, under state or federal veterinary supervision where horses or other equines are as sembled for sale purposes, and which has been approved by the Adminis trator under § 71.20 of this chapter. Certificate. An official document issued by a State representative, APHIS representative, or an accredited veterinarian at the point of origin of the interstate movement on which are listed: (1) The description, including age, breed, color, sex, and distinctive markings when present (such as brands, tattoos, scars or blemishes), of each reactor to be moved; (2) the num ber of reactors covered by the docu ment; (3) the purpose for which the re actors are to be moved; (4) the points of origin and destination; (5) consignor; and (6) the consignee; and which states that each reactor identified on the cer tificate meets the requirements of § 75.4(b). Interstate. From any State into or through any other State. Official seal. A serially numbered metal or plastic strip, or a serially numbered button, consisting of a self locking device on one end and a slot on the other end, which forms a loop when the ends are engaged and which cannot be reused if opened. It is applied by an APHIS representative or State rep resentative. Official test. Any test for the labora tory diagnosis of equine infectious ane mia that utilizes a diagnostic product that is: (1) Produced under license from the Secretary of Agriculture, and found to be efficacious for that diagnosis, under the Virus-Serum-Toxin Act of March 4, 1913, and subsequent amend ments (21 U.S.C. 151 et seq.); and (2) con ducted in a laboratory approved by the Administrator. Officially identified. The permanent identification of a reactor using the National Uniform Tag code number as signed by the United States Depart ment of Agriculture to the State in which the reactor was tested, followed by the letter ‘‘A’’, 1 which markings shall be permanently applied to the re actor by an APHIS representative, State representative or accredited vet erinarian who shall use for the purpose a hot iron or chemical brand, freezemarking or a lip tattoo. If hot iron or chemical branding or freezemarking is used, the markings shall be not less than two inches high and shall be applied to the left shoulder or left side of the neck of the reactor. If a lip tattoo is used, each character of the tattoo shall be not less than one inch high and three-fourths of an inch wide and shall be applied to the inside surface of the upper lip of the reactor. Operator. The individual responsible for the day-to-day operations of the specifically approved stockyard. Permit. An official document (VS Form 1–27 or a State form which con tains the same information, but not a ‘‘permit for entry’’) issued by an APHIS representative, State represent ative, or accredited veterinarian which lists the owner’s name and address, points of origin and destination, num ber of animals covered, purpose of the movement, and one of the following: The individual animal registered breed association registration tattoo, indi vidual animal registered breed associa tion registration number, or similar in dividual identification, including name, age, sex, breed, color, and mark ings. Reactor. Any horse, ass, mule, pony or zebra which is subjected to an offi cial test and found positive. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 248 9 CFR Ch. I (1–1–18 Edition) § 75.4 2 Training requirements, standard test pro tocols, and check test proficiency require ments prescribed by the National Veterinary Services Laboratories, and the names and State. Any State, the District of Co lumbia, Puerto Rico, the Virgin Islands of the United States, Guam, the North ern Mariana Islands, or any other terri tory or possession of the United States. State animal health official. The individial employed by a State who is responsible for livestock and poultry disease control and eradication pro grams. State representative. An individual em ployed in animal health activities of a State or a State’s political subdivision, who is authorized by that State to per form the function involved under a co operative agreement with the United States Department of Agriculture. Veterinarian in Charge. The veteri nary official of APHIS who is assigned by the Administrator to supervise and perform the animal health activities of APHIS in the State concerned. (b) Interstate movement. No reactor may be moved interstate unless the re actor is officially identified, is accom panied by a certificate, and meets the conditions of either paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section: Provided, That official identification is not necessary if the reactor is moved directly to slaughter under a permit and in a conveyance sealed with an of ficial seal: (1) The reactor is moved interstate for immediate slaughter, either to a Federally inspected slaughtering estab lishment operating under the provi sions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or to a State inspected slaughtering establishment that has inspection by a State rep resentative at time of slaughter; or (2) The reactor is moved interstate to a diagnostic or research facility after the individual issuing the certificate has consulted with the State animal health official in the State of destina tion and has determined that the reac tor to be moved interstate will be maintained in isolation sufficient to prevent the transmission of equine in fectious anemia to other horses, asses, ponies, mules, or zebras, and will re main quarantined under State author ity at the diagnostic or research facil ity until natural death, slaughter, or until disposed of by euthanasia; or (3) The reactor is moved interstate to its home farm after the individual issuing the certificate has consulted with the State animal health official in the State of destination and has deter mined that the reactor to be moved interstate will be maintained in isola tion sufficient to prevent the trans mission of equine infectious anemia to other horses, asses, ponies, mules, or zebras, and will remain quarantined under State authority on the reactor’s home farm until natural death, slaugh ter, or until disposed of by euthanasia; and (4) The reactor is moved interstate through no more than one approved stockyard for sale for immediate slaughter, and is moved within five days of its arrival at the approved stockyard directly to: (i) Slaughter at a federally inspected slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), or, (ii) Slaughter at a state-inspected slaughtering establishment that has inspection by a state representative at the time of slaughter, or, (iii) The home farm of the reactor in accordance with paragraph (b)(3) of this section. (c) Approval of Laboratories, and Diag nostic or Research Facilities. (1) The Ad ministrator will approve laboratories to conduct the official test only after consulting with the State animal health official in the State in which the laboratory is located and after de termining that the laboratory: (i) Has technical personnel assigned to conduct the official test who have received training prescribed by the Na tional Veterinary Services Labora tories; (ii) Uses United States Department of Agriculture licensed antigen; (iii) Follows standard test protocol prescribed by the National Veterinary Services Laboratories; (iv) Meets check test proficiency re quirements prescribed by the National Veterinary Services Laboratories; and (v) Reports all official test results to the State animal health official and the Veterinarian in Charge. 2 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 249 Animal and Plant Health Inspection Service, USDA § 75.4 addresses of approved laboratories can be ob tained from the Animal and Plant Health In spection Service, Veterinary Services, Na tional Animal Health Programs, 4700 River Road Unit 43, Riverdale, Maryland 20737–1231. 3 Facilities and procedures which are ade quate to prevent the transmission of equine infectious anemia, and the names and ad dresses of approved diagnostic or research fa cilities, can be obtained from the Animal and Plant Health Inspection Service, Veteri nary Services, National Animal Health Pro grams, 4700 River Road Unit 43, Riverdale, Maryland 20737–1231. (2) The Administrator will approve diagnostic or research facilities to which reactors may be moved inter state under paragraph (b)(2) of this sec tion, after a determination by the Ad ministrator that the facility has facili ties and employs procedures which are adequate to prevent the transmission of equine infectious anemia from reac tors to other equine animals. 3 (d) Denial and withdrawal of approval of laboratories and diagnostic or research facilities. The Administrator may deny or withdraw approval of any laboratory to conduct the official test, or of any diagnostic or research facility to re ceive reactors moved interstate, upon a determination that the laboratory or diagnostic or research facility does not meet the criteria for approval under paragraph (c) of this section. (1) In the case of a denial, the oper ator of the laboratory or facility will be informed of the reasons for denial and may appeal the decision in writing to the Administrator within 10 days after receiving notification of the de nial. The appeal must include all of the facts and reasons upon which the per son relies to show that the laboratory or facility was wrongfully denied ap proval to conduct the official test or receive reactors moved interstate. The Administrator will grant or deny the appeal in writing as promptly as cir cumstances permit, stating the reason for his or her decision. If there is a con flict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hear ing will be adopted by the Adminis trator. (2) In the case of withdrawal, before such action is taken, the operator of the laboratory or facility will be in formed of the reasons for the proposed withdrawal. The operator of the labora tory or facility may appeal the pro posed withdrawal in writing to the Ad ministrator within 10 days after being informed of the reasons for the pro posed withdrawal. The appeal must in clude all of the facts and reasons upon which the person relies to show that the reasons for the proposed with drawal are incorrect or do not support the withdrawal of the approval of the laboratory or facility to conduct the official test or receive reactors moved interstate. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her deci sion. If there is a conflict as to any ma terial fact, a hearing will be held to re solve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. However, the withdrawal shall become effective pending final determination in the pro ceeding when the Administrator deter mines that such action is necessary to protect the public health, interest, or safety. Such withdrawal shall be effec tive upon oral or written notification, whichever is earlier, to the operator of the laboratory or facility. In the event of oral notification, written confirma tion shall be given as promptly as cir cumstances allow. The withdrawal shall continue in effect pending the completion of the proceeding, and any judicial review thereof, unless other wise ordered by the Administrator. (3) Approval for a laboratory to con duct the official test will be automati cally withdrawn by the Administrator when the operator of the approved lab oratory notifies the National Veteri nary Services Laboratories in Ames, Iowa, in writing, that the laboratory no longer conducts the official test. (4) Approval for a diagnostic or re search facility to receive reactors moved interstate will be automatically withdrawn by the Administrator when the operator of the approved diagnostic or research facility notifies the Admin istrator, in writing, that the diagnostic VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 250 9 CFR Ch. I (1–1–18 Edition) §§ 75.5–75.10 or research facility no longer receives reactors moved interstate. (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 12597, Apr. 14, 1986, as amended at 51 FR 30327, Aug. 26, 1986; 55 FR 13506, 13507, Apr. 11, 1990; 57 FR 2440, Jan. 22, 1992; 57 FR 57337, Dec. 4, 1992; 59 FR 67133, Dec. 29, 1994; 59 FR 67613, Dec. 30, 1994; 60 FR 14619, Mar. 20, 1995; 62 FR 27936, May 22, 1997; 66 FR 21062, Apr. 27, 2001] CONTAGIOUS EQUINE METRITIS (CEM) §§ 75.5–75.10 [Reserved] PART 76 [RESERVED] PART 77—TUBERCULOSIS Subpart A—General Provisions Sec. 77.1 Material incorporated by reference. 77.2 Definitions. 77.3 Tuberculosis classifications of States and zones. 77.4 Application for and retention of zones. Subpart B—Cattle and Bison 77.5 Definitions. 77.6 Applicability of this subpart. 77.7 Accredited-free States or zones. 77.8 Interstate movement from accredited free States and zones. 77.9 Modified accredited advanced States or zones. 77.10 Interstate movement from modified accredited advanced States and zones. 77.11 Modified accredited States or zones. 77.12 Interstate movement from modified accredited States and zones. 77.13 Accreditation preparatory States or zones. 77.14 Interstate movement from accredita tion preparatory States and zones. 77.15 Nonaccredited States or zones. 77.16 Interstate movement from nonaccred ited States and zones. 77.17 Interstate movement of cattle and bison that are exposed, reactors, or sus pects, or from herds containing suspects. 77.18 Other movements. 77.19 Cleaning and disinfection of premises, conveyances, and materials. Subpart C—Captive Cervids 77.20 Definitions. 77.21 Applicability of this subpart. 77.22 Accredited-free States or zones. 77.23 Interstate movement from accredited free States and zones. 77.24 Modified accredited advanced States or zones. 77.25 Interstate movement from modified accredited advanced States and zones. 77.26 Modified accredited States or zones. 77.27 Interstate movement from modified accredited States and zones. 77.28 Accreditation preparatory States or zones. 77.29 Interstate movement from accredita tion preparatory States and zones. 77.30 Nonaccredited States or zones. 77.31 Interstate movement from nonaccred ited States and zones. 77.32 General restrictions. 77.33 Testing procedures for tuberculosis in captive cervids. 77.34 Official tuberculosis tests. 77.35 Interstate movement from accredited herds. 77.36 Interstate movement from qualified herds. 77.37 Interstate movement from monitored herds. 77.38 Interstate movement from herds that are not accredited, qualified, or mon itored. 77.39 Other interstate movements. 77.40 Procedures for and interstate move ment to necropsy and slaughter. 77.41 Cleaning and disinfection of premises, conveyances, and materials. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 65 FR 63517, Oct. 23, 2000, unless otherwise noted. Subpart A—General Provisions § 77.1 Material incorporated by ref erence. Uniform Methods and Rules—Bovine Tuberculosis Eradication. The Uniform Methods and Rules—Bovine Tuber culosis Eradication (January 22, 1999, edition) has been approved for incorpo ration by reference into the Code of Federal Regulations by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (a) The procedures specified in the Uniform Methods and Rules—Bovine Tuberculosis Eradication (January 22, 1999, edition) must be followed for the interstate movement of certain ani mals regulated under this part. (b) Availability. Copies of the Uniform Methods and Rules—Bovine Tuber culosis Eradication: (1) Are available for inspection at the National Archives and Records Admin istration (NARA). For information on VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 251 Animal and Plant Health Inspection Service, USDA § 77.2 the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html; (2) Are available for inspection at the APHIS reading room, room 1141, USDA South Building, 14th Street and Inde pendence Avenue, SW., Washington, DC; or (3) May be obtained from the Na tional Animal Health Programs, Vet erinary Services, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737–1231. [65 FR 63517, Oct. 23, 2000, as amended at 69 FR 18803, Apr. 9, 2004] § 77.2 Definitions. As used in this part, the following terms shall have the meanings set forth in this section except as other wise specified. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of subchapter J to perform functions specified in subchapters B, C, and D of this chapter. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Affected herd. A herd of livestock in which there is strong and substantial evidence that Mycobacterium bovis ex ists. This evidence should include, but is not limited to, any of the following: Histopathology, polymerase chain re action (PCR) assay, bacterial isolation or detection, testing data, or epidemio logic evidence such as contact with known sources of infection. Animal. All species of animals except man, birds, or reptiles. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States that provides a nation ally unique identification number for each animal. The AIN consists of 15 digits, with the first 3 being the coun try code (840 for the United States or a unique country code for any U.S. terri tory that has such a code and elects to use it in place of the 840 code). The alpha characters USA or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing may be used as an alternative to the 840 or other prefix representing a U.S territory; however, only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015. The AIN beginning with the 840 prefix may not be applied to animals known to have been born out side the United States. APHIS representative. An individual employed by APHIS who is authorized to perform the function involved. Area veterinarian in charge. The vet erinary official of APHIS who is as signed by the Administrator to super vise and perform the official animal health work of APHIS in the State con cerned. Cooperating State and Federal animal health officials. The State and Federal animal health officials responsible for overseeing and implementing the Na tional Cooperative State/Federal Bo vine Tuberculosis Eradication Pro gram. Depopulate. To destroy all livestock in a herd by slaughter or by death oth erwise. Directly. Moved in a means of convey ance, without stopping to unload while en route, except for stops of less than 24 hours to feed, water, or rest the ani mals being moved, and with no com mingling of animals at such stops. Epidemiologic investigation. An inves tigation that is conducted by a State in conjunction with APHIS representa tives, in which an official test for tu berculosis is conducted on all livestock in any tuberculosis-affected herd in a State or zone, all livestock in any herd into which livestock from the affected herd have been moved, all potential tu berculosis source herds, and all live stock herds and animals that are likely to have been exposed to the affected herd. Herd. Except for livestock assembled at feedlots, any group of livestock maintained for at least 4 months on common ground for any purpose, or two or more groups of livestock under VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 252 9 CFR Ch. I (1–1–18 Edition) § 77.2 common ownership or supervision, geo graphically separated but that have an interchange or movement of livestock without regard to health status, as de termined by the Administrator. Interstate. From one State into or through any other State. Interstate certificate of veterinary in spection (ICVI). An official document issued by a Federal, State, Tribal, or accredited veterinarian certifying the inspection of animals in preparation for interstate movement. (a) The ICVI must show the species of animals covered by the ICVI; the num ber of animals covered by the ICVI; the purpose for which the animals are to be moved; the address at which the ani mals were loaded for interstate move ment; the address to which the animals are destined; and the names of the con signor and the consignee and their ad dresses if different from the address at which the animals were loaded or the address to which the animals are des tined. Additionally, unless the species specific requirements for ICVIs provide an exception, the ICVI must list the of ficial identification number of each animal, except as provided in para graph (b) of this definition, or group of animals moved that is required to be officially identified, or, if an alter native form of identification has been agreed upon by the sending and receiv ing States, the ICVI must include a record of that identification. If animals moving under a GIN also have indi vidual official identification, only the GIN must be listed on the ICVI. An ICVI may not be issued for any animal that is not officially identified if offi cial identification is required. If the animals are not required by the regula tions to be officially identified, the ICVI must state the exemption that ap plies (e.g., the cattle and bison do not belong to one of the classes of cattle and bison to which the official identi fication requirements of 9 CFR part 86 apply). If the animals are required to be officially identified but the identi fication number does not have to be re corded on the ICVI, the ICVI must state that all animals to be moved under the ICVI are officially identified. (b) As an alternative to typing or writing individual animal identifica tion on an ICVI, if agreed to by the re ceiving State or Tribe, another docu ment may be used to provide this infor mation, but only under the following conditions: (1) The document must be a State form or APHIS form that requires indi vidual identification of animals or a printout of official identification num bers generated by computer or other means; (2) A legible copy of the document must be stapled to the original and each copy of the ICVI; (3) Each copy of the document must identify each animal to be moved with the ICVI, but any information per taining to other animals, and any un used space on the document for record ing animal identification, must be crossed out in ink; and (4) The following information must be written in ink in the identification column on the original and each copy of the ICVI and must be circled or boxed, also in ink, so that no addi tional information can be added: (i) The name of the document; and (ii) Either the unique serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who pre pared the document and the date the document was signed. Livestock. All farm-raised animals. Location-based numbering system. The location-based number system com bines a State or Tribal issued location identification (LID) number or a prem ises identification number (PIN) with a producer’s unique livestock production numbering system to provide a nation ally unique and herd-unique identifica tion number for an animal. Location identification (LID) number. A nationally unique number issued by a State, Tribal, and/or Federal animal health authority to a location as deter mined by the State or Tribe in which it is issued. The LID number may be used in conjunction with a producer’s own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may also be used as a component of a group/lot identification number (GIN). Move. To carry, enter, import, mail, ship, or transport; to aid, abet, cause, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 253 Animal and Plant Health Inspection Service, USDA § 77.2 or induce carrying, entering, import ing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive in order to carry, enter, import, mail, ship, or transport; or to allow any of these ac tivities. National Uniform Eartagging System (NUES). A numbering system for the of ficial identification of individual ani mals in the United States that provides a nationally unique identification number for each animal. Official eartag. An identification tag approved by APHIS that bears an offi cial identification number for indi vidual animals. Beginning March 11, 2014, all official eartags manufactured must bear an official eartag shield. Be ginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other character istics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resist ant and have a high retention rate in the animal. Official eartag shield. The shield shaped graphic of the U.S. Route Shield with ‘‘U.S.’’ or the State postal abbreviation or Tribal alpha code im printed within the shield. Official identification number. A na tionally unique number that is perma nently associated with an animal or group of animals and that adheres to one of the following systems: (1) National Uniform Eartagging Sys tem (NUES). (2) Animal identification number (AIN). (3) Flock-based number system. (4) Location-based number system. (5) Any other numbering system ap proved by the Administrator for the of ficial identification of animals. Official seal. A seal issued by a State or APHIS representative, consisting of a serially numbered, metal or plastic strip, with a self-locking device on one end and a slot on the other end, which forms a loop when the ends are engaged and that cannot be reused if opened, or a serially numbered, self-locking but ton that can be used for this purpose. Officially identified. Identified by means of an official eartag or by means of an individual tattoo or hot brand that provides unique identification for each animal. Person. Any individual, corporation, company, association, firm, partner ship, society, joint stock company, or other legal entity. Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health authority a geographically distinct location from other premises. The PIN may be used in conjunction with a producer’s own livestock production numbering sys tem to provide a nationally unique and herd-unique identification number for an animal. It may be used as a compo nent of a group/lot identification num ber (GIN). Recognized slaughtering establishment. Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Prod ucts Inspection Act (21 U.S.C. 451 et seq.), or State meat or poultry inspec tion acts that is approved in accord ance with 9 CFR 71.21. State. Any State, the District of Co lumbia, Puerto Rico, or any territory of the United States. State animal health official. The State official responsible for livestock and poultry disease control and eradication programs. State representative. A veterinarian or other person employed in livestock sanitary work of a State or a political subdivision of a State and who is au thorized by such State or political sub division of a State to perform the func tion involved under a memorandum of understanding with APHIS. Transportation document. Any docu ment accompanying the interstate movement of livestock, such as an owner’s statement, manifest, switch order, or vehicle record, on which is stated the point from which the ani mals are moved interstate, the destina tion of the animals, the number of ani mals covered by the document, and the name and address of the owner or ship per. Tuberculosis. The contagious, infec tious, and communicable disease VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 254 9 CFR Ch. I (1–1–18 Edition) § 77.3 caused by Mycobacterium bovis. (Also re ferred to as bovine tuberculosis.) United States. All of the States. United States Department of Agri culture (USDA) approved backtag. A backtag issued by APHIS that provides a temporary unique identification for each animal. Zone. A defined geographic land area identifiable by geological, political, manmade, or surveyed boundaries, with mechanisms of disease spread, ep idemiological characteristics, and the ability to control the movement of ani mals across the boundaries of the zone taken into account. [65 FR 63517, Oct. 23, 2000, as amended at 66 FR 7592, Feb. 20, 2002; 69 FR 64649, Nov. 8, 2004; 70 FR 61026, Oct. 20, 2005; 72 FR 39305, July 18, 2007; 73 FR 54062, Sept. 18, 2008; 78 FR 2064, Jan. 9, 2013; 79 FR 43926, July 29, 2014] § 77.3 Tuberculosis classifications of States and zones. The Administrator shall classify each State for tuberculosis in accordance with this part. A zone comprising less than an entire State will be given a particular classification upon request of the State only if the Administrator determines that: (a) The State meets the requirements of this part for establishment of zones; (b) The State has adopted and is en forcing regulations that impose restric tions on the intrastate movement of cattle, bison, and captive cervids that are substantially the same as those in place under this part for the interstate movement of cattle, bison, and captive cervids; and (c) The designation of part of a State as a zone will otherwise be adequate to prevent the interstate spread of tuber culosis. § 77.4 Application for and retention of zones. (a) A State animal health official may request at any time that the Ad ministrator designate part of a State as having a different tuberculosis clas sification under this part than the rest of the State. The requested zones must be delineated by the State animal health authorities, subject to approval by the Administrator. The request from the State must demonstrate that the State complies with the following requirements: (1) The State must have the legal and financial resources to implement and enforce a tuberculosis eradication pro gram and must have in place an infra structure, laws, and regulations that require and ensure that State and Fed eral animal health authorities are noti fied of tuberculosis cases in domestic livestock or outbreaks in wildlife; (2) The State in which the intended zones are located must maintain, in each intended zone, clinical and epi demiologic surveillance of animal spe cies at risk of tuberculosis at a rate that allows detection of tuberculosis in the overall population of livestock at a 2 percent prevalence rate with 95 per cent confidence. The designated tuber culosis epidemiologist must review re ports of all testing for each zone within the State within 30 days of the testing; and (3) The State must enter into a memorandum of understanding with APHIS in which the State agrees to ad here to any conditions for zone rec ognition particular to that request. (b) Retention of APHIS recognition of a zone is subject to annual review by the Administrator. To retain recogni tion of a zone, a State must continue to comply with the requirements of paragraphs (a)(1), (a)(2), and (a)(3) of this section, as well as the require ments for maintaining or improving the tuberculosis risk classification of each zone in the State, and must retain for at least 2 years all certificates re quired under this part for the move ment of cattle, bison, and captive cervids. (Approved by the Office of Management and Budget under control number 0579–0146) Subpart B—Cattle and Bison § 77.5 Definitions. As used in subpart B, the following terms shall have the meanings set forth in this section except as other wise specified. Accreditation preparatory State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ and in VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 255 Animal and Plant Health Inspection Service, USDA § 77.5 which tuberculosis is prevalent in less than 0.5 percent of the total number of herds of cattle and bison in the State or zone. Accredited-free State or zone. A State or zone that is or is part of a State that has the authority to enforce and com plies with the provisions of the ‘‘Uni form Methods and Rules—Bovine Tu berculosis Eradication,’’ has zero per cent prevalence of affected cattle and bison herds, and has had no findings of tuberculosis in any cattle or bison herds in the State or zone for the pre vious 5 years. Except that: The require ment of freedom from tuberculosis in herds is 2 years from the depopulation of the last affected herd in States or zones that were previously accredited free and in which all herds affected with tuberculosis were depopulated, 3 years in all other States or zones that have depopulated all affected herds, and 3 years in States or zones that have conducted surveillance that dem onstrates that other livestock herds and wildlife are not at risk of being in fected with tuberculosis, as determined by the Administrator based on a risk assessment conducted by APHIS. Accredited herd. To establish or main tain accredited herd status, the herd owner must comply with all of the pro visions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradi cation’’ regarding accredited herds. All cattle and bison in a herd must be free from tuberculosis. Approved feedlot. A confined area ap proved jointly by the State animal health official and the Administrator for feeding cattle and bison for slaugh ter, with no provisions for pasturing or grazing. Cattle and bison not known to be af fected. All cattle and bison except those originating from tuberculosis affected herds or from herds containing tuber culosis suspect cattle or bison. Department. The U.S. Department of Agriculture (USDA). Exposed cattle and bison. Cattle and bison, except reactor cattle and bison, that are part of an affected herd. Feedlot. A facility for congregating finished fed cattle prior to their being shipped to slaughter. Finished fed cattle. Cattle fattened on a ration of feed concentrates to reach a slaughter condition equivalent to that which would be attained on full feed with a high concentrate grain ration for 90 days. Modified accredited advanced State or zone. A State or zone that is or is part of a State that has the authority to en force and complies with the provisions of the ‘‘Uniform Methods and Rules— Bovine Tuberculosis Eradication’’ and in which tuberculosis has been preva lent in less than 0.01 percent of the total number of herds of cattle and bison in the State or zone for each of the most recent 2 years. Except that: The Administrator, upon his or her re view, may allow a State or zone with fewer than 30,000 herds to have up to 3 affected herds for each of the most re cent 2 years, depending on the veteri nary infrastructure, livestock demo graphics, and tuberculosis control and eradication measures in the State or zone. Modified accredited State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ and in which tuberculosis has been prevalent in less than 0.1 percent of the total number of herds of cattle and bison in the State or zone for the most recent year. Except that: The Administrator, upon his or her review, may allow a State or zone with fewer than 10,000 herds to have up to 10 affected herds for the most recent year, depending on the veterinary infrastructure, live stock demographics, and tuberculosis control and eradication measures in the State or zone. Negative cattle and bison. Cattle and bison that are classified negative for tuberculosis in accordance with the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication,’’ based on the results of an official tuberculin test. Nonaccredited State or zone. A State or zone that is or is part of a State that does not meet the standards of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ or in which tuberculosis is prevalent in 0.5 percent or more of the total number of herds of cattle and bison in the State or zone. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 256 9 CFR Ch. I (1–1–18 Edition) § 77.6 Official tuberculin test. Any test for tuberculosis conducted on cattle or bison in accordance with the ‘‘Uniform Methods and Rules—Bovine Tuber culosis Eradication.’’ Permit. An official document issued for movement of cattle or bison under this part by an APHIS representative, State representative, or an accredited veterinarian at the point of origin of a shipment of cattle or bison to be moved directly to slaughter, that shows the tuberculosis status of each animal (re actor, suspect, or exposed), the eartag number of each animal and the name of the owner of such animal, the estab lishment to which the animals are to be moved, the purpose for which the animals are to be moved, and that they are eligible for such movement under the applicable provisions of §§ 77.17 and 77.18. Quarantined feedlot. A confined area under the direct supervision and con trol of a State livestock official who shall establish procedures for the ac counting of all livestock entering or leaving the area. The quarantined feed lot shall be maintained for finish feed ing of livestock in drylot with no pro vision for pasturing and grazing. All livestock leaving such feedlot must only move directly to slaughter in ac cordance with established procedures for handling quarantined livestock. Reactor cattle and bison. Cattle and bison that are classified as reactors for tuberculosis in accordance with the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication.’’ Recognized slaughtering establishment. Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Prod ucts Inspection Act (21 U.S.C. 451 et seq.), or State meat or poultry inspec tion acts that is approved in accord ance with 9 CFR 71.21. Suspect cattle and bison. Cattle and bison that are classified as suspects for tuberculosis in accordance with the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication.’’ Uniform Methods and Rules—Bovine Tuberculosis Eradication. Uniform meth ods and rules for eradicating bovine tu berculosis in the United States, ap proved by APHIS on January 22, 1999, which is incorporated by reference at § 77.1. Whole herd test. An official tuberculin test of all cattle and bison in a herd that are 12 months of age or older, and of all cattle and bison in the herd that are less than 12 months of age and were not born into the herd, except those cattle and bison that are less than 12 months of age and were born in and originated from an accredited herd. Zero percent prevalence. No finding of tuberculosis in any cattle, bison, or goat herd in a State or zone. [65 FR 63517, Oct. 23, 2000, as amended at 70 FR 61026, Oct. 20, 2005; 78 FR 2065, Jan. 9, 2013] § 77.6 Applicability of this subpart. All references in this subpart to the tuberculosis status of States and zones pertain to such status for cattle and bison only. § 77.7 Accredited-free States or zones. (a) The following are accredited-free States: Alabama, Alaska, Arizona, Ar kansas, California, Colorado, Con necticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Ne braska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Okla homa, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, the Virgin Islands of the United States, Washington, West Virginia, Wisconsin, and Wyoming. (b) The following are accredited-free zones: (1) All of the State of Michigan ex cept for the zone that comprises those counties in Michigan described in § 77.11(b)(1). (2) [Reserved] (c) If an affected herd is detected in a State or zone classified as accredited free, and the herd is depopulated and an epidemiologic investigation is com pleted within 90 days of the detection of the affected herd with no evidence of the spread of tuberculosis, the State or zone may retain its accredited-free sta tus. If two or more affected herds are detected in an accredited-free State or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 257 Animal and Plant Health Inspection Service, USDA § 77.9 zone within a 48-month period, the State or zone will be removed from the list of accredited-free States or zones and will be reclassified as modified ac credited advanced. (d) If any livestock other than cattle or bison are included in a newly assem bled herd on a premises where a tuber culous herd has been depopulated, the State or zone must apply the herd test requirements contained in the ‘‘Uni form Methods and Rules—Bovine Tu berculosis Eradication’’ (January 22, 1999, edition), which is incorporated by reference at § 77.1, to those other live stock in the same manner as to cattle and bison. Failure to do so will result in reclassification of the State or zone as modified accredited advanced. (e) If tuberculosis is diagnosed within an accredited-free State or zone in an animal not specifically regulated by this part and a risk assessment con ducted by APHIS determines that the outbreak poses a tuberculosis risk to livestock within the State or zone, the State or zone must implement a tuber culosis management plan, approved jointly by the State animal health offi cial and the Administrator, within 6 months of the diagnosis. The manage ment plan must include provisions for immediate investigation of tuber culosis in animals held for exhibition and in livestock and wildlife; the pre vention of the spread of the disease to other animals held for exhibition and to livestock and wildlife; increased sur veillance for tuberculosis in animals held for exhibition and wildlife; eradi cation of tuberculosis from individual herds; a timeline for tuberculosis eradication; and performance standards by which to measure yearly progress toward eradication. If a State or zone does not implement such a plan within the required 6 months, the State or zone will lose its accredited-free status and will be reclassified as modified ac credited advanced. (f) Accredited-free State or zone sta tus must be renewed annually. To qual ify for renewal of accredited-free State or zone status, a State must submit an annual report to APHIS certifying that the State or zone within the State complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication.’’ The report must be submitted to APHIS each year between October 1 and November 30. (Approved by the Office of Management and Budget under control number 0579–0146) [65 FR 63517, Oct. 23, 2000] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 77.7, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 77.8 Interstate movement from ac credited-free States and zones. Cattle or bison that originate in an accredited-free State or zone may be moved interstate in accordance with 9 CFR part 86 without further restriction under this part. [78 FR 2065, Jan. 9, 2013] § 77.9 Modified accredited advanced States or zones. (a) The following are modified ac credited advanced States: None. (b) The following are modified ac credited advanced zones: None. (c) If any livestock other than cattle or bison are included in a newly assem bled herd on a premises where a tuber culous herd has been depopulated, the State or zone must apply the herd test requirements contained in the ‘‘Uni form Methods and Rules—Bovine Tu berculosis Eradication’’ (January 22, 1999), which is incorporated by ref erence at § 77.1, for such newly assem bled herds to those other livestock in the same manner as to cattle and bison. Failure to do so will result in the removal of the State or zone from the list of modified accredited ad vanced States or zones and its being re classified as modified accredited. (d) If tuberculosis is diagnosed within a modified accredited advanced State or zone in an animal not specifically regulated by this part and a risk as sessment conducted by APHIS deter mines that the outbreak poses a tuber culosis risk to livestock within the State or zone, the State or zone must implement a tuberculosis management plan, approved jointly by the State ani mal health official and the Adminis trator, within 6 months of the diag nosis. The management plan must in clude provisions for immediate inves tigation of tuberculosis in animals held VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 258 9 CFR Ch. I (1–1–18 Edition) § 77.10 for exhibition and in livestock and wildlife; the prevention of the spread of the disease to other animals held for exhibition and to livestock and wild life; increased surveillance for tuber culosis in animals held for exhibition and wildlife; eradication of tuber culosis from individual herds; a timeline for tuberculosis eradication; and performance standards by which to measure yearly progress toward eradi cation. If a State or zone does not im plement such a plan within the re quired 6 months, the State or zone will be reclassified as modified accredited. (e) Modified accredited advanced State or zone status must be renewed annually. To qualify for renewal of a modified accredited advanced State or zone status, a State must submit an annual report to APHIS certifying that the State or zone complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradi cation.’’ The report must be submitted to APHIS each year between October 1 and November 30. (f) To qualify for accredited-free sta tus, a modified accredited advanced State or zone must demonstrate to the Administrator that it complies with the provisions of the ‘‘Uniform Meth ods and Rules—Bovine Tuberculosis Eradication,’’ has zero percent preva lence of affected cattle and bison herds, and has had no findings of tuberculosis in any cattle or bison in the State or zone for the previous 5 years. Except that: The requirement of freedom from tuberculosis is 2 years from the de population of the last affected herd in States or zones that were previously accredited free and in which all herds affected with tuberculosis were depopu lated, 3 years in all other States or zones that have depopulated all af fected herds, and 3 years in States or zones that have conducted surveillance that demonstrates that other livestock herds and wildlife are not at risk of being infected with tuberculosis, as de termined by the Administrator based on a risk assessment conducted by APHIS. (Approved by the Office of Management and Budget under control number 0579–0146) [65 FR 63517, Oct. 23, 2000] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 77.9, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 77.10 Interstate movement from modified accredited advanced States and zones. Cattle or bison that originate in a modified accredited advanced State or zone, and that are not known to be in fected with or exposed to tuberculosis, may be moved interstate only in ac cordance with 9 CFR part 86 and, if moved anywhere other than directly to slaughter at a recognized slaughtering establishment, under one of the fol lowing additional conditions: (a) The cattle or bison are sexually intact heifers moved to an approved feedlot, or are steers or spayed heifers, and are officially identified. (b) The cattle or bison are from an accredited herd, are officially identi fied, and are accompanied by an ICVI stating that the accredited herd com pleted the testing necessary for accred ited status with negative results with in 1 year prior to the date of move ment. (c) The cattle or bison are sexually intact animals; are not from an accred ited herd; are officially identified; and are accompanied by an ICVI stating that they were negative to an official tuberculin test conducted within 60 days prior to the date of movement. (Approved by the Office of Management and Budget under control numbers 0579–0146, 0579–0220, and 0579–0229) [78 FR 2065, Jan. 9, 2013] § 77.11 Modified accredited States or zones. (a) The following are modified ac credited States: None. (b) The following are modified ac credited zones: (1) A zone in Michigan that comprises Alcona, Alpena, Montmorency, and Oscoda Counties. (2) [Reserved] (c) If any livestock other than cattle or bison are included in a newly assem bled herd on a premises where a tuber culous herd has been depopulated, the State or zone must apply the herd test VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 259 Animal and Plant Health Inspection Service, USDA § 77.12 requirements contained in the ‘‘Uni form Methods and Rules—Bovine Tu berculosis Eradication’’ (January 22, 1999, edition), which is incorporated by reference at § 77.1, for such newly as sembled herds to those other livestock in the same manner as to cattle and bison. Failure to do so will result in the removal of the State or zone from the list of modified accredited States or zones and its being reclassified as accreditation preparatory. (d) If tuberculosis is diagnosed within a modified accredited State or zone in an animal not specifically regulated by this part and a risk assessment con ducted by APHIS determines that the outbreak poses a tuberculosis risk to livestock within the State or zone, the State or zone must implement a tuber culosis management plan, approved jointly by the State animal health offi cial and the Administrator, within 6 months of the diagnosis. The manage ment plan must include provisions for immediate investigation of tuber culosis in animals held for exhibition and in livestock and wildlife; the pre vention of the spread of the disease to other animals held for exhibition and to livestock and wildlife; increased sur veillance for tuberculosis in animals held for exhibition and wildlife; eradi cation of tuberculosis from individual herds; a timeline for tuberculosis eradication; and performance standards by which to measure yearly progress toward eradication. If a State or zone does not implement such a plan within the required 6 months, the State or zone will be reclassified as accredita tion preparatory. (e) Modified accredited State or zone status must be renewed annually. To qualify for renewal of a modified ac credited State or zone status, a State must submit an annual report to APHIS certifying that the State or zone complies with the provisions of the ‘‘Uniform Methods and Rules—Bo vine Tuberculosis Eradication.’’ The report must be submitted to APHIS each year between October 1 and No vember 30. (f) To qualify for modified accredited advanced status, a modified accredited State or zone must demonstrate to the Administrator that it complies with the provisions of the ‘‘Uniform Meth ods and Rules—Bovine Tuberculosis Eradication’’ and that tuberculosis has been prevalent in less than 0.01 percent of the total number of herds of cattle and bison in the State or zone for the most recent 2 years. Except that: The Administrator, upon his or her review, may allow a State or zone with fewer than 30,000 herds to have up to 3 af fected herds for each of the most recent 2 years, depending on the veterinary infrastructure, livestock demo graphics, and tuberculosis control and eradication measures in the State or zone. (Approved by the Office of Management and Budget under control number 0579–0146) [65 FR 63517, Oct. 23, 2000; 65 FR 64479, Oct. 27, 2000, as amended at 69 FR 20809, Apr. 19, 2004; 73 FR 19142, Apr. 9, 2008; 73 FR 60102, Oct. 10, 2008; 74 FR 67053, Dec. 18, 2009; 75 FR 60588, Oct. 1, 2010; 76 FR 56636, Sept. 14, 2011] § 77.12 Interstate movement from modified accredited States and zones. Cattle or bison that originate in a modified accredited State or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only in accordance with 9 CFR part 86 and, if moved any where other than directly to slaughter at a recognized slaughtering establish ment, under one of the following addi tional conditions: (a) The cattle or bison are sexually intact heifers moved to an approved feedlot, or are steers or spayed heifers; are officially identified, and are accom panied by an ICVI stating that they were classified negative to an official tuberculin test conducted within 60 days prior to the date of movement. (b) The cattle or bison are from an accredited herd, are officially identi fied, and are accompanied by an ICVI stating that the accredited herd com pleted the testing necessary for accred ited status with negative results with in 1 year prior to the date of move ment. (c) The cattle or bison are sexually intact animals; are not from an accred ited herd; are officially identified; and are accompanied by an ICVI stating that the herd from which they origi nated was negative to a whole herd test conducted within 1 year prior to the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 260 9 CFR Ch. I (1–1–18 Edition) § 77.13 date of movement and that the indi vidual animals to be moved were nega tive to an additional official tuberculin test conducted within 60 days prior to the date of movement, except that the additional test is not required if the animals are moved interstate within 60 days following the whole herd test. (Approved by the Office of Management and Budget under control number 0579–0146) [78 FR 2066, Jan. 9, 2013] § 77.13 Accreditation preparatory States or zones. (a) The following are accreditation preparatory States: None. (b) The following are accreditation preparatory zones: None. (c) If any livestock other than cattle or bison are included in a newly assem bled herd on a premises where a tuber culous herd has been depopulated, the State or zone must apply the herd test requirements contained in the ‘‘Uni form Methods and Rules—Bovine Tu berculosis Eradication’’ (January 22, 1999 edition), which is incorporated by reference at § 77.1, for such newly as sembled herds to those other livestock in the same manner as to cattle and bison. Failure to do so will result in the removal of the State or zone from the list of accreditation preparatory States or zones and its being reclassi fied as nonaccredited. (d) If tuberculosis is diagnosed within an accreditation preparatory State or zone in an animal not specifically regu lated by this part and a risk assess ment conducted by APHIS determines that the outbreak poses a tuberculosis risk to livestock within the State or zone, the State or zone must imple ment a tuberculosis management plan, approved jointly by the State animal health official and the Administrator, within 6 months of the diagnosis. The management plan must include provi sions for immediate investigation of tuberculosis in animals held for exhi bition and in livestock and wildlife; the prevention of the spread of the disease to other animals held for exhibition and to livestock and wildlife; increased surveillance for tuberculosis in ani mals held for exhibition and wildlife; eradication of tuberculosis from indi vidual herds; a timeline for tuber culosis eradication; and performance standards by which to measure yearly progress toward eradication. If a State or zone does not implement such a plan within the required 6 months, the State or zone will be reclassified as nonaccredited. (e) Accreditation preparatory State or zone status must be renewed annu ally. To qualify for renewal of accredi tation preparatory State or zone sta tus, a State must submit an annual re port to APHIS certifying that the State or zone complies with the provi sions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradi cation.’’ The report must be submitted to APHIS each year between October 1 and November 30. (f) To qualify for modified accredited status, an accreditation preparatory State or zone must demonstrate to the Administrator that it complies with the provisions of the ‘‘Uniform Meth ods and Rules—Bovine Tuberculosis Eradication’’ and that tuberculosis has been prevalent in less than 0.1 percent of the total number of herds of cattle and bison in the State or zone for the most recent year. Except that: The Ad ministrator, upon his or her review, may allow a State or zone with fewer than 10,000 herds to have up to 10 af fected herds for the most recent year, depending on the veterinary infrastruc ture, livestock demographics, and tu berculosis control and eradication measures in the State or zone. (Approved by the Office of Management and Budget under control number 0579–0146) § 77.14 Interstate movement from ac creditation preparatory States and zones. Cattle or bison that originate in an accreditation preparatory State or zone, and that are not known to be in fected with or exposed to tuberculosis, may be moved interstate only in ac cordance with 9 CFR part 86 and, if moved anywhere other than directly to slaughter at a recognized slaughtering establishment, under one of the fol lowing additional conditions: (a) The cattle or bison are sexually intact heifers moved to an approved feedlot, or are steers or spayed heifers; are officially identified; and are accom panied by an ICVI stating that the herd VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 261 Animal and Plant Health Inspection Service, USDA § 77.17 from which they originated was nega tive to a whole herd test conducted within 1 year prior to the date of move ment and that the individual animals to be moved were negative to an addi tional official tuberculin test con ducted within 60 days prior to the date of movement; Except that: The addi tional test is not required if the ani mals are moved interstate within 6 months following the whole herd test. (b) The cattle or bison are from an accredited herd; are officially identi fied; and are accompanied by an ICVI stating that the accredited herd com pleted the testing necessary for accred ited status with negative results with in 1 year prior to the date of movement and that the animals to be moved were negative to an official tuberculin test conducted within 60 days prior to the date of movement. (c) The cattle or bison are sexually intact animals; are not from an accred ited herd; are officially identified; and are accompanied by an ICVI stating that the herd from which they origi nated was negative to a whole herd test conducted within 1 year prior to the date of movement and that the indi vidual animals to be moved were nega tive to two additional official tuber culin tests conducted at least 60 days apart and no more than 6 months apart, with the second test conducted within 60 days prior to the date of movement; Except that: The second ad ditional test is not required if the ani mals are moved interstate within 60 days following the whole herd test. (Approved by the Office of Management and Budget under control number 0579–0146) [78 FR 2066, Jan. 9, 2013] § 77.15 Nonaccredited States or zones. (a) The following are nonaccredited States: None. (b) The following are nonaccredited zones: None. (c) To qualify for accreditation pre paratory status, a nonaccredited State or zone must demonstrate to the Ad ministrator that it complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradi cation’’ and that tuberculosis is preva lent in less than 0.5 percent of the total number of herds of cattle and bison in the State or zone. § 77.16 Interstate movement from non accredited States and zones. Cattle or bison that originate in a nonaccredited State or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only if the cattle or bison are accompanied by VS Form 1–27 and are moved interstate for slaughter in an officially sealed means of convey ance directly to a recognized slaugh tering establishment. [65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2066, Jan. 9, 2013] § 77.17 Interstate movement of cattle and bison that are exposed, reac tors, or suspects, or from herds con taining suspects. (a) Reactor cattle and bison. Cattle or bison that have been classified as reac tor cattle or bison may be moved inter state only if they are moved directly to slaughter at a recognized slaughtering establishment and only in accordance with the following conditions: (1) Reactor cattle and bison must be individually identified by attaching to the left ear an approved metal eartag bearing a serial number and the in scription ‘‘U.S. Reactor,’’ or a similar State reactor tag, and must be: (i) Branded with the letter ‘‘T,’’ at least 5 by 5 centimeters (2 by 2 inches) in size, high on the left hip near the tailhead; or (ii) Permanently identified with the letters ‘‘TB’’ tattooed legibly in the left ear and sprayed with yellow paint on the left ear and either accompanied directly to slaughter by an APHIS or State representative or moved directly to slaughter in vehicles closed with of ficial seals. Such official seals must be applied and removed by an APHIS rep resentative, State representative, ac credited veterinarian, or an individual authorized for this purpose by an APHIS representative. (2) The reactor cattle or bison must be accompanied by a permit; and (3) The reactor cattle or bison may not be moved interstate in a means of conveyance containing any animals susceptible to tuberculosis unless all of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 262 9 CFR Ch. I (1–1–18 Edition) § 77.18 the animals are being moved directly to slaughter; and (4) Any person who moves reactor cattle or bison interstate under this paragraph must plainly write or stamp upon the face of the VS Form 1–27 the words ‘‘Tuberculin Reactor’’ and the following statement: ‘‘This conveyance must be cleaned and disinfected in ac cordance with 9 CFR 77.17(a)(5).’’; and (5) Each means of conveyance in which reactor cattle or bison have been transported interstate under this para graph must be cleaned and disinfected by the carrier, in accordance with the provisions of §§ 71.6, 71.7, and 71.10 of this subchapter, under the supervision of an APHIS representative or State representative or an accredited veteri narian or other person designated by the Administrator. If, at the point where the cattle or bison are unloaded, such supervision or proper cleaning and disinfecting facilities are not available, and permission is obtained from an APHIS representative or State rep resentative, the empty means of con veyance may be moved to a location where such supervision and facilities are available for cleaning and dis infecting. Permission will be granted if such movement does not present a risk of disseminating tuberculosis. (b) Exposed cattle and bison. Except for the movement of exposed cattle to a quarantined feedlot in accordance with § 50.16 of this chapter, exposed cat tle or bison may be moved interstate only if they are moved directly to slaughter to a recognized slaughtering establishment and only in accordance with the following conditions: (1) Exposed cattle and bison must be individually identified by attaching to either ear an approved metal eartag bearing a serial number and must be: (i) Branded with the letter ‘‘S,’’ at least 5 by 5 centimeters (2 by 2 inches) in size, high on the left hip near the tailhead; or (ii) Accompanied directly to slaugh ter by an APHIS or State representa tive; or (iii) Moved directly to slaughter in vehicles closed with official seals. Such official seals must be applied and re moved by an APHIS representative, State representative, accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. (2) The exposed cattle and bison must be moved in accordance with para graphs (a)(2), (a)(3), and (a)(5) of this section. (c) Suspect cattle and bison. Suspect cattle or bison from herds in which no reactor cattle or bison have been dis closed on an official tuberculin test, as well as negative cattle or bison from such herds, may be moved interstate only if they are moved directly to slaughter to a recognized slaughtering establishment in accordance with 9 CFR part 86. (Approved by the Office of Management and Budget under control number 0579–0051) [65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2066, Jan. 9, 2013] § 77.18 Other movements. The Administrator may, with the concurrence of the State animal health official of the State of destination, upon request in specific cases, allow the interstate movement of cattle or bison not otherwise provided for in this part that have not been classified as re actor cattle or bison and are not other wise known to be affected with tuber culosis, under such conditions as the Administrator may prescribe in each specific case to prevent the spread of tuberculosis. The Administrator shall promptly notify the appropriate State animal health official of the State of destination of any such action. § 77.19 Cleaning and disinfection of premises, conveyances, and mate rials. All conveyances and associated equipment, premises, and structures that are used for receiving, holding, shipping, loading, unloading, and deliv ering cattle or bison in connection with their interstate movement and that are determined by cooperating State and Federal animal health offi cials to be contaminated because of oc cupation or use by tuberculous or reac tor livestock must be cleaned and dis infected under the supervision of the cooperating State or Federal animal health officials. Such cleaning and dis infecting must be done in accordance with procedures approved by the co operating State or Federal animal VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 263 Animal and Plant Health Inspection Service, USDA § 77.20 health officials. Cleaning and disinfec tion must be completed before the premises, conveyances, or materials may again be used to convey, hold, or in any way come in contact with any livestock. Subpart C—Captive Cervids § 77.20 Definitions. As used in subpart C, the following terms shall have the meanings set forth in this section except as other wise specified. Accreditation preparatory State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ and in which tuberculosis is prevalent in less than 0.5 percent of the total number of herds of captive cervids in the State or zone. Accredited herd. A herd of captive cervids that has tested negative to at least two consecutive official tuber culosis tests of all eligible captive cervids in accordance with § 77.33(f) and that meets the standards set forth in § 77.35. The tests must be conducted at 9–15 month intervals. Accredited-free State or zone. A State or zone that is or is part of a State that has the authority to enforce and com plies with the provisions of the ‘‘Uni form Methods and Rules—Bovine Tu berculosis Eradication,’’ has zero per cent prevalence of affected captive cervid herds, and has had no findings of tuberculosis in any captive cervid herds in the State or zone for the pre vious 5 years. Except that: The require ment of freedom from tuberculosis in herds is 2 years from the depopulation of the last affected herd in States or zones that were previously accredited free and in which all herds affected with tuberculosis were depopulated, 3 years in all other States or zones that have depopulated all affected herds, and 3 years in States or zones that have conducted surveillance that dem onstrates that other livestock herds and wildlife are not at risk of being in fected with tuberculosis, as determined by the Administrator based on a risk assessment conducted by APHIS. Captive cervid. All species of deer, elk, moose, and all other members of the family Cervidae raised or maintained in captivity for the production of meat and other agricultural products, for sport, or for exhibition, including time such animals are moved interstate; or any wild cervid that is moved inter state, during the period of time from capture until release into the wild. A captive cervid that escapes will con tinue to be considered a captive cervid as long as it bears an official eartag or other identification approved by the Administrator as unique and traceable with which to trace the animal back to its herd of origin. Comparative cervical tuberculin (CCT) test. The intradermal injection of bio logically balanced USDA bovine PPD tuberculin and avian PPD tuberculin at separate sites in the mid-cervical area to determine the probable pres ence of bovine tuberculosis (M. bovis) by comparing the response of the two tuberculins at 72 hours (plus or minus 6 hours) following injection. Designated accredited veterinarian. An accredited veterinarian who is trained and approved by cooperating State and Federal animal health officials to con duct the single cervical tuberculin (SCT) test or draw blood for the DPP® test on captive cervids. Dual Path Platform (DPP®) test. A se rological assay to determine the pres ence of antibodies to bovine tuber culosis (M. bovis) in elk, red deer, white-tailed deer, fallow deer, and rein deer, in which a blood sample taken from a captive cervid and a buffer solu tion are placed on a strip. The diluted sample then migrates to another strip, which contains an antibody-detecting reagent. This latter strip indicates if antibodies are present in the sample. Exposed captive cervid. Any captive cervid that has been exposed to tuber culosis by reason of associating with captive cervids, cattle, bison, or other livestock from which M. bovis has been isolated. Modified accredited State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ and in which tuberculosis has been prevalent VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 264 9 CFR Ch. I (1–1–18 Edition) § 77.20 in less than 0.1 percent of the total number of herds of captive cervids in the State or zone for the most recent year. Except that: The Administrator, upon his or her review, may allow a State or zone with fewer than 10,000 herds to have up to 10 affected herds for the most recent year, depending on the veterinary infrastructure, live stock demographics, and tuberculosis control and eradication measures in the State or zone. Modified accredited advanced State or zone. A State or zone that is or is part of a State that has the authority to en force and complies with the provisions of the ‘‘Uniform Methods and Rules— Bovine Tuberculosis Eradication’’ and in which tuberculosis has been preva lent in less than 0.01 percent of the total number of herds of captive cervids in the State or zone for the most recent 2 years. Except that: The Administrator, upon his or her review, may allow a State or zone with fewer than 30,000 herds to have up to 3 af fected herds for each of the most recent 2 years, depending on the veterinary infrastructure, livestock demo graphics, and tuberculosis control and eradication measures in the State or zone. Monitored herd. A herd on which iden tification records are maintained on captive cervids inspected for tuber culosis at an approved slaughtering es tablishment or an approved diagnostic laboratory and on captive cervids test ed for tuberculosis in accordance with interstate movement requirements, and which meets the standards set forth in § 77.37. Negative. Showing no response to an official tuberculosis test or classified negative for tuberculosis by the testing veterinarian based upon history, sup plemental tests, examination of the carcass, and histopathology and cul ture of selected tissues. No gross lesions (NGL). Having no visi ble lesions indicative of bovine tuber culosis detected upon necropsy or slaughter inspection. Nonaccredited State or zone. A State or zone that is or is part of a State or zone that does not meet the standards of the ‘‘Uniform Methods and Rules— Bovine Tuberculosis Eradication’’ or in which tuberculosis is prevalent in 0.5 percent or more of the total number of herds of captive cervids in the State or zone. Official tuberculosis test. Any of the following tests for bovine tuberculosis in captive cervids, applied and reported in accordance with this part: (1) The single cervical tuberculin (SCT) test. (2) The comparative cervical tuber culin test (CCT) test. (3) The Dual Path Platform (DPP®) test. Permit. An official document issued by a representative of APHIS, a State representative, or an accredited veteri narian that must accompany any reac tor, suspect, or exposed captive cervid moved interstate. Purified protein derivative (PPD). Pro tein extract from an M. bovis culture that is resuspended in solution at a standard concentration of 1 mg protein per 1 mL of solution. Qualified herd. A herd of captive cervids that has tested negative to at least one official tuberculosis test of all eligible captive cervids (see § 77.33(f)) within the past 12 months and that is not classified as an accredited herd. Quarantine. Prohibition from inter state movement, except for slaughter or necropsy. Reactor. Any captive cervid that shows a response to an official tuber culosis test and is classified a reactor by the testing veterinarian; or any sus pect captive cervid that is classified a reactor upon slaughter inspection or necropsy after histopathology and/or culture of selected tissues by the USDA or State veterinarian performing or su pervising the slaughter inspection or necropsy. Regular-kill slaughter animal. An ani mal that is slaughtered for food or any reason other than because of a disease regulated under 9 CFR chapter I (such as tuberculosis, brucellosis, or any other livestock disease for which move ment of animals is restricted under 9 CFR chapter I). Single cervical tuberculin (SCT) test. The intradermal injection of 0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the mid-cervical VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 265 Animal and Plant Health Inspection Service, USDA § 77.22 area with a reading by visual observa tion and palpation at 72 hours (plus or minus 6 hours) following injection. Suspect. Any captive cervid that is not negative to an official tuberculosis test and that is not classified as a reac tor by the testing veterinarian. Tuberculin. A product that is ap proved by and produced under USDA li cense for injection into cervids and other animals for the purpose of de tecting bovine tuberculosis. Tuberculous. Having lesions indic ative of tuberculosis, infected with tu berculosis based on isolation of M. bovis, or being from a herd in which M. bovis has been isolated. USDA. The United States Depart ment of Agriculture. Whole herd test. An official tuber culosis test of all captive cervids in a herd that are 12 months of age or older, and of all captive cervids in the herd that are less than 12 months of age and were not born into the herd, except those captive cervids that are less than 12 months of age and were born in and originated from an accredited herd. Zero percent prevalence. No finding of tuberculosis in any herd of captive cervids in a State or zone. [65 FR 63517, Oct. 23, 2000, as amended at 70 FR 61026, Oct. 20, 2005; 71 FR 24805, Apr. 27, 2006; 78 FR 1721, Jan. 9, 2013; 79 FR 43926, July 29, 2014] § 77.21 Applicability of this subpart. All references in this subpart to the tuberculosis status of States and zones pertain to such status for captive cervids. § 77.22 Accredited-free States or zones. (a) The following are accredited-free States: None. (b) The following are accredited-free zones: None. (c) If an affected herd is detected in a State or zone classified as accredited free, and the herd is depopulated and a complete epidemiologic investigation is completed within 120 days of the de tection of the affected herd with no evidence of the spread of tuberculosis, the State or zone may retain its ac credited-free status. If two or more af fected herds are detected in an accred ited-free State or zone within a 48 month period, the State or zone will be removed from the list of accredited free States or zones and will be reclas sified as modified accredited advanced. (d) If any livestock other than cap tive cervids are included in a newly as sembled herd on a premises where a tu berculous herd has been depopulated, the State or zone must apply the herd test requirements contained in the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ (January 22, 1999 edition), which is incorporated by reference at § 77.1, to those other live stock in the same manner as to captive cervids. Failure to do so will result in reclassification of the State or zone as modified accredited advanced. (e) If tuberculosis is diagnosed within an accredited-free State or zone in an animal not specifically regulated by this part and a risk assessment con ducted by APHIS determines that the outbreak poses a tuberculosis risk to livestock within the State or zone, the State or zone must implement a tuber culosis management plan, approved jointly by the State animal health offi cial and the Administrator, within 6 months of the diagnosis. The manage ment plan must include provisions for immediate investigation of tuber culosis in animals held for exhibition and in livestock and wildlife; the pre vention of the spread of the disease to other animals held for exhibition and to livestock and wildlife; increased sur veillance for tuberculosis in animals held for exhibition and wildlife; eradi cation of tuberculosis from individual herds; a timeline for tuberculosis eradication; and performance standards by which to measure yearly progress toward eradication. If a State or zone does not implement such a plan within the required 6 months, the State or zone will lose its accredited-free status and will be reclassified as modified ac credited advanced. (f) Accredited-free State or zone sta tus must be renewed annually. To qual ify for renewal of accredited-free State or zone status, a State must submit an annual report to APHIS certifying that the State or zone within the State complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication.’’ The report VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 266 9 CFR Ch. I (1–1–18 Edition) § 77.23 must be submitted to APHIS each year between October 1 and November 30. (Approved by the Office of Management and Budget under control number 0579–0146) § 77.23 Interstate movement from ac credited-free States and zones. Notwithstanding any other provi sions of this part, captive cervids that originate in an accredited-free State or zone may be moved interstate in ac cordance with 9 CFR part 86 and with out further restriction under this part. [78 FR 2066, Jan. 9, 2013] § 77.24 Modified accredited advanced States or zones. (a) The following are modified ac credited advanced States: None. (b) The following are modified ac credited advanced zones: None. (c) If any livestock other than cap tive cervids are included in a newly as sembled herd on a premises where a tu berculous herd has been depopulated, the State or zone must apply the herd test requirements contained in the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ (January 22, 1999 edition), which is incorporated by reference at § 77.1, for such newly as sembled herds to those other livestock in the same manner as to captive cervids. Failure to do so will result in the removal of the State or zone from the list of modified accredited ad vanced States or zones and its being re classified as modified accredited. (d) If tuberculosis is diagnosed within a modified accredited advanced State or zone in an animal not specifically regulated by this part and a risk as sessment conducted by APHIS deter mines that the outbreak poses a tuber culosis risk to livestock within the State or zone, the State or zone must implement a tuberculosis management plan, approved jointly by the State ani mal health official and the Adminis trator, within 6 months of the diag nosis. The management plan must in clude provisions for immediate inves tigation of tuberculosis in animals held for exhibition and in livestock and wildlife; the prevention of the spread of the disease to other animals held for exhibition and to livestock and wild life; increased surveillance for tuber culosis in animals held for exhibition and wildlife; eradication of tuber culosis from individual herds; a timeline for tuberculosis eradication; and performance standards by which to measure yearly progress toward eradi cation. If a State or zone does not im plement such a plan within the re quired 6 months, the State or zone will be reclassified as modified accredited. (e) Modified accredited advanced State or zone status must be renewed annually. To qualify for renewal of a modified accredited advanced State or zone status, a State must submit an annual report to APHIS certifying that the State or zone complies with all the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradi cation’’ regarding modified accredited advanced States. The report must be submitted to APHIS each year between October 1 and November 30. (f) To qualify for accredited-free sta tus, a modified accredited advanced State or zone must demonstrate to the Administrator that it complies with the provisions of the ‘‘Uniform Meth ods and Rules—Bovine Tuberculosis Eradication,’’ has zero percent preva lence of affected captive cervid herds, and has had no findings of tuberculosis in any captive cervids in the State or zone for the previous 5 years. Except that: The requirement of freedom from tuberculosis is 2 years from the de population of the last affected herd in States or zones that were previously accredited-free and in which all herds affected with tuberculosis were depopu lated, 3 years in all other States or zones that have depopulated all af fected herds, and 3 years in States or zones that have conducted surveillance that demonstrates that other livestock herds and wildlife are not at risk of being infected with tuberculosis, as de termined by the Administrator based on a risk assessment conducted by APHIS. (Approved by the Office of Management and Budget under control number 0579–0146) § 77.25 Interstate movement from modified accredited advanced States and zones. Captive cervids that originate in a modified accredited advanced State or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 267 Animal and Plant Health Inspection Service, USDA § 77.26 1 Send the information to National Animal Health Programs, Veterinary Services, APHIS, 4700 River Road, Unit 42, Riverdale, Maryland 20737–1231. zone, and that are not known to be in fected with or exposed to tuberculosis, may be moved interstate only in ac cordance with 9 CFR part 86 and, if moved anywhere other than directly to slaughter at a recognized slaughtering establishment, under one of the fol lowing additional conditions: (a) The captive cervids are from an accredited herd, qualified herd, or mon itored herd; are officially identified; and are accompanied by an ICVI stat ing that the herd completed the re quirements for accredited herd, quali fied herd, or monitored herd status within 24 months prior to the date of movement. (b) The captive cervids are officially identified and are accompanied by an ICVI stating that they were negative to an official tuberculin test conducted within 90 days prior to the date of movement. (Approved by the Office of Management and Budget under control number 0579–0146) [78 FR 2066, Jan. 9, 2013] § 77.26 Modified accredited States or zones. (a) States listed in paragraph (b) of this section must submit to APHIS 1 by October 23, 2001 data demonstrating that the State complies with the UMR or the State will be redesignated as nonaccredited. If a State does submit surveillance data by October 23, 2001 that meets the UMR standards, and that APHIS believes qualifies the State for a classification other than modified accredited, APHIS will initiate rule making to change the State’s classi fication. (b) The following are modified ac credited States: Alabama, Alaska, Ari zona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Geor gia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Mis souri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mex ico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Is land, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, the Virgin Islands of the United States, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. (c) The following are modified ac credited zones: None. (d) If any livestock other than cap tive cervids are included in a newly as sembled herd on a premises where a tu berculous herd has been depopulated, the State or zone must apply the herd test requirements contained in the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ (January 22, 1999, edition), which is incorporated by reference at § 77.1, for such newly as sembled herds to those other livestock in the same manner as to captive cervids. Failure to do so will result in the removal of the State or zone from the list of modified accredited States or zones and its being reclassified as accreditation preparatory. (e) If tuberculosis is diagnosed within a modified accredited State or zone in an animal not specifically regulated by this part and a risk assessment con ducted by APHIS determines that the outbreak poses a tuberculosis risk to livestock within the State or zone, the State or zone must implement a tuber culosis management plan, approved jointly by the State animal health offi cial and the Administrator, within 6 months of the diagnosis. The manage ment plan must include provisions for immediate investigation of tuber culosis in animals held for exhibition and in livestock and wildlife; the pre vention of the spread of the disease to other animals held for exhibition and to livestock and wildlife; increased sur veillance for tuberculosis in animals held for exhibition and wildlife; eradi cation of tuberculosis from individual herds; a timeline for tuberculosis eradication; and performance standards by which to measure yearly progress toward eradication. If a State or zone does not implement such a plan within the required 6 months, the State or zone will be reclassified as accredita tion preparatory. (f) Modified accredited State or zone status must be renewed annually. To qualify for renewal of a modified ac credited State or zone status, a State VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 268 9 CFR Ch. I (1–1–18 Edition) § 77.27 must submit an annual report to APHIS certifying that the State or zone complies with the provisions of the ‘‘Uniform Methods and Rules—Bo vine Tuberculosis Eradication.’’ The report must be submitted to APHIS each year between October 1 and No vember 30. (g) To qualify for modified accredited advanced status, a modified accredited State or zone must demonstrate to the Administrator that it complies with the provisions of the ‘‘Uniform Meth ods and Rules—Bovine Tuberculosis Eradication’’ and that tuberculosis has been prevalent in less than 0.01 percent of the total number of captive cervids in the State or zone for the most re cent 2 years. Except that: The Adminis trator, upon his or her review, may allow a State or zone with fewer than 30,000 herds to have up to 3 affected herds for each of the most recent 2 years, depending on the veterinary in frastructure, livestock demographics, and tuberculosis control and eradi cation measures in the State or zone. (Approved by the Office of Management and Budget under control number 0579–0146) § 77.27 Interstate movement from modified accredited States and zones. Except for captive cervids from a qualified herd or monitored herd, as provided in §§ 77.36 and 77.37, respec tively, captive cervids that originate in a modified accredited State or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only in accordance with 9 CFR part 86 and, if moved any where other than directly to slaughter at a recognized slaughtering establish ment, under one of the following addi tional conditions: (a) The captive cervids are from an accredited herd, are officially identi fied, and are accompanied by an ICVI stating that the accredited herd com pleted the testing necessary for accred ited status with negative results with in 24 months prior to the date of move ment. (b) The captive cervids are sexually intact animals; are not from an accred ited herd; are officially identified; and are accompanied by an ICVI stating that the herd from which they origi nated was negative to a whole herd test conducted within 1 year prior to the date of movement and that the indi vidual animals to be moved were nega tive to an additional official tuberculin test conducted within 90 days prior to the date of movement; Except that: The additional test is not required if the animals are moved interstate within 6 months following the whole herd test. (Approved by the Office of Management and Budget under control number 0579–0146) [78 FR 2066, Jan. 9, 2013] § 77.28 Accreditation preparatory States or zones. (a) The following are accreditation preparatory States: None. (b) The following are accreditation preparatory zones: None. (c) If any livestock other than cap tive cervids are included in a newly as sembled herd on a premises where a tu berculous herd has been depopulated, the State or zone must apply the herd test requirements contained in the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ (January 22, 1999, edition), which is incorporated by reference at § 77.1, for such newly as sembled herds to those other livestock in the same manner as to captive cervids. Failure to do so will result in the removal of the State or zone from the list of accreditation preparatory States or zones and its being reclassi fied as nonaccredited. (d) If tuberculosis is diagnosed within an accreditation preparatory State or zone in an animal not specifically regu lated by this part and a risk assess ment conducted by APHIS determines that the outbreak poses a tuberculosis risk to livestock within the State or zone, the State or zone must imple ment a tuberculosis management plan, approved jointly by the State animal health official and the Administrator, within 6 months of the diagnosis. The management plan must include provi sions for immediate investigation of tuberculosis in animals held for exhi bition and in livestock and wildlife; the prevention of the spread of the disease to other animals held for exhibition and to livestock and wildlife; increased surveillance for tuberculosis in ani mals held for exhibition and wildlife; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 269 Animal and Plant Health Inspection Service, USDA § 77.31 eradication of tuberculosis from indi vidual herds; a timeline for tuber culosis eradication; and performance standards by which to measure yearly progress toward eradication. If a State or zone does not implement such a plan within the required 6 months, the State or zone will be reclassified as nonaccredited. (e) Accreditation preparatory State or zone status must be renewed annu ally. To qualify for renewal of accredi tation preparatory State or zone sta tus, a State must submit an annual re port to APHIS certifying that the State or zone complies with the provi sions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradi cation.’’ The report must be submitted to APHIS each year between October 1 and November 30. (f) To qualify for modified accredited status, an accreditation preparatory State or zone must demonstrate to the Administrator that it complies with the provisions of the ‘‘Uniform Meth ods and Rules—Bovine Tuberculosis Eradication’’ and that tuberculosis has been prevalent in less than 0.1 percent of the total number of herds of captive cervids in the State or zone for the most recent year. Except that: The Ad ministrator, upon his or her review, may allow a State or zone with fewer than 10,000 herds to have up to 10 af fected herds for the most recent year, depending on the veterinary infrastruc ture, livestock demographics, and tu berculosis control and eradication measures in the State or zone. (Approved by the Office of Management and Budget under control number 0579–0146) § 77.29 Interstate movement from ac creditation preparatory States and zones. Except for captive cervids from a qualified herd or monitored herd, as provided in §§ 77.36 and 77.37, respec tively, captive cervids that originate in an accreditation preparatory State or zone, and that are not known to be in fected with or exposed to tuberculosis, may be moved interstate only in ac cordance with 9 CFR part 86 and, if moved anywhere other than directly to slaughter at a recognized slaughtering establishment, under one of the fol lowing additional conditions: (a) The captive cervids are from an accredited herd; are officially identi fied; and are accompanied by an ICVI stating that the accredited herd com pleted the testing necessary for accred ited status with negative results with in 24 months prior to the date of move ment and that the individual animals to be moved were negative to an offi cial tuberculin test conducted within 90 days prior to the date of movement. (b) The captive cervids are sexually intact animals; are not from an accred ited herd; are officially identified; and are accompanied by an ICVI stating that the herd from which they origi nated was negative to a whole herd test conducted within 1 year prior to the date of movement and that the indi vidual animals to be moved were nega tive to two additional official tuber culin tests conducted at least 90 days apart and no more than 6 months apart, with the second test conducted within 90 days prior to the date of movement; Except that: The second ad ditional test is not required if the ani mals are moved interstate within 6 months following the whole herd test. (Approved by the Office of Management and Budget under control number 0579–0146) [78 FR 2067, Jan. 9, 2013] § 77.30 Nonaccredited States or zones. (a) The following are nonaccredited States: None. (b) The following are nonaccredited zones: None. (c) To qualify for accreditation pre paratory status, a nonaccredited State or zone must demonstrate to the Ad ministrator that it complies with the provisions of the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradi cation’’ and that tuberculosis is preva lent in less than 0.5 percent of the total number of herds of captive cervids in the State or zone. § 77.31 Interstate movement from non accredited States and zones. Captive cervids that originate in a nonaccredited State or zone and that are not known to be infected with or exposed to tuberculosis may not be moved interstate only if they are ac companied by VS Form 1–27 and are moved interstate in an officially sealed VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 270 9 CFR Ch. I (1–1–18 Edition) § 77.32 means of conveyance directly to slaughter at a recognized slaughtering establishment. [65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2067, Jan. 9, 2013] § 77.32 General restrictions. (a) Except for movement from ac credited-free States and zones in ac cordance with § 77.23, movement from accredited herds in accordance with § 77.35, and movement to slaughter in accordance with 9 CFR part 86, no cap tive cervid may be moved interstate unless it has been tested using an offi cial tuberculosis test, and it is moved in compliance with this part. (b) No captive cervid with a response to any official tuberculosis test is eli gible for interstate movement unless the captive cervid subsequently tests negative to a supplemental official tu berculosis test or is moved interstate directly to slaughter or necropsy in ac cordance with § 7.40. (c) Except for captive cervids moving interstate under permit directly to slaughter or necropsy under § 77.40, each captive cervid or shipment of cap tive cervids to be moved interstate must be officially identified and ac companied by an ICVI issued within 30 days of the movement by a State or Federal animal health official or an ac credited veterinarian. (d) Captive cervids in zoological parks that have been accredited by the American Zoo and Aquarium Associa tion (AZA) are exempt from the regula tions in this part when the captive cervids are moved directly interstate between AZA member facilities. Any captive cervids moved interstate that are not moved directly from an AZA member facility to another AZA mem ber facility must be moved in accord ance with the regulations in this sub part. [65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2067, Jan. 9, 2013] § 77.33 Testing procedures for tuber culosis in captive cervids. (a) Approved testers. Except as ex plained in paragraphs (a)(1) or (a)(2) of this section, official tuberculosis tests may only be given by a veterinarian employed by the State in which the test is administered or by a veteri narian employed by USDA. (1) A designated accredited veteri narian may conduct the SCT test, ex cept as provided in § 77.34(a)(1)(ii) and § 77.39(e) and (f). (2) A designated accredited veteri narian may draw blood for the DPP® test. (b) Approved diagnostic laboratories. (1) With one exception, histopathology and culture results for all tuberculosis diagnoses will be accepted only from the National Veterinary Services Lab oratories (NVSL) in Ames, IA. The ex ception is that results will be accepted from a laboratory of the Food Safety and Inspection Service, USDA, for tis sue examination of regular-kill slaugh ter animals in those cases where no submission is made to NVSL. (2) [Reserved] (c) Identification. Any captive cervid tested with an official tuberculosis test must bear official identification in the form of an official eartag, or another identification device or method ap proved by the Administrator as unique and traceable, at the time of the offi cial tuberculosis test. Use of any iden tification device or method other than an official eartag must first be ap proved by the Administrator as unique and traceable. Written requests for ap proval must be sent to National Ani mal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737–1231. (d) Reporting of tests—(1) SCT and CCT tests. For the SCT and CCT tests, the testing veterinarian must submit a re port to cooperating State and Federal animal health officials of the State in which the captive cervid is tested. The report must include the following in formation for all SCT and CCT tests administered: The number of the indi vidual eartag or other identification approved by the Administrator; the age, sex, and breed of each captive cervid tested; a record of all responses; the size of each response for the CCT test; and the test interpretation. (2) DPP® test. The veterinarian who draws blood from the captive cervid must submit a form specified by APHIS for such requests to NVSL to perform the DPP® test on the blood sample. The form is available at the following VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 271 Animal and Plant Health Inspection Service, USDA § 77.34 Web site: http://www.aphis.usda.gov/ wps/portal/footer/resources/forms; click on the ‘‘VS forms’’ link on that Web page. The veterinarian must also fill out the relevant portions of a test record. This form may be obtained by contacting the local district VS office, informa tion regarding which is available at: http://www.aphis.usda.gov/wps/portal/ aphis/ourfocus/animalhealth? 1dmy&urile = wcm%3apath%3a %2Faphislcontentllibrary%2Fsal ourlfocus %2Fsal animallhealth %2Fsalcontactl us%2Fsalmap%2Fctl statelcontactslmap. This record must be sent to the offices of the State and Federal animal health officials in the State. (e) Test interpretation. (1) Interpreta tion of an SCT test will be based upon the judgment of the testing veteri narian after observation and palpation of the injection site, in accordance with the classification requirements described in § 77.34(a). (2) Interpretation of a CCT test will be in accordance with the classifica tion requirements described in § 77.34(b). (3) Interpretation of DPP® test re sults will be in accordance with the classification requirements described in § 77.34. (f) Captive cervids eligible for testing. Except as provided in § 77.35(a)(1) and § 77.36(a)(1), testing of herds for indi vidual herd classification must include all captive cervids 1 year of age or over and any captive cervids other than nat ural additions (captive cervids born into the herd) under 1 year of age. (Approved by the Office of Management and Budget under control number 0579–0412) [65 FR 63517, Oct. 23, 2000, as amended at 71 FR 24806, Apr. 27, 2006; 78 FR 1722, Jan. 9, 2013; 79 FR 43926, July 29, 2014] § 77.34 Official tuberculosis tests. (a) Primary tests. (1) Single cervical tu berculin (SCT) test. (i) The SCT test is a primary test that may be used in indi vidual captive cervids and in herds of unknown tuberculous status. Each cap tive cervid that responds to the SCT test must be classified as a suspect until it is retested with the CCT test and is either found negative for tuber culosis or is classified as a reactor, un less, with exception of a designated ac credited veterinarian, the testing vet erinarian determines that the captive cervid should be classified as a reactor based on its response to the SCT test. A designated accredited veterinarian must classify a responding captive cervid as a suspect, unless APHIS de termines, based on epidemiological evi dence, that the captive cervid should be classified as a reactor. A captive cervid that responds to the SCT test must not be retested using the DPP® test. (ii) The SCT test is a primary test that may be used in affected herds and in herds that have received captive cervids from an affected herd. When used with affected herds or in herds that have received a captive cervid from an affected herd, the SCT test may only be administered by a veteri narian employed by the State in which the test is administered or employed by USDA. In affected herds or herds that have received captive cervids from an affected herd, each captive cervid that responds to the SCT test must be classified as a reactor, unless APHIS determines, based on epidemiological evidence, that the cervid should be classified as a suspect because of pos sible exposure to a tuberculous animal. (2) DPP® test. (i) The DPP® test is a primary test that may be used in indi vidual captive elk, red deer, white tailed deer, fallow deer, and reindeer, and in herds of these species that are of unknown tuberculous status. Except as specified in paragraph (a)(2)(ii) of this section, each captive cervid that has non-negative test results to this initial DPP® test will be classified as a sus pect and retested with the DPP® test. A captive cervid that has non-negative test results to the DPP® test must not be retested using the SCT or CCT test. (ii) The DPP® test is a primary test that may be used in affected herds of captive elk, red deer, white-tailed deer, fallow deer, and reindeer, and in herds of these species that have received cap tive cervids from an affected herd. In such herds, each captive cervid that has non-negative test results to the DPP® test will be classified as a reac tor, unless APHIS determines that the captive cervid should be classified as a suspect because of possible exposure to a tuberculous animal. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 272 9 CFR Ch. I (1–1–18 Edition) § 77.35 (b) Supplemental tests. (1) Comparative cervical tuberculin (CCT) test. (i) The CCT test is a supplemental test that may only be used in order to retest captive cervids that have been classified as suspects after being tested with the SCT test. The CCT test may be used in affected herds only after the herd has tested negative to at least two whole herd SCT tests and only with the prior written consent of APHIS. The CCT test may not be used as a primary test. (ii) A captive cervid tested with the CCT test must be classified as negative if it has a response to the bovine PPD tuberculin that is less than 1 mm. (iii) Unless the testing veterinarian determines that the captive cervid should be classified as a reactor be cause of possible exposure to a tuber culous animal, a captive cervid tested with the CCT test must be classified as a suspect if: (A) It has a response to the bovine PPD tuberculin that is greater than 2 mm and that is equal to the response to the avian PPD tuberculin; or (B) It has a response to the bovine PPD tuberculin that is equal to or greater than 1 mm and equal to or less than 2 mm and that is equal to or greater than the response to the avian PPD tuberculin. (iv) A captive cervid tested with the CCT test must be classified as a reactor if: (A) It has a response to the bovine PPD tuberculin that is greater than 2 mm and that is at least 0.5 mm greater than the response to the avian PPD tu berculin; or (B) It has been classified as a suspect on two successive CCT tests. (C) Any exceptions to the reactor classification under the conditions in paragraph (b)(1)(iv) of this section must be justified by the testing veteri narian in writing and have the concur rence of APHIS. (2) DPP® test. The DPP® test may be used as a supplemental test in order to retest captive cervids that have been classified as suspects based on an ini tial DPP® test. In such instances, the supplemental DPP® test must evaluate a new serum sample drawn from the cervid no sooner than 30 days after the initial DPP® test. A captive cervid that has non-negative test results on two successive DPP® tests will be classified as a reactor, unless APHIS determines that another disease classification is warranted. [78 FR 1722, Jan. 9, 2013, as amended at 79 FR 43926, July 29, 2014] § 77.35 Interstate movement from ac credited herds. (a) Qualifications. To be recognized as an accredited herd: (1) All captive cervids in the herd eli gible for testing in accordance with § 77.33(f) must have tested negative to at least two consecutive official tuber culosis tests, conducted at 9–15 month intervals. However, captive cervids under 1 year of age that are not natural additions to the herd do not have to be tested if they were born in and origi nate from an accredited herd. (2) The owner of the herd must have a document issued by cooperating State or Federal animal health offi cials stating that the herd has met the requirements in paragraph (a)(1) of this section and is classified as an accred ited herd. (b) Movement allowed. Except as pro vided in § 77.23 with regard to captive cervids that originate in an accredited free State or zone, and except as pro vided in § 77.31 with regard to captive cervids that originate in a nonaccred ited State or zone, a captive cervid from an accredited herd may be moved interstate without further tuberculosis testing only if it is officially identified and is accompanied by an ICVI, as pro vided in § 77.32(c), that includes a state ment that the captive cervid is from an accredited herd. If a group of captive cervids from an accredited herd is being moved interstate together to the same destination, all captive cervids in the group may be moved under one ICVI. (c) Herd additions allowed. No captive cervid may be added to an accredited herd except in accordance with para graphs (c)(4) and (c)(5), and either para graph (c)(1), (c)(2), or (c)(3) of this sec tion, as follows: (1) The captive cervid to be added must be moved directly from an ac credited herd; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00282 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 273 Animal and Plant Health Inspection Service, USDA § 77.36 (2) The captive cervid to be added must be moved directly from a quali fied or monitored herd and must have tested negative to an official tuber culosis test conducted within 90 days prior to movement to the premises of the accredited herd. Any captive cervid moved from a qualified or monitored herd must also be isolated from all members of the accredited herd until it tests negative to an official tuber culosis test conducted at least 90 days following the date of arrival at the premises of the accredited herd. If a group of captive cervids is being moved together, the entire group must be iso lated from all other livestock during the testing period, but captive cervids in the group need not be isolated from each other during that period. Such herd additions will not receive status as members of the accredited herd for purposes of interstate movement until they have tested negative to an official tuberculosis test and have been re leased from isolation; or (3) If the captive cervid to be added is not being moved directly from a classi fied herd, the captive cervid must be isolated from all other members of the herd of origin and must test negative to two official tuberculosis tests. The isolation must begin at the time of the first official tuberculosis test. The tests must be conducted at least 90 days apart, and the second test must be conducted within 90 days prior to movement to the premises of the ac credited herd. The captive cervid must also be isolated from all members of the accredited herd until it tests nega tive to an official tuberculosis test conducted at least 90 days following the date of arrival at the premises of the accredited herd. If a group of cap tive cervids is being moved together, the entire group must be isolated from all other animals during the testing pe riod, but captive cervids in the group need not be isolated from each other during that period. Such herd additions will not receive status as members of the accredited herd for purposes of interstate movement until they have tested negative to an official tuber culosis test and have been released from isolation. (4) A captive cervid to be added must not have been exposed during the 90 days prior to its movement to either: (i) A captive cervid from a herd with a lower classification status than its own; or (ii) Any tuberculous livestock. (d) Maintenance of accredited herd sta tus. To maintain status as an accred ited herd, the herd must test negative to an official tuberculosis test within 33–39 months from the anniversary date of the second consecutive test with no evidence of tuberculosis disclosed (that is, the test on which the herd was rec ognized as accredited or the accred iting test). Each time the herd is tested for reaccreditation, it must be tested 33–39 months from the anniversary date of the accrediting test, not from the last date of reaccreditation (for exam ple, if a herd is accredited on January 1 of a given year, the anniversary date will be January 1 of every third year). Accredited herd status is valid for 36 months (1,095 days) from the anniver sary date of the accrediting test. If the herd is tested between 36 and 39 months after the anniversary date, its accred ited herd status will be suspended for the interim between the anniversary date and the reaccreditation test. Dur ing the suspension period, the herd will be considered ‘‘unclassified’’ and cap tive cervids may be moved interstate from the herd only in accordance with the movement requirements for the State or zone in which the herd is lo cated. [65 FR 63517, Oct. 23, 2000, as amended at 71 FR 24806, Apr. 27, 2006; 78 FR 2067, Jan. 9, 2013] § 77.36 Interstate movement from qualified herds. (a) Qualifications. To be recognized as a qualified herd: (1) All captive cervids in the herd eli gible for testing in accordance with § 77.33(f) must have tested negative to one official tuberculosis test that was administered to the herd within a 7 month period. However, captive cervids under 1 year of age that are not natural additions do not have to be tested if they were born in and originate from an accredited, qualified, or monitored herd. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 274 9 CFR Ch. I (1–1–18 Edition) § 77.36 (2) The owner of the herd must have a document issued by cooperating State and Federal animal health offi cials stating that the herd has met the requirement in paragraph (a)(1) of this section and is classified as a qualified herd. (b) Movement allowed. Except as pro vided in § 77.23 with regard to captive cervids that originate in an accredited free State or zone, and except as pro vided in § 77.31 with regard to captive cervids that originate in a nonaccred ited State or zone, a captive cervid from a qualified herd may be moved interstate only if: (1) The captive cervid is not known to be infected with or exposed to tuber culosis; and (2) The captive cervid is officially identified and is accompanied by an ICVI, as provided in § 77.32(c), that in cludes a statement that the captive cervid is from a qualified herd. Except as provided in paragraphs (b)(3) and (b)(4) of this section, the ICVI must also state that the captive cervid has tested negative to an official tuber culosis test conducted within 90 days prior to the date of movement. If a group of captive cervids from a quali fied herd is being moved interstate to gether to the same destination, all cap tive cervids in the group may be moved under one ICVI. (3) Captive cervids under 1 year of age that are natural additions to the qualified herd or that were born in and originate from a classified herd may move without testing, provided that they are officially identified and that the ICVI accompanying them states that the captive cervids are natural ad ditions to the qualified herd or were born in and originated from a classified herd and have not been exposed to cap tive cervids from an unclassified herd. (4) Captive cervids being moved interstate for the purpose of exhibition only may be moved without testing, provided they are returned to the premises of origin no more than 90 days after leaving the premises, have no contact with other livestock during movement and exhibition, are offi cially identified, and are accompanied by an ICVI that includes a statement that the captive cervid is from a quali fied herd and will otherwise meet the requirements of this paragraph. (c) Herd additions allowed. No captive cervid may be added to a qualified herd except in accordance with paragraph (c)(4) and either paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows: (1) The captive cervid to be added must be moved directly from an ac credited herd; (2) The captive cervid to be added must be moved directly from a quali fied or monitored herd and must have tested negative to an official tuber culosis test conducted within 90 days prior to movement to the premises of the accredited herd; (3) If the captive cervid to be added is not being moved directly from a classi fied herd, the captive cervid must be isolated from all other animals in its herd of origin and must test negative to two official tuberculosis tests prior to movement. The isolation must begin at the time of the first official tuber culosis test. The tests must be con ducted at least 90 days apart, and the second test must be conducted within 90 days prior to movement to the prem ises of the qualified herd. The captive cervid must then be kept in isolation from all animals until it tests negative to an official tuberculosis test con ducted at least 90 days following the date of arrival at the premises of the qualified herd. If a group of captive cervids is being moved together, the entire group must be isolated from all other livestock during the testing pe riod, but captive cervids in the group need not be isolated from each other during that period. Such herd additions will not receive status as members of the qualified herd for purposes of inter state movement until they have tested negative to an official tuberculosis test and been released from isolation. (4) A captive cervid to be added must not have been exposed during the 90 days prior to its movement to either: (i) A captive cervid from a herd with a lower classification status than its own; or (ii) Any tuberculous livestock. (d) Maintenance of qualified herd sta tus. To maintain status as a qualified herd, the herd must test negative to an official tuberculosis test within 9–15 months from the anniversary date of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 275 Animal and Plant Health Inspection Service, USDA § 77.37 2 A chart showing the number of captive cervids that must be slaughter inspected or tested for interstate movement, depending on the size of a herd, to meet this require ment may be obtained from the National Animal Health Programs staff, Veterinary Services, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737–1231. the first test with no evidence of tuber culosis disclosed (this is the qualifying test). Each time the herd is retested for qualified status, it must be tested 9–15 months from the anniversary date of the qualifying test, not from the last date of requalification (for example, if a herd is qualified on January 1 of a given year, the anniversary date will be January 1 of each consecutive year). Qualified herd status remains in effect for 12 months (365 days) following the anniversary date of the qualifying test. Qualified herd status will be suspended between the anniversary date and the requalifying test, if the herd is not tested within 12 months. During the suspension period, the herd will be con sidered ‘‘unclassified’’ and captive cervids may be moved interstate from the herd only in accordance with the movement requirements for the State or zone in which the herd is located. [65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2067, Jan. 9, 2013] § 77.37 Interstate movement from mon itored herds. (a) Qualifications. To be recognized as a monitored herd: (1) Identification records must be maintained by the person, firm, or cor poration responsible for the manage ment of the herd for as long as status as a monitored herd is desired. Such records must be maintained on all cap tive cervids in the herd that are slaughtered, inspected, and found nega tive for tuberculosis at an approved slaughtering establishment or necropsied at an approved diagnostic laboratory. Identification records may also include captive cervids from the herd that tested negative for tuber culosis in accordance with require ments for interstate movement. No less than one-half of the captive cervids on which records are kept must be slaugh ter inspected; and (2) A sufficient number of captive cervids in the herd must be slaughter inspected or tested for interstate move ment to ensure that tuberculosis infec tion at a prevalence level of 2 percent or more will be detected with a con fidence level of 95 percent. 2 A max imum number of 178 captive cervids must be slaughter inspected or tested for interstate movement over a 3-year period to meet this requirement. (b) Movement allowed. Except as pro vided in § 77.23 with regard to captive cervids that originate in an accredited free State or zone, and except as pro vided in § 77.31 with regard to captive cervids that originate in a nonaccred ited State or zone, a captive cervid from a monitored herd may be moved interstate only if: (1) The captive cervid is not known to be infected with or exposed to tuber culosis; and (2) The captive cervid is officially identified and is accompanied by an ICVI, as provided in § 77.32(c), that in cludes a statement that the captive cervid is from a monitored herd. Ex cept as provided in paragraph (b)(3) of this section, the ICVI must also state that the captive cervid has tested nega tive to an official tuberculosis test conducted within 90 days prior to the date of movement. If a group of captive cervids from a monitored herd is being moved interstate together to the same destination, all captive cervids in the group may be moved under one ICVI. (3) Captive cervids under 1 year of age that are natural additions to the monitored herd or that were born in and originate from a classified herd may move without testing, provided that they are officially identified and that the ICVI accompanying them states that the captive cervids are nat ural additions to the monitored herd or were born in and originated from a classified herd and have not been ex posed to captive cervids from an un classified herd. (c) Herd additions allowed. No captive cervid may be added to a monitored herd except in accordance with para graph (c)(4) and either paragraph (c)(1), (c)(2), or (c)(3) of this section, as fol lows: (1) The captive cervid to be added must be moved directly from an ac credited herd; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 276 9 CFR Ch. I (1–1–18 Edition) § 77.38 (2) The captive cervid to be added must be moved directly from a quali fied or monitored herd and must have tested negative to an official tuber culosis test conducted within 90 days prior to movement to the premises of the monitored herd; or (3) If the captive cervid to be added is not being moved directly from a classi fied herd, the captive cervid must be isolated from all other animals and must test negative to two official tu berculosis tests. The isolation must begin at the time of the first official tuberculosis test. The tests must be conducted at least 90 days apart, and the second test must be conducted within 90 days prior to movement to the premises of the monitored herd. The captive cervid must then be kept in isolation from all animals until it tests negative to an official tuber culosis test conducted at least 90 days following the date it arrives at the premises of the monitored herd. If a group of captive cervids is being moved together, the entire group must be iso lated from all other animals during the testing period, but captive cervids in the group need not be isolated from each other during that period. Such herd additions will not receive status as members of the monitored herd for purposes of interstate movement until they have tested negative to an official tuberculosis test and been released from isolation. (4) A captive cervid to be added must not have been exposed during the 90 days prior to its movement to either: (i) A captive cervid from a herd with a lower classification status than its own; or (ii) Any tuberculous livestock. (d) Maintenance of monitored herd sta tus. The person, firm, or corporation responsible for the management of the herd must submit an annual report to cooperating State or Federal animal health officials prior to the anniver sary date of classification. This report must give the number of captive cervids currently in the herd; the num ber of captive cervids from the herd 1 year of age and older identified, slaughtered, and inspected at an ap proved slaughtering establishment or necropsied at an approved diagnostic laboratory during the preceding year; and the number of captive cervids that have tested negative for tuberculosis in accordance with interstate movement requirements. The number of slaughter inspections or negative testing captive cervids reported in any given year must be at least 25 percent of the total number required over a 3-year period to qualify a herd for monitored herd sta tus. During each consecutive 3-year pe riod, 100 percent of the qualifying total must be reported. [65 FR 63517, Oct. 23, 2000, as amended at 71 FR 24806, Apr. 27, 2006; 78 FR 2067, Jan. 9, 2013] § 77.38 Interstate movement from herds that are not accredited, quali fied, or monitored. The Administrator may, with the concurrence of the cooperating State animal health officials of the State of destination, and upon request in spe cific cases, permit the movement of captive cervids not otherwise provided for in this part which have not been classified as reactors and are not other wise known to be affected with tuber culosis, under such conditions as the Administrator may prescribe in each specific case to prevent the spread of tuberculosis. The Administrator shall promptly notify the appropriate co operating State animal health officials of the State of destination of any such action. § 77.39 Other interstate movements. (a) Herds containing a suspect—(1) The suspect. (i) A captive cervid classified as a suspect on the SCT test must be quarantined until it is slaughtered or retested by the CCT test and found negative for tuberculosis. Retesting must be as follows: (A) The first CCT test must be ad ministered within the first 10 days fol lowing the SCT test or, if not, must be administered at least 90 days after the SCT test. If the CCT test is adminis tered within 10 days of the SCT test, the injection must be on the side of the neck opposite the injection for the SCT test. (B) [Reserved] (ii) A captive cervid classified as a suspect on the first CCT test must be quarantined until the following has oc curred: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 277 Animal and Plant Health Inspection Service, USDA § 77.39 (A) A suspect on the first CCT test is tested with a second CCT test at least 90 days after the first CCT test and is found negative for tuberculosis. (B) [Reserved] (iii) A captive cervid classified as a suspect on an initial DPP® test must be slaughtered or otherwise must be quarantined until it is retested using the DPP® test. A captive cervid that has negative test results to this second DPP® test may be released from quar antine. A captive cervid that has non negative test results to this second DPP® test must be classified as a reac tor and may only be moved in accord ance with paragraph (b) of this section. (2) The remainder of the herd. Any herd containing a suspect to an official tuberculosis test must be quarantined until the suspect is retested by the CCT test, DPP® test, or the BTB test and found negative for tuberculosis, or the suspect is inspected at slaughter or necropsied and found negative for tu berculosis after histopathology and culture of selected tissues. If the sus pect is found negative for tuberculosis upon testing, or after slaughter inspec tion or necropsy and histopathology and culture of selected tissues, the herd may be released from quarantine and will return to the herd classifica tion status in effect before the herd was quarantined. If the suspect is clas sified as a reactor upon testing, or after slaughter inspection or necropsy and histopathology and/or culture of selected tissues, the herd may be re leased from quarantine only in accord ance with paragraph (b) of this section for herds containing a reactor. (b) Herds containing a reactor. The fol lowing requirements apply to herds containing a reactor, except for herds that have received captive cervids from an affected herd. Herds that have re ceived captive cervids from an affected herd must be quarantined and tested in accordance with paragraph (e) of this section. (1) The reactor. Captive cervids classi fied as reactors must be quarantined. (2) The remainder of the herd. Any herd containing reactors must be quar antined until the reactors are slaugh tered or necropsied in accordance with § 77.40 and: (i) If, upon slaughter inspection or necropsy, any reactors exhibit lesions compatible with or suggestive of tuber culosis, found by histopathology, with out the isolation of M. bovis, the re mainder of the herd may be released from quarantine in accordance with the provisions of paragraph (c) of this section. (ii) If M. bovis is isolated from any re actors, the remainder of the herd will be considered an affected herd, and will be subject to the provisions for affected herds in paragraph (d) of this section. (iii) If upon slaughter inspection or necropsy all reactors exhibit no gross lesions (NGL) of tuberculosis and no evidence of tuberculosis infection is found by histopathology and culture of M. bovis on specimens taken from the NGL animals, the remainder of the herd may be released from quarantine, and captive cervids from the herd may be moved interstate in accordance with the herd classification status in effect before the herd was quarantined if one of the following conditions is met: (A) The remainder of the herd is given a whole herd test and is found negative for tuberculosis. (B) The remainder of the herd is given a whole herd test, and all reac tors to the whole herd test exhibit no gross lesions (NGL) of tuberculosis upon slaughter inspection or necropsy and no evidence of tuberculosis infec tion is found by histopathology or cul ture of M. bovis on specimens taken from the NGL animals. (iv) If no evidence of tuberculosis is found in any reactor upon slaughter in spection or necropsy, but it is not pos sible to conduct a whole herd test on the remainder of the herd, the herd will be evaluated, based on criteria such as the testing history of the herd and the State history of tuberculosis infection, by APHIS to determine whether the herd may be released from quarantine. (c) Herds found to have only lesions of tuberculosis. A herd in which captive cervids with lesions compatible with or suggestive of tuberculosis are found by histopathology without the isolation of M. bovis may be released from quar antine and return to the herd classi fication status in effect before the herd was quarantined, with the concurrence of APHIS, if the herd tests negative to VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 278 9 CFR Ch. I (1–1–18 Edition) § 77.39 tuberculosis on a whole herd test con ducted 90 days following the removal of the lesioned captive cervid, provided the herd has not been exposed to M. bovis during the 90 days. To maintain its herd classification status, the herd must test negative to two annual whole herd tests beginning 10–12 months after the herd is released from quarantine. If any captive cervids in the herd respond to one of the tests, the herd will be subject to the provi sions of paragraph (a) or (b) of this sec tion. If the herd is not given the two annual whole herd tests, it will become an unclassified herd. (d) Affected herds. A herd determined to be an affected herd must be quar antined until the herd has tested nega tive to three whole herd tests in suc cession, with the first test given 90 days or more after the last test yield ing a reactor and the last two tests given at intervals of not less than 180 days. If the herd tests negative to the three whole herd tests, it will be re leased from quarantine, but will be considered an unclassified herd, and captive cervids may only be moved interstate from the herd in accordance with the movement requirements for the State or zone in which the herd is located. In addition, the herd must be given five consecutive annual whole herd tests after release from quar antine. (These five tests will count to ward qualifying the herd for herd clas sification.) As an alternative to test ing, the herd may be depopulated. (e) Herds that have received captive cervids from an affected herd. If a herd has received captive cervids from an af fected herd, the captive cervids from the affected herd of origin will be con sidered exposed to tuberculosis. The ex posed captive cervids and the receiving herd must be quarantined. The exposed captive cervids must be slaughtered, necropsied, or tested with the SCT test by a veterinarian employed by the State in which the test is administered or employed by USDA, or tested with the DPP® test. Any exposed captive cervid that responds to the SCT test must be classified as a reactor and must be inspected at slaughter or necropsied. Any exposed captive cervid that has non-negative test results to the DPP® test must be classified as a reactor and must be inspected at slaughter or necropsied. Any exposed captive cervid that tests negative to the SCT or DPP® test will be consid ered as part of the affected herd of ori gin for purposes of testing, quarantine, and the five annual whole herd tests re quired for affected herds in paragraph (d) of this section. (1) If bovine tuberculosis is confirmed in any of the exposed captive cervids by bacterial isolation of M. bovis, the receiving herd will be classified as an affected herd and will be subject to the provisions for affected herds in para graph (d) of this section. (2) If any of the exposed captive cervids are found to exhibit lesions compatible with or suggestive of tuber culosis, found by histopathology, with out the isolation of M. bovis, the receiv ing herd will be subject to appropriate testing as determined by APHIS. (3) If all the exposed captive cervids test negative for tuberculosis, the re ceiving herd will be released from quar antine if it is given a whole herd test and is found negative for tuberculosis and will return to the herd classifica tion in effect before the herd was quar antined. In addition, the receiving herd will must be retested with the SCT or DPP® test 1 year after release from quarantine in order for captive cervids from the herd to continue to be moved interstate. Supplemental diagnostic tests may be used if any captive cervids in the herd show a response to the SCT test or have non-negative test results to the DPP® test. (f) Source herds. A herd suspected of being the source of tuberculous captive cervids based on a slaughter traceback investigation must be quarantined upon notification (by the person con ducting the investigation) to the USDA area veterinarian in charge for the State in which the herd resides, and a herd test must be scheduled. If the herd is suspected of being the source of slaughter captive cervids having le sions of tuberculosis, the herd test must be done by a veterinarian em ployed by the State in which the test is administered or employed by USDA. (1) If the herd is identified as the source of captive cervids having lesions of tuberculosis and M. bovis has been confirmed by bacterial isolation from VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 279 Animal and Plant Health Inspection Service, USDA § 77.40 the slaughter animal, all captive cervids in the herd that respond to the SCT must be classified as reactors. All captive cervids in the herd that re spond to the DPP® test must be classi fied as reactors. If none respond to the SCT test or have non-negative test re sults to the DPP® test, the herd may be released from quarantine and will re turn to the herd classification status in effect before the herd was quarantined, unless APHIS determines that addi tional testing is appropriate to ensure the herd’s freedom from tuberculosis. (2) If the herd is identified as the source of captive cervids that exhibit lesions compatible with or suggestive of tuberculosis, found by histopathology, without the isolation of M. bovis, all captive cervids in the herd that respond to the SCT test or the DPP® test must be classified as suspects, and supplemental tests must be applied. (3) If the herd is not identified as the source herd, the herd will be released from quarantine if the herd is given a whole herd test and is found negative for tuberculosis. The herd will then re turn to the herd classification status in effect before the herd was quarantined. (g) Newly assembled herds. (1) A newly assembled herd will be classified as having the herd status of the herd from which the captive cervids originated. If the herd is assembled from captive cervids from more than one herd, it will be classified as having the herd status of the originating herd with the lowest status. A newly assembled herd will also assume the testing schedule of the herd status it is given. Captive cervids in the herd must have no expo sure to captive cervids from a herd of lesser status than the herd of origin de termining the status of the newly as sembled herd or to any tuberculous livestock. (2) A herd newly assembled on prem ises where a tuberculous herd has been depopulated must be given two con secutive annual whole herd tests. The first test must be administered at least 6 months after the assembly of the new herd. If the whole herd tests are not conducted within the indicated time frame, the herd will be quarantined. If the herd tests negative to the two whole herd tests, there are no further requirements. If any captive cervid in the herd responds on one of the whole herd tests, the herd will be subject to the provisions of paragraph (a) or (b) of this section. If the premises has been vacant for more than 1 year preceding the assembly of the new herd on the premises, these requirements may be waived if the risk of tuberculosis trans mission to the newly assembled herd is deemed negligible by cooperating State and Federal animal health officials. [65 FR 63517, Oct. 23, 2000, as amended at 71 FR 24806, Apr. 27, 2006; 78 FR 1723, Jan. 9, 2013; 79 FR 43926, July 29, 2014] § 77.40 Procedures for and interstate movement to necropsy and slaugh ter. (a) Procedures for necropsy and slaugh ter. (1) A necropsy must be performed by or under the supervision of a veteri narian who is employed by USDA or employed by the State in which the captive cervid was classified, and who is trained in tuberculosis necropsy pro cedures. (2) If, upon necropsy, a captive cervid is found without evidence of M. bovis infection by histopathology and cul ture, the captive cervid will be consid ered negative for tuberculosis. (3) Reactors, suspects, and exposed captive cervids may be slaughtered only at a recognized slaughtering es tablishment, as defined in § 77.20. (b) Interstate movement to necropsy or slaughter—(1) Permit. Any reactor, sus pect, or exposed captive cervid to be moved interstate to necropsy or slaughter must be accompanied by a permit issued by a representative of APHIS, a State representative, or an accredited veterinarian. The captive cervid must remain on the premises where it was identified as a reactor, suspect, or exposed captive cervid until a permit for its movement is obtained. No stopover or diversion from the des tination listed on the permit is al lowed. If a change in destination be comes necessary, a new permit must be obtained from a cooperating State or Federal animal health official or an ac credited veterinarian before the inter state movement begins. The permit must list: (i) The classification of the captive cervid (reactor, suspect, or exposed); VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 280 9 CFR Ch. I (1–1–18 Edition) § 77.41 (ii) The reactor eartag number or, for suspects and exposed captive cervids, the official eartag or other approved identification number; (iii) The owner’s name and address; (iv) The origin and destination of the captive cervids; (v) The number of captive cervids covered by the permit; and (vi) The purpose of the movement. (2) Identification of reactors. Reactors must be tagged with an official eartag attached to the left ear and bearing a serial number and the inscription ‘‘U.S. Reactor,’’ and either: (i) Branded with the letter ‘‘T’’ high on the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or (ii) Permanently identified by the letters ‘‘TB’’ tattooed legibly in the left ear, sprayed on the left ear with yellow paint, and either accompanied directly to necropsy or slaughter by an APHIS or State representative or moved directly to necropsy or slaugh ter in a vehicle closed with official seals. Such official seals must be ap plied and removed by an APHIS rep resentative, State representative, ac credited veterinarian, or an individual authorized for this purpose by an APHIS representative. (3) Identification of exposed captive cervids. Exposed captive cervids must be identified by an official eartag or other approved identification and ei ther: (i) Branded with the letter ‘‘S’’ high on the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or (ii) Either accompanied directly to necropsy or slaughter by an APHIS or State representative or moved directly to necropsy or slaughter in a vehicle closed with official seals. Such official seals must be applied and removed by an APHIS representative, State rep resentative, accredited veterinarian, or an individual authorized for this pur pose by an APHIS representative. [65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2068, Jan. 9, 2013] § 77.41 Cleaning and disinfection of premises, conveyances, and mate rials. All conveyances and associated equipment, premises, and structures that are used for receiving, holding, shipping, loading, unloading, and deliv ering captive cervids in connection with their interstate movement and that are determined by cooperating State and Federal animal health offi cials to be contaminated because of oc cupation or use by tuberculous or reac tor livestock must be cleaned and dis infected under the supervision of the cooperating State or Federal animal health officials. Such cleaning and dis infecting must be done in accordance with the procedures approved by the cooperating State or Federal animal health officials. Cleaning and disinfec tion must be completed before the premises, conveyances, or materials may again be used to convey, hold, or in any way come in contact with any livestock. PART 78—BRUCELLOSIS Subpart A—General Provisions Sec. 78.1 Definitions. 78.2 Handling of certificates, permits, and ‘‘S’’ brand permits for interstate move ment of animals. 78.3 Handling in transit of cattle and bison moved interstate. 78.4 [Reserved] Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis 78.5 General restrictions. 78.6 Steers and spayed heifers. 78.7 Brucellosis reactor cattle. 78.8 Brucellosis exposed cattle. 78.9 Cattle from herds not known to be af fected. 78.10 Official vaccination of cattle moving into and out of Class B and Class C States or areas. 78.11 Cattle moved to a specifically ap proved stockyard not in accordance with this part. 78.12 Cattle from quarantined areas. 78.13 Other movements. 78.14 Rodeo cattle. 78.15–78.19 [Reserved] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 281 Animal and Plant Health Inspection Service, USDA § 78.1 Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis 78.20 General restrictions. 78.21 Bison steers and spayed heifers. 78.22 Brucellosis reactor bison. 78.23 Brucellosis exposed bison. 78.24 Bison from herds not known to be af fected. 78.25 Other movements. 78.26–78.29 [Reserved] Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis 78.30 General restrictions. 78.31 Brucellosis reactor swine. 78.32 Brucellosis exposed swine. 78.33 Sows and boars. 78.34 Other movements. 78.35–78.39 [Reserved] Subpart E—Designation of Brucellosis Areas 78.40 Designation of States/areas. 78.41 State/area classification. 78.42 Quarantined areas. 78.43 Validated brucellosis-free States. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 51 FR 32580, Sept. 12, 1986, unless otherwise noted. Subpart A—General Provisions § 78.1 Definitions. The following terms are defined in this section: Accredited veterinarian Administrator Animals Animal and Plant Health Inspection Service Animal identification number APHIS representative Approved brucella vaccine Approved individual herd plan Approved intermediate handling facility Area ‘‘B’’ branded Boar Brucellosis Brucellosis exposed Brucellosis negative Brucellosis reactor Brucellosis ring test Brucellosis suspect Certificate Certified brucellosis-free herd Class A State or area Class B State or area Class C State or area Class Free State or area Complete herd test (CHT) Confirmatory test Dairy cattle Designated epidemiologist Directly Epidemiologist Epidemiology Farm of origin Feral swine Finished fed cattle Herd Herd blood test Herd known to be affected Herd not known to be affected Herd of origin of swine Interstate Market cattle identification test cattle Market swine test (MST) reactor Market swine test swine Monitored-negative feral swine population Moved Moved (movement) in interstate commerce Official adult vaccinate Official brand inspection certificate Official brand recording agency Official calfhood vaccinate Official eartag Official seal Official swine tattoo Official test Official vaccinate Official vaccination eartag Originate Parturient Permit Permit for entry Person Postparturient Purebred registry association Qualified herd Quarantined area Quarantined feedlot Quarantined pasture Recognized slaughtering establishment ‘‘S’’ branded ‘‘S’’ brand permit Sow Specifically approved stockyard State State animal health official State representative Successfully closed case Swine brucellosis Test-eligible cattle and bison United States United States Department of Agriculture backtag Validated brucellosis-free herd Validated brucellosis-free State Veterinarian in Charge Whole herd vaccination As used in this part, the following terms shall have the meanings set forth in this section. Accredited veterinarian. A veteri narian approved by the Administrator VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 282 9 CFR Ch. I (1–1–18 Edition) § 78.1 in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative State-Federal disease control and eradication programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animals. Cattle, bison, and swine. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States that provides a nation ally unique identification number for each animal. The AIN consists of 15 digits, with the first 3 being the coun try code (840 for the United States or a unique country code for any U.S. terri tory that has such a code and elects to use it in place of the 840 code). The alpha characters USA or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing may be used as an alternative to the 840 or other prefix representing a U.S territory; however, only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015. The AIN beginning with the 840 prefix may not be applied to animals known to have been born out side the United States. APHIS representative. An individual employed by APHIS who is authorized to perform the function involved. Approved brucella vaccine. A Brucella product approved by and produced under license of the United States De partment of Agriculture for injection into cattle or bison to enhance their resistance to brucellosis. Approved individual herd plan. A herd management and testing plan designed by the herd owner, the owner’s veteri narian if so requested, and a State rep resentative or APHIS representative to determine the disease status of animals in the herd and to control and eradi cate brucellosis within the herd. The plan must be jointly approved by the State animal health official and the Veterinarian in Charge. Approved intermediate handling facil ity. Premises approved by the Adminis trator and the State animal health of ficial for receiving and handling cattle and bison for release only to recognized slaughtering establishments and quar antined feedlots. Cattle and bison may be held at an approved intermediate handling facility for a maximum of 7 days and may not change ownership during this time. No cattle or bison, except cattle or bison moved directly from a farm of origin, shall be per mitted to enter an approved inter mediate handling facility unless they are accompanied by a permit or ‘‘S’’ brand permit. Cattle or bison trans ported in vehicles closed with official seals are prohibited from entering the approved intermediate handling facil ity. No cattle or bison shall be per mitted to leave an approved inter mediate handling facility unless they are accompanied by a permit or ‘‘S’’ brand permit which lists a recognized slaughtering establishment or a quar antined feedlot as the point of destina tion. To qualify for and retain ap proval, the following conditions must be met: (a) The facility must be sepa rate and apart from other livestock handling facilities for breeding cattle and breeding bison; (b) Serviceable equipment for cleaning and disinfec tion shall be furnished and maintained with adequate disinfectant on hand; (c) The facility must be cleaned and dis infected in accordance with § 71.4(a) of this chapter; (d) Any document relat ing to cattle or bison which are or have been in the facility shall be maintained by the facility for a period of 2 years; (e) State representatives and APHIS representatives shall be granted, at reasonable hours, access to all docu ments required to be maintained by the facility and authority to reproduce the documents; and (f) Each entrance and exit to the facility must prominently display a sign bearing the following words: ‘‘All cattle and bison entering this facility must go directly to slaughter or a quarantined feedlot’’. The Administrator may withdraw or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 283 Animal and Plant Health Inspection Service, USDA § 78.1 deny approval of any intermediate han dling facility in accordance with § 71.20 of this chapter. Area. That portion of any State which has a separate brucellosis classi fication under this part. ‘‘B’’ branded. Branding with a hot iron the letter ‘‘B’’ high on the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size. Boar. An uncastrated male swine 6 months of age or over which is or has been capable of being used for breeding purposes. Brucellosis. The contagious, infec tious, and communicable disease caused by bacteria of the genus Brucella. It is also known as Bangs dis ease, undulant fever, and contagious abortion. Brucellosis exposed. Except for brucel losis reactors, animals that are part of a herd known to be affected, or are in a quarantined feedlot or a quarantined pasture, or are brucellosis suspects, or that have been in contact with a bru cellosis reactor for a period of 24 hours or more, or for a period of less than 24 hours if the brucellosis reactor has aborted, calved, or farrowed within the past 30 days or has a vaginal or uterine discharge. Brucellosis negative. An animal sub jected to one or more official tests re sulting in a brucellosis negative classi fication or reclassified as brucellosis negative by a designated epidemiolo gist as provided for in the definition of official test. Brucellosis reactor. An animal sub jected to an official test resulting in a brucellosis reactor classification or subjected to a bacteriological examina tion for field strain Brucella abortus and found positive or reclassified as a bru cellosis reactor by a designated epi demiologist as provided for in the defi nition of official test. Brucellosis ring test. The brucellosis ring test is conducted on composite milk or cream samples from dairy herds and is interpreted as either nega tive or suspicious (positive). Herds which are negative to the brucellosis ring test and which are not quar antined as brucellosis affected are clas sified as brucellosis negative for public health ordinances and surveillance pur poses. Herds classified as suspicious re quire a herd blood test to determine animal and herd status. Brucellosis suspect. An animal sub jected to an official test resulting in a brucellosis suspect classification or re classified as a brucellosis suspect by a designated epidemiologist as provided for in the definition of official test. Certified brucellosis-free herd. A herd of cattle or bison which has qualified for and whose owner has been issued a certified brucellosis-free herd certifi cate signed by the appropriate State animal health official and the Veteri narian in Charge. (a) Certification. The following meth ods may be used to qualify a herd: (1) By conducting at least two con secutive negative herd blood tests not less than 10 months nor more than 14 months apart; or (2) As an alternative for dairy cattle, by conducting a minimum of four con secutive negative brucellosis ring tests, or other official brucellosis milk test approved by the Administrator, at not less than 90-day intervals, followed by a negative herd blood test within 90 days after the last negative brucellosis ring test or other official brucellosis milk test approved by the Adminis trator. (b) Maintaining certification. Certified brucellosis-free herd status will remain in effect for 1 year beginning with the date of issuance of the certified brucel losis-free herd certificate. The fol lowing methods may be used to main tain herd certification: (1) A negative herd blood test must be conducted within 10 to 12 months of the last certification date for contin uous status. Lapsed certification may be reinstated if a herd blood test is conducted within 14 months of the last certification date. A new recertifi cation test date may be established if requested by the owner and if the herd is negative to a herd blood test on that date, provided that date is within 1 year of the previous certification date. (2) As an alternative for dairy cattle, a minimum of four consecutive nega tive brucellosis ring tests, or other offi cial brucellosis milk test approved by the Administrator, must be conducted at approximately 90-day intervals, with the fourth test conducted within 60 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 284 9 CFR Ch. I (1–1–18 Edition) § 78.1 days before the 1-year anniversary of the previous certification date. (3) The Administrator may allow an other testing protocol to be used if the Administrator determines that such a protocol is adequate to determine there is no evidence of brucellosis in the herd. (c) Loss of certification. A herd which loses certified brucellosis-free herd sta tus because a brucellosis reactor is found in the herd may be recertified only by repeating the certification process, except that certified brucel losis-free herd status may be reinstated without repeating the certification process if epidemiological studies and bacteriological cultures conducted by an APHIS representative or State rep resentative show that the herd was not affected with Brucella abortus. Class A State or area. A State or area which meets standards for classifica tion as a Class A State or area and is certified as such on initial classifica tion or on reclassification by the State animal health official, the Veteri narian in Charge, and the Adminis trator. Any reclassification will be made in accordance with § 78.40 of this part. The following are the standards to attain and maintain Class A status. (a) Surveillance—(1) Brucellosis ring test. The brucellosis ring test shall be conducted in the State or area at least four times per year at approximately 90-day intervals. All herds producing milk for sale shall be included in at least three of the four brucellosis ring tests per year. (2) Market Cattle Identification (MCI) program—(i) Coverage. All recognized slaughtering establishments in the State or area must participate in the MCI program. Blood samples shall be collected from at least 95 percent of all cows and bulls 2 years of age or over at each recognized slaughtering establish ment and subjected to an official test; (ii) Brucellosis reactors—(A) Tracebacks. At least 90 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) Successfully closed cases. The State or area must successfully close at least 95 percent of the MCI reactor cases traced to the farm of origin during the 12-consecutive-month period imme diately prior to the most recent anni versary of the date the State or area was classified Class A. To successfully close an MCI reactor case, State rep resentatives or APHIS representatives must conduct an epidemiologic inves tigation at the farm of origin within 15 days after notification by the coopera tive State-Federal laboratory that bru cellosis reactors were found on the MCI test. Herd blood tests must be con ducted or the herd must be confined to the premises under quarantine within 30 days after notification that brucel losis reactors were found on the MCI test, unless a designated epidemiolo gist determines that: (1) The brucellosis reactor is located in a herd in a different State than the State where the MCI blood sample was collected. In such cases a State rep resentative or APHIS representative must give written notice of the MCI test results to the State animal health official in the State where the brucel losis reactor is located; or (2) Evidence indicates that the bru cellosis reactor is from a herd that no longer presents a risk of spreading bru cellosis, or is from a herd that is un likely to be infected with brucellosis. Such evidence could include, but is not limited to, situations where: (i) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (ii) The brucellosis reactor is traced back to a herd that is certified brucel losis free and is 100-percent vaccinated; or (iii) The brucellosis reactor showed a low titer in the MCI test and is traced back to a dairy herd that is 100 percent vaccinated and has tested negative to the most recent brucellosis ring test required by this section for herds pro ducing milk for sale. (3) Epidemiologic surveillance—(i) Adja cent herds. All adjacent herds or other herds having contact with cattle or bison in a herd known to be affected shall have an approved individual herd plan in effect within 15 days of notifi cation of brucellosis in the herd known to be affected; (ii) Epidemiologically traced herds. All herds from which cattle or bison are moved into a herd known to be affected VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 285 Animal and Plant Health Inspection Service, USDA § 78.1 and all herds which have received cat tle or bison from a herd known to be affected shall have an approved indi vidual herd plan in effect within 15 days of locating the source herd or re cipient herd. (iii) Each State shall ensure that such approved individual herd plans are effectively complied with, as deter mined by the Administrator. (b) Herd infection rate—(1) Percentage of herds affected. States or areas must not exceed a cattle or bison herd infec tion rate, based on the number of herds found to have brucellosis reactors within the State or area during any 12 consecutive months due to field strain Brucella abortus, of 0.25 percent or 2.5 herds per 1,000, except in States with 10,000 or fewer herds. A special review by the Administrator will be made to determine if such small herd popu lation States would qualify for Class A status. Locations of herds, sources of brucellosis, and brucellosis control measures taken by the State will be considered. (2) Epidemiologic investigation. Within 15 days after notification by the coop erative State-Federal laboratory that brucellosis reactors have been found in any herd, State representatives or APHIS representatives shall inves tigate that herd to identify possible sources of brucellosis. All possible sources of brucellosis identified shall be contacted within an additional 15 days to determine appropriate action. (3) All herds known to be affected shall have approved individual herd plans in effect within 15 days after no tification by a State representative or APHIS representative of a brucellosis reactor in the herd. Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Adminis trator. Class B State or area. A State or area which meets standards for classifica tion as a Class B State or area and is certified as such on initial classifica tion or on reclassification by the State animal health official, the Veteri narian in Charge, and the Adminis trator. Any reclassification will be made in accordance with § 78.40 of this part. The following are the standards to attain and maintain Class B status. (a) Surveillance—(1) Brucellosis ring test. The brucellosis ring test shall be conducted in the State or area at least four times per year at approximately 90-day intervals. All herds producing milk for sale shall be included in at least three of the four brucellosis ring tests per year. (2) Market Cattle Identification (MCI) program—(i) Coverage. All recognized slaughtering establishments in the State or area must participate in the MCI program. Blood samples shall be collected from at least 95 percent of all cows and bulls 2 years of age or over at each recognized slaughtering establish ment and subjected to an official test; (ii) Brucellosis reactors—(A) Tracebacks. At least 80 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) Successfully closed cases. The State or area must successfully close at least 90 percent of the MCI reactor cases traced to the farm of origin during the 12-consecutive-month period imme diately prior to the most recent anni versary of the date the State or area was classified Class B. To successfully close an MCI reactor case, State rep resentatives or APHIS representatives must conduct an epidemiologic inves tigation at the farm of origin within 30 days after notification by the coopera tive State-Federal laboratory that bru cellosis reactors were found on the MCI test. Herd blood tests must be con ducted or the herd must be confined to the premises under quarantine within 30 days after notification that brucel losis reactors were found on the MCI test, unless a designated epidemiolo gist determines that: (1) The brucellosis reactor is located in a herd in a different State than the State where the MCI blood sample was collected. In such cases a State rep resentative or APHIS representative must give written notice of the MCI test results to the State animal health official in the State where the brucel losis reactor is located; or (2) Evidence indicates that the bru cellosis reactor is from a herd that no longer presents a risk of spreading bru cellosis, or is from a herd that is un likely to be infected with brucellosis. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 286 9 CFR Ch. I (1–1–18 Edition) § 78.1 Such evidence could include, but is not limited to, situations where: (i) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (ii) The brucellosis reactor is traced back to a herd that is certified brucel losis free and is 100-percent vaccinated; or (iii) The brucellosis reactor showed a low titer in the MCI test and is traced back to a dairy herd that is 100 percent vaccinated and has tested negative to the most recent brucellosis ring test required by this section for herds pro ducing milk for sale. (3) Epidemiologic surveillance—(i) Adja cent herds. All adjacent herds or other herds having contact with cattle or bison in a herd known to be affected shall have an approved individual herd plan in effect within 45 days of notifi cation of brucellosis in the herd known to be affected; (ii) Epidemiologically traced herds. All herds from which cattle or bison are moved into a herd known to be affected and all herds which have received cat tle or bison from a herd known to be affected shall have an approved indi vidual herd plan in effect within 45 days of locating the source herd or re cipient herd. (iii) Each State shall ensure that such approved individual herd plans are effectively complied with, as deter mined by the Administrator. (b) Herd infection rate—(1) Percentage of herds affected. States or areas must not exceed a cattle or bison herd infec tion rate, based on the number of herds found to have brucellosis reactors within the State or area during any 12 consecutive months due to field strain Brucella abortus, of 1.5 percent or 15 herds per 1,000, except in States with 1,000 or fewer herds. A special review by the Administrator will be made to determine if such small herd popu lation States would qualify for Class B status. Locations of herds, sources of brucellosis, and brucellosis control measures taken by the State will be considered. (2) Epidemiologic investigation. Within 45 days after notification by the coop erative State-Federal laboratory that brucellosis reactors have been found in any herd, State representatives or APHIS representatives shall inves tigate that herd to identify possible sources of brucellosis. All possible sources of brucellosis identified shall be contacted within an additional 30 days to determine appropriate action. (3) All herds known to be affected shall have approved individual herd plans in effect within 45 days after no tification by a State representative or APHIS representative of a brucellosis reactor in the herd. Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Adminis trator. Class C State or area. A State or area which meets standards for classifica tion as a Class C State or area and is certified as such on initial classifica tion or on reclassification by the State animal health official, the Veteri narian in Charge, and the Adminis trator. Any reclassification will be made in accordance with § 78.40 of this part. The following are the standards to attain and maintain Class C status. (a) Surveillance—(1) Brucellosis ring test. The brucellosis ring test shall be conducted in the State or area at least four times per year at approximately 90-day intervals. All herds producing milk for sale shall be included in at least three of the four brucellosis ring tests per year. (2) Market Cattle Identification (MCI) program—(i) Coverage. All recognized slaughtering establishments in the State or area must participate in the MCI program. Blood samples shall be collected from at least 95 percent of all cows and bulls 2 years of age or over at each recognized slaughtering establish ment and subjected to an official test; (ii) Brucellosis reactors—(A) Tracebacks. At least 80 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) Successfully closed cases. The State or area must successfully close at least 90 percent of the MCI reactor cases traced to the farm of origin during the 12-consecutive-month period imme diately prior to the most recent anni versary of the date the State or area was classified Class C. To successfully close an MCI reactor case, State rep resentatives or APHIS representatives VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 287 Animal and Plant Health Inspection Service, USDA § 78.1 must conduct an epidemiologic inves tigation at the farm of origin within 30 days after notification by the coopera tive State-Federal laboratory that bru cellosis reactors were found on the MCI test. Herd blood tests must be con ducted or the herd must be confined to the premises under quarantine within 30 days after notification that brucel losis reactors were found on the MCI test, unless a designated epidemiolo gist determines that: (1) The brucellosis reactor is located in a herd in a different State than the State where the MCI blood sample was collected. In such cases a State rep resentative or APHIS representative must give written notice of the MCI test results to the State animal health official in the State where the brucel losis reactor is located; or (2) Evidence indicates that the bru cellosis reactor is from a herd that no longer presents a risk of spreading bru cellosis, or is from a herd that is un likely to be infected with brucellosis. Such evidence could include, but is not limited to, situations where: (i) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (ii) The brucellosis reactor is traced back to a herd that is certified brucel losis free and is 100-percent vaccinated; or (iii) The brucellosis reactor showed a low titer in the MCI test and is traced back to a dairy herd that is 100 percent vaccinated and has tested negative to the most recent brucellosis ring test required by this section for herds pro ducing milk for sale. (3) Epidemiologic surveillance—(i) Adja cent herds. All adjacent herds or other herds having contact with cattle or bison in a herd known to be affected shall have an approved individual herd plan in effect within 45 days of notifi cation of brucellosis in the herd known to be affected; (ii) Epidemiologically traced herds. All herds from which cattle or bison are moved into a herd known to be affected and all herds which have received cat tle or bison from a herd known to be affected shall have an approved indi vidual herd plan in effect within 45 days of locating the source herd or re cipient herd. (iii) Each State shall ensure that such approved individual herd plans are effectively complied with, as deter mined by the Administrator. (b) Herd infection rate—(1) Percentage of herds affected. States or areas exceed a cattle or bison herd infection rate, based on the number of herds found to have brucellosis reactors within the State or area during any 12 consecutive months due to field strain Brucella abortus, of 1.5 percent or 15 herds per 1,000, except in States with 1,000 or fewer herds. A special review by the Administrator will be made to deter mine if such small herd population States should be classified as a Class C State. Locations of herds, sources of brucellosis, and brucellosis control measures taken by the State will be considered. (2) Epidemiologic investigation. Within 45 days after notification by the coop erative State-Federal laboratory that brucellosis reactors have been found in any herd, State representatives or APHIS representatives shall inves tigate that herd to identify possible sources of brucellosis. All possible sources of brucellosis identified shall be contacted within an additional 30 days to determine appropriate action. (3) All herds known to be affected shall have approved individual herd plans in effect within 45 days after no tification by a State representative or APHIS representative of a brucellosis reactor in the herd. Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Adminis trator. (c) Compliance with minimum proce dural standards. (1) A State must imple ment and maintain minimum proce dural standards. (2) A State or area must make con tinued progress over a 2-year period in reducing the prevalence of brucellosis as determined by epidemiologic evalua tion or it will be placed under Federal quarantine. Class Free State or area. A State or area which meets standards for classi fication as a Class Free State or area and is certified as such on initial clas sification or on reclassification by the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 288 9 CFR Ch. I (1–1–18 Edition) § 78.1 State animal health official, the Vet erinarian in Charge, and the Adminis trator. For initial classification or re classification, all cattle herds in the State or area must have remained free of Brucella abortus for 12 consecutive months, based on surveillance and epi demiologic investigations as required for Class A States or areas, and the State or area must have a cattle herd infection rate, based on the number of herds found to have brucellosis reac tors within the State or area during any 12 consecutive months due to Brucella abortus, of 0.0 percent or 0 herds per 1,000. The Administrator may reclassify a State or area to a lower status upon finding that continued de tection of brucellosis presents a risk that the disease will spread. Any re classification will be made in accord ance with § 78.40 of this part. All cattle herds in the State or area in which bru cellosis has been known to exist must be released from any State or Federal brucellosis quarantine prior to classi fication. In addition, if any herds of other species of domestic livestock have been found to be affected with brucellosis, they must be subjected to an official test and found negative, slaughtered, or quarantined so that no foci of brucellosis in any species of do mestic livestock are left uncontrolled. The following are the standards to maintain Class Free status. (a) Surveillance—(1) Testing require ments—(i) States or areas that have been Class Free for 5 consecutive years or longer and that do not have B. abortus in wildlife. All recognized slaughtering es tablishments in the State or area, upon request by APHIS, must agree to par ticipate in market cattle identification (MCI) testing as part of the national brucellosis surveillance plan. (ii) States or areas that have not been Class Free for 5 consecutive years or longer or that have B. abortus in wildlife. The State or area must carry out test ing as provided in paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) or (a)(1)(ii)(C) of this definition: (A) Brucellosis ring test. The State or area shall conduct as many brucellosis ring tests per year as are necessary to ensure that all herds producing milk for sale are tested at least twice per year at approximately 6-month inter vals. Another official brucellosis milk test may be used as approved by the Administrator. (B) Market Cattle Identification (MCI) program. All recognized slaughtering establishments in the State or area must participate in the MCI program. Blood samples shall be collected from at least 95 percent of all cows and bulls 2 years of age or over at each recog nized slaughtering establishment and subjected to an official test. (C) Alternative surveillance plan. As an alternative to the testing described in paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this definition, the State or area may develop an alternative surveil lance plan that would have to meet or exceed the level of disease detection provided by combined brucellosis ring testing and collection of blood samples from at least 95 percent of test eligible slaughter cattle slaughtered within the State. The alternative surveillance plan must be developed in conjunction with the State animal health official and the area veterinarian in charge. (2) Brucellosis reactors. All Class Free States or areas must comply with the following requirements upon detection of a brucellosis reactor: (i) Tracebacks. The State or area must trace at least 90 percent of all brucellosis reactors found in the course of MCI testing to the farm of origin. (ii) Successfully closed cases. The State or area must successfully close at least 95 percent of the MCI reactor cases traced to the farm of origin during the 12-consecutive-month period imme diately prior to the most recent anni versary of the date the State or area was classified Class Free. To success fully close an MCI reactor case, State representatives or APHIS representa tives must conduct an epidemiologic investigation at the farm of origin within 15 days after notification by the cooperative State-Federal laboratory that brucellosis reactors were found on the MCI test. Herd blood tests must be conducted or the herd must be confined to the premises under quarantine with in 30 days after notification that bru cellosis reactors were found on the MCI test, unless a designated epidemiolo gist determines that: (A) The brucellosis reactor is located in a herd in a different State than the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 289 Animal and Plant Health Inspection Service, USDA § 78.1 State where the MCI blood sample was collected. In such cases a State rep resentative or APHIS representative must give written notice of the MCI test results to the State animal health official in the State where the brucel losis reactor is located; or (B) Evidence indicates that the bru cellosis reactor is from a herd that no longer presents a risk of spreading bru cellosis, or is from a herd that is un likely to be infected with brucellosis. Such evidence could include, but is not limited to, situations where: (1) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (2) The brucellosis reactor is traced back to a herd that is certified brucel losis free and is 100-percent vaccinated; or (3) The brucellosis reactor showed a low titer in the MCI test and is traced back to a dairy herd that is 100 percent vaccinated and has tested negative to the most recent brucellosis ring test required by this section for herds pro ducing milk for sale. (iii) Epidemiologic surveillance—(A) Adjacent herds. All adjacent herds or other herds having contact with cattle or bison in a herd known to be affected shall be placed under quarantine and have an approved individual herd plan in effect within 15 days after notifica tion of brucellosis in the herd known to be affected; (B) Epidemiologically traced herds. All herds from which cattle or bison are moved into a herd known to be affected and all herds which have received cat tle or bison from a herd known to be affected shall be placed under quar antine and have an approved individual herd plan in effect within 15 days of lo cating the source herd or recipient herd. Each State shall ensure that such approved individual herd plans are ef fectively complied with, as determined by the Administrator. (b) Herd infection rate—(1) Affected herds. Except as provided in paragraph (b)(4) of this definition, all cattle and bison herds in the State or area must remain free of Brucella abortus. (2) Epidemiologic investigation. Within 15 days after notification by the coop erative State-Federal laboratory that brucellosis reactors have been found in any herd, State representatives or APHIS representatives shall inves tigate that herd to identify possible sources of brucellosis. All possible sources of brucellosis identified shall be contacted within an additional 15 days to determine appropriate action. (3) Approved herd plans. All herds known to be affected shall have ap proved individual herd plans in effect within 15 days after notification by a State representative or APHIS rep resentative of a brucellosis reactor in the herd. Each State shall ensure that such approved individual herd plans are effectively complied with, as deter mined by the Administrator. (4) Affected herd. If any herd in a Class Free State or area is found to be affected with brucellosis, the State or area may retain its Class Free status if it meets the conditions of this para graph. (i) The affected herd. (A) The affected herd must be quarantined immediately, and, within 60 days, tested for brucel losis and depopulated; or (B) The affected herd must be quar antined immediately and tested for brucellosis as required by the Adminis trator until there is no evidence of bru cellosis in the herd; and (ii) Other herds. An epidemiological investigation must be performed with in 60 days of the detection of an in fected animal in a herd. All herds on premises adjacent to the affected herd (adjacent herds), all herds from which animals may have been brought into the affected herd (source herds), and all herds that may have had contact with or accepted animals from the affected herd (contact herds) must be epidemiologically investigated, and each of those herds must be placed under an approved individual herd plan. If the investigating epidemiolo gist determines that a herd blood test for a particular adjacent herd, source herd, or contact herd is not warranted, the epidemiologist must include that determination, and the reasons sup porting it, in the individual herd plan. (iii) APHIS review. After the close of the 60-day period following the date an animal in the herd is determined to be infected, APHIS will conduct a review to confirm that the requirements of paragraphs (b)(4)(i) and (b)(4)(ii) of this VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 290 9 CFR Ch. I (1–1–18 Edition) § 78.1 definition have been satisfied and that the State or area is in compliance with all other applicable provisions. (c) Brucellosis management plans. (1) Any State in which the Administrator has determined wildlife are infected with B. abortus must develop and im plement a brucellosis management plan approved by the Administrator. The existence of B. abortus in wildlife will be determined by the Adminis trator, based on, but not limited to, histopathology, testing data, or epide miology. The Administrator may also require a Class Free State or area to develop and implement a brucellosis management plan under any other cir cumstances if the Administrator deter mines it is necessary to prevent the spread of brucellosis. The State must sign a memorandum of understanding (MOU) with the Administrator that de scribes its brucellosis management plan. The MOU must be updated annu ally. The Administrator may reclassify to a lower status any State or area that has not implemented an approved brucellosis management plan within 6 months of being required to develop one. (2) The brucellosis management plan reflected in the MOU must: (i) Define and explain the basis for the geographic area in which a disease risk exists from B. abortus and to which the brucellosis management plan ac tivities apply; (ii) Describe epidemiologic assess ment and surveillance activities to identify occurrence of B. abortus in do mestic livestock and wildlife and po tential risks for spread of disease; and (iii) Describe mitigation activities to prevent the spread of B. abortus from domestic livestock and/or wildlife, as applicable, within or from the brucel losis management area. Commuter herd. A herd of cattle or bison moved interstate during the course of normal livestock manage ment operations and without change of ownership directly between two prem ises, as provided in a commuter herd agreement. Commuter herd agreement. A written agreement between the owner(s) of a herd of cattle or bison and the animal health officials for the States or Tribes of origin and destination specifying the conditions required for the interstate movement from one premises to an other in the course of normal livestock management operations and specifying the time period, up to 1 year, that the agreement is effective. A commuter herd agreement may be renewed annu ally. Complete herd test (CHT). An official swine brucellosis test of all swine on a premises that are 6 months of age or older and maintained for breeding pur poses. Confirmatory test. A follow-up test to verify any official test results. Con firmatory tests include the standard tube test, the Rivanol test, the com plement fixation test (CF), the fluores cence polarization assay (FP assay), the particle concentration fluorescence immunoassay (PCFIA), the semen plas ma test, and the standard plate test. Dairy cattle. All cattle, regardless of age or sex or current use, that are of a breed(s) used to produce milk or other dairy products for human consumption, including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guern sey, Milking Shorthorn, and Red and Whites. Designated epidemiologist. An epi demiologist selected by the State ani mal health official and the Veteri narian in Charge to perform the func tions required. The regional epi demiologist and the APHIS brucellosis staff must concur in the selection and appointment of the designated epi demiologist. Directly. Moved in a means of convey ance, without stopping to unload while en route, except for stops of less than 24 hours to feed, water or rest the ani mals being moved, and with no com mingling of animals at such stops. Epidemiologist. A veterinarian who has received a master’s degree in epide miology or completed a course of study in epidemiology sponsored by the Ani mal and Plant Health Inspection Serv ice, United States Department of Agri culture. Epidemiology. A branch of medical science that deals with the incidence, distribution, and control of disease in the animal population. Farm of origin. (a) Premises where cattle or bison are born and remain prior to movement from the premises VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 291 Animal and Plant Health Inspection Service, USDA § 78.1 but which are not used to assemble cat tle or bison from any other premises for 4 months before such movement; or (b) Premises where cattle or bison re main for not less than 4 months imme diately before movement from the premises but which are not used to as semble cattle or bison from any other premises for 4 months before such movement. Feral swine. Free-roaming swine. For merly free-roaming swine could qualify for reclassification as domestic swine upon testing negative to an official swine brucellosis test after a period of at least 60 days’ confinement in isola tion from other feral swine. Finished fed cattle. Cattle fattened on a ration of feed concentrates to reach a slaughter condition equivalent to that which would be attained on full feed with a high concentrate grain ration for 90 days. Herd. (a) All animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm, or ranch); or (b) All animals under common owner ship or supervision on two or more premises which are geographically sep arated but on which animals from the different premises have been inter changed or had contact with each other. (c) For the purposes of this part, the term herd does not include animals that are contained within a federally approved research facility. Herd blood test. A blood test for bru cellosis conducted in a herd on all cat tle and bison 18 months of age or older, except for steers and spayed heifers, and except when conducting herd blood tests as part of affected herd investiga tions or other epidemiological inves tigations or when the Administrator determines testing at a younger age is necessary to prevent the spread of bru cellosis. Herd known to be affected. Any herd in which any animal has been classified as a brucellosis reactor and which has not been released from quarantine. Herd not known to be affected. Any herd in which no animal has been clas sified as a brucellosis reactor or any herd in which one or more animals have been classified as brucellosis reac tors but which has been released from quarantine. Herd of origin of swine. Any herd in which swine are farrowed and remain until movement or any herd in which swine remain for 30 days immediately prior to movement. Interstate. From any State into or through any other State. Interstate certificate of veterinary in spection (ICVI). An official document issued by a Federal, State, Tribal, or accredited veterinarian certifying the inspection of animals in preparation for interstate movement. (1) The ICVI must show the species of animals covered by the ICVI; the num ber of animals covered by the ICVI; the purpose for which the animals are to be moved; the address at which the ani mals were loaded for interstate move ment; the address to which the animals are destined; and the names of the con signor and the consignee and their ad dresses if different from the address at which the animals were loaded or the address to which the animals are des tined. Additionally, unless the species specific requirements for ICVIs provide an exception, the ICVI must list the of ficial identification number of each animal, except as provided in para graph (2) of this definition, or group of animals moved that is required to be officially identified, or, if an alter native form of identification has been agreed upon by the sending and receiv ing States, the ICVI must include a record of that identification. If animals moving under a GIN also have indi vidual official identification, only the GIN must be listed on the ICVI. An ICVI may not be issued for any animal that is not officially identified if offi cial identification is required. If the animals are not required by the regula tions to be officially identified, the ICVI must state the exemption that ap plies (e.g., the cattle and bison do not belong to one of the classes of cattle and bison to which the official identi fication requirements of 9 CFR part 86 apply). If the animals are required to be officially identified but the identi fication number does not have to be re corded on the ICVI, the ICVI must state that all animals to be moved under the ICVI are officially identified. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 292 9 CFR Ch. I (1–1–18 Edition) § 78.1 (2) As an alternative to typing or writing individual animal identifica tion on an ICVI, if agreed to by the re ceiving State or Tribe, another docu ment may be used to provide this infor mation, but only under the following conditions: (i) The document must be a State form or APHIS form that requires indi vidual identification of animals or a printout of official identification num bers generated by computer or other means; (ii) A legible copy of the document must be stapled to the original and each copy of the ICVI; (iii) Each copy of the document must identify each animal to be moved with the ICVI, but any information per taining to other animals, and any un used space on the document for record ing animal identification, must be crossed out in ink; and (iv) The following information must be written in ink in the identification column on the original and each copy of the ICVI and must be circled or boxed, also in ink, so that no addi tional information can be added: (A) The name of the document; and (B) Either the unique serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who pre pared the document and the date the document was signed. Location-based number system. The lo cation-based number system combines a State or Tribal issued location iden tification (LID) number or a premises identification number (PIN) with a pro ducer’s unique livestock production numbering system to provide a nation ally unique and herd-unique identifica tion number for an animal. Location identification (LID) number. A nationally unique number issued by a State, Tribal, and/or Federal animal health authority to a location as deter mined by the State or Tribe in which it is issued. The LID number may be used in conjunction with a producer’s own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may also be used as a component of a group/lot identification number (GIN). Market cattle identification test cattle. Cows and bulls 18 months of age or over which have been moved to recognized slaughtering establishments, and test eligible cattle which are subjected to an official test for the purposes of movement at farms, ranches, auction markets, stockyards, quarantined feedlots, or other assembly points. Such cattle must be identified with an official identification device as speci fied in § 86.4(a) of this chapter prior to or at the first market, stockyard, quar antined feedlot, or slaughtering estab lishment they reach. Market swine test (MST) reactor. Mar ket swine test swine with a positive re action to a swine brucellosis confirm atory test or other official test, if no confirmatory test is performed. Market swine test swine. Sows and boars which have been moved to slaughtering establishments and sows and boars which are subjected to an of ficial test for the purposes of move ment at farms, ranches, auction mar kets, stockyards, or other assembly points. Monitored-negative feral swine popu lation. Feral swine indicating no evi dence of infection (indicators would in clude positive blood tests or clinical signs, such as abortion) and originating from a specified, geographically iso lated area (a forest area, hunting pre serve, or swamp, for example) may be classified by the designated epi demiologist as a monitored-negative feral swine population. Moved. Shipped, transported, deliv ered, or received for movement, or oth erwise aided, induced, or caused to be moved. Moved (movement) in interstate com merce. Moved from the point of origin of the interstate movement to the ani mals’ final destination, such as a slaughtering establishment or a farm for breeding or raising, and including any temporary stops for any purpose along the way, such as at a stockyard or dealer premises for feed, water, rest, or sale. National Uniform Eartagging System (NUES). A numbering system for the of ficial identification of individual ani mals in the United States that provides a nationally unique identification number for each animal. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00302 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 293 Animal and Plant Health Inspection Service, USDA § 78.1 Official adult vaccinate. (a) Female cattle or female bison older than the specified ages defined for official calfhood vaccinate and vaccinated by an APHIS representative, State rep resentative, or accredited veterinarian with a reduced dose approved brucella vaccine, diluted so as to contain at least 300 million and not more than 1 billion live cells per 2 mL dose of Brucella abortus Strain 19 vaccine or at the dosage indicated on the label in structions for other approved brucella vaccines, as part of a whole herd vac cination plan authorized jointly by the State animal health official and the Veterinarian in Charge; and (b)(1) Permanently identified by a ‘‘V’’ hot brand high on the hip near the tailhead at least 5 by 5 centimeters (2 by 2 inches) in size, or by an official AV (adult vaccination) tattoo in the right ear preceded by the quarter of the year and followed by the last digit of the year; and (2) Identified with an official eartag or individual animal registered breed association registration brand or indi vidual animal registered breed associa tion tattoo. Official brand inspection certificate. A document issued by an official brand inspection agency in any State which requires such documents for movement of cattle or bison. Official brand recording agency. The duly constituted body authorized by a State or governmental subdivision thereof to administer laws, regula tions, ordinances or rules pertaining to the brand identification of cattle or bison. Official calfhood vaccinate. (a) Female cattle or female bison vaccinated while from 4 through 12 months of age by an APHIS representative, State represent ative, or accredited veterinarian with a reduced dose approved brucella vaccine containing at least 2.7 billion and not more than 10 billion live cells per 2 mL dose of Brucella abortus Strain 19 vac cine or at the dosage indicated on the label instructions for other approved brucella vaccines; and (b) Permanently identified by a tat too and by an official vaccination eartag in the right ear. However, if al ready identified with an official eartag prior to vaccination, an additional tag is not required. The tattoo must in clude the U.S. Registered Shield and ‘‘V,’’ preceded by the quarter of the year and followed by the last digit of the year of vaccination. Individual ani mal registered breed association reg istration brands or individual animal registered breed association registra tion tattoos may be substituted for of ficial eartags. Official eartag. An identification tag approved by APHIS that bears an offi cial identification number for indi vidual animals. Beginning March 11, 2014, all official eartags manufactured must bear an official eartag shield. Be ginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other character istics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resist ant and have a high retention rate in the animal. Official eartag shield. The shield shaped graphic of the U.S. Route Shield with ‘‘U.S.’’ or the State postal abbreviation or Tribal alpha code im printed within the shield. Official identification number. A na tionally unique number that is perma nently associated with an animal or group of animals and that adheres to one of the following systems: (1) National Uniform Eartagging Sys tem. (2) Animal identification number (AIN). (3) Location-based number system. (4) Flock-based number system. (5) Any other numbering system ap proved by the Administrator for the of ficial identification of animals. Officially identified. Identified by means of an official identification de vice or method approved by the Admin istrator. Official seal. A serially numbered, metal or plastic strip, consisting of a self-locking device on one end and a slot on the other end, which forms a loop when the ends are engaged and which cannot be reused if opened, or a serially numbered, self-locking button which can be used for this purpose. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 294 9 CFR Ch. I (1–1–18 Edition) § 78.1 Official swine tattoo. A tattoo, con forming to the six-character alpha-nu meric National Tattoo System, that provides a unique identification for each herd or lot of swine. Official test—(a) Classification of cattle and bison—(1) Standard card test. (i) A test to determine the brucellosis dis ease status of test-eligible cattle and bison when conducted according to in structions approved by APHIS and the State in which the test is to be con ducted and when conducted under the following circumstances: (A) When conditions and time are such that no other test is available; or (B) When the owner or the owner’s agent requests it because of time or situation constraints; or (C) In specifically approved stock yards when the State animal health of ficial either: (1) Designates the standard card test as the official test for determining the brucellosis disease status of cattle and bison in all specifically approved stockyards in the State. In these States, no other official test except the Buffered Acidified Plate Antigen test shall be used in specifically approved stockyards; or (2) Designates the standard card test as the official test for determining the brucellosis disease status of non-vac cinated cattle or bison (the CITE ® test may be designated as a supplemental test for non-vaccinated cattle or bison that test positive to the standard card test); and designates the standard card test as the official test for determining the brucellosis disease status of official vaccinates and the CITE ® test, the standard plate test, or the Rivanol test as supplemental tests for official vac cinates that test positive to the stand ard card test. If supplemental tests are conducted, cattle or bison that are positive to the standard card test shall be classified as brucellosis suspects if all of the supplemental tests conducted disclose a negative or suspect reaction, and shall be classified as brucellosis re actors if any one of the supplemental tests conducted has a positive reaction; or (D) To test market cattle identifica tion (MCI) program test samples. Cat tle and bison which test positive to the BAPA test or RST under the MCI pro gram must be retested using the stand ard card test or the standard plate or tube agglutination test. (ii) Results of the standard card test also may be used to supplement the re sults of other official tests conducted in the cooperative State-Federal lab oratory to give the designated epi demiologist additional information when classifying cattle and bison. (iii) Standard card test results are in terpreted as either negative or positive. A moderate to marked clumping aggluti nation reaction is a positive result. Test-eligible cattle and bison positive to the standard card test are classified as brucellosis reactors. Test-eligible cattle and bison negative to the stand ard card test are classified as brucel losis negative. (2) Standard tube test (STT) or stand ard plate test (SPT). A test to determine the brucellosis disease status of test-el igible cattle and bison when conducted according to instructions approved by APHIS and the State in which the test is to be conducted. Cattle and bison are classified according to the following agglutination reactions: SPT OR STT CLASSIFICATION—OFFICIAL VAC CINATES VACCINATED WITH A BRUCELLA ABORTUS STRAIN 19 APPROVED BRUCELLA VACCINE Titer Classification 1:50 1:100 1:200 ¥ ................. ¥ ................. ¥ ................. Negative. I .................... ¥ ................. ¥ ................. Do. + ................... ¥ ................. ¥ ................. Do. + ................... I .................... ¥ ................. Suspect. + ................... + .................. ¥ ................. Do. + ................... + .................. I .................... Do. + ................... + .................. + .................. Reactor. ¥ No agglutination. I Incomplete agglutination. + Complete agglutination. OFFICIAL VACCINATES VACCINATED WITH AN AP PROVED BRUCELLA VACCINE OTHER THAN A BRUCELLA ABORTUS STRAIN 19 APPROVED BRUCELLA VACCINE Titer Classification 1:50 1:100 1:200 ¥ ................. ¥ ................. ¥ ................. Negative. I .................... ¥ ................. ¥ ................. Suspect. + ................... ¥ ................. ¥ ................. Do. + ................... I .................... ¥ ................. Do. + ................... + .................. ¥ ................. Reactor. + ................... + .................. I .................... Do. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00304 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 295 Animal and Plant Health Inspection Service, USDA § 78.1 OFFICIAL VACCINATES VACCINATED WITH AN AP PROVED BRUCELLA VACCINE OTHER THAN A BRUCELLA ABORTUS STRAIN 19 APPROVED BRUCELLA VACCINE—Continued Titer Classification 1:50 1:100 1:200 + ................... + .................. + .................. Do. ¥ No agglutination. I Incomplete agglutination. + Complete agglutination. ALL CATTLE AND BISON WHICH ARE NOT OFFICIAL VACCINATES Titer Classification 1:50 1:100 1:200 ¥ ................. ¥ ................. ¥ ................. Negative. I .................... ¥ ................. ¥ ................. Suspect. + ................... ¥ ................. ¥ ................. Do. + ................... I .................... ¥ ................. Do. + ................... + .................. ¥ ................. Reactor. + ................... + .................. I .................... Do. + ................... + .................. + .................. Do. ¥ No agglutination. I Incomplete agglutination. + Complete agglutination. (3) Manual complement-fixation (CF) test. A test to determine the brucellosis disease status of test-eligible cattle and bison when conducted according to instructions approved by APHIS and the State in which the test is to be conducted. Cattle and bison are classi fied according to the following reac tions: (i) Cattle and bison which are not of ficial vaccinates: (A) Fifty percent fixation (2 plus) in a dilution of 1:20 or higher—brucellosis reactor; (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less than 50 percent fixation (2 plus) in a dilution of 1:20— brucellosis suspect; (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10—brucellosis negative; (ii) Official vaccinates vaccinated with a Brucella abortus Strain 19 ap proved brucella vaccine: (A) Twenty-five percent fixation (1 plus) in a dilution of 1:40 or higher— brucellosis reactor; (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less than 25 percent fixation (1 plus) in a dilution of 1:40— brucellosis suspect; (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10—brucellosis negative. (iii) Official vaccinates vaccinated with an approved brucella vaccine other than a Brucella abortus Strain 19 approved brucella vaccine: (A) Fifty percent fixation (2 plus) in a dilution of 1:20 or higher—brucellosis reactor; (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less than 50 percent fixation (2 plus) in a dilution of 1:20— brucellosis suspect; (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10—brucellosis negative. (4) Technicon automated complement fixation test. A test to determine the brucellosis disease status of test-eligi ble cattle and bison when conducted according to instructions approved by APHIS and the State in which the test is to be conducted. Cattle and bison are classified according to the following re actions: (i) Cattle and bison which are not of ficial vaccinates: (A) Fixation in a dilution of 1:10 or higher—brucellosis reactor; (B) Fixation in a dilution of 1:5 but no fixation in a dilution of 1:10—brucel losis suspect; (C) No fixation in a dilution of 1:5 or lower—brucellosis negative; (ii) Official vaccinates vaccinated with a Brucella abortus Strain 19 ap proved brucella vaccine: (A) Fixation in a dilution of 1:20 or higher—brucellosis reactor; (B) Fixation in a dilution of 1:10 but no fixation in a dilution of 1:20—brucel losis suspect; (C) Fixation in a dilution of 1:5 or less but no fixation in a dilution of 1:10—brucellosis negative. (iii) Official vaccinates vaccinated with an approved brucella vaccine other than a Brucella abortus Strain 19 approved brucella vaccine: (A) Fixation in a dilution of 1:10 or higher—brucellosis reactor; (B) Fixation in a dilution of 1:5 but no fixation in a dilution of 1:10—brucel losis suspect; (C) No fixation in a dilution of 1:5 or lower—brucellosis negative. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00305 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 296 9 CFR Ch. I (1–1–18 Edition) § 78.1 (5) Rivanol test. A test to determine the brucellosis disease status of test-el igible cattle and bison when conducted according to instructions approved by APHIS and the State in which the test is to be conducted. Cattle and bison are classified according to the following agglutination reactions: (i) Cattle and bison which are not of ficial vaccinates: (A) Complete agglutination at a titer of 1:25 or higher—brucellosis reactor; (B) Less than complete agglutination at a titer of 1:25—brucellosis negative; (ii) Official adult vaccinates more than 5 months after vaccination with a Brucella abortus Strain 19 approved brucella vaccine and official calfhood vaccinates vaccinated with a Brucella abortus Strain 19 approved brucella vaccine: (A) Incomplete agglutination at a titer of 1:100 or higher—brucellosis re actor; (B) Complete agglutination at a titer of 1:25 or higher when the manual or technicon automated complement-fixa tion test is not conducted—brucellosis reactor; (C) Complete agglutination at a titer of 1:50 or less when the manual com plement-fixation test or the technicon automated complement-fixation test is conducted and results in a classifica tion of brucellosis suspect or brucel losis negative—brucellosis suspect; (D) Less than complete agglutination at a titer of 1:25—brucellosis negative; (iii) Official adult vaccinates less than 5 months after vaccination with a Brucella abortus Strain 19 approved brucella vaccine: Less than complete agglutination at the 1:50 titer—brucel losis negative. (iv) Official vaccinates vaccinated with an approved brucella vaccine other than a Brucella abortus Strain 19 approved brucella vaccine: (A) Complete agglutination at a titer of 1:25 or higher—brucellosis reactor; (B) Less than complete agglutination at a titer of 1:25—brucellosis negative. (6) Semen plasma test. A test to deter mine the brucellosis disease status of bulls used for artificial insemination when conducted in conjunction with an official serological test and according to instructions approved by APHIS and the State in which the test is to be conducted. The classification of such bulls shall be based on the maximum agglutination titer of either the offi cial serological test or the semen plas ma test. (7) Buffered acidified plate antigen (BAPA) test. A test to determine the brucellosis disease status of test-eligi ble cattle and bison at recognized slaughtering establishments and spe cifically approved stockyards when conducted according to instructions approved by APHIS and the State in which the test is to be conducted. BAPA test results are interpreted as either negative or positive. Cattle and bison negative to the BAPA test are classified as brucellosis negative. Cat tle and bison positive to the BAPA test shall be subjected to other official tests to determine their brucellosis classification. (8) Rapid screening test (RST). A test to determine the brucellosis disease status of test-eligible cattle and bison in cooperative State-Federal labora tories when conducted according to in structions approved by APHIS and the State in which the test is to be con ducted. RST results are interpreted as either negative or positive. Cattle and bison negative to the RST are classi fied as brucellosis negative. Cattle and bison positive to the RST shall be sub jected to other official tests to deter mine their brucellosis classification. (9) Concentration immunoassay tech nology (CITE ®) test. An enzyme immunoassay that may be used as a di agnostic supplement to the standard card test by designated epidemiologists determining the brucellosis disease status of cattle and bison. The test must be done in accordance with the CITE ® Brucella abortus Antibody Test Kit instructions, licensed by the United States Department of Agri culture and approved as of December 31, 1987, and incorporated by reference. This incorporation by reference was ap proved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from AgriTech Systems, Inc., 100 Fore Street, Portland, ME 04101. Copies may be inspected at the Animal and Plant Health Inspection Service, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 297 Animal and Plant Health Inspection Service, USDA § 78.1 Veterinary Services, Operational Sup port, 4700 River Road Unit 33, River dale, Maryland 20737–1231, or at the Na tional Archives and Records Adminis tration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. (10) Particle concentration fluorescence immunoassay (PCFIA) test. An auto mated serologic test to determine the brucellosis disease status of test-eligi ble cattle and bison when conducted according to instructions approved by APHIS. Cattle and bison are classified according to the following ratio be tween the test sample and a known negative sample (S/N ratio): S/N ratio Classification Greater than .60 ................................ Negative. Greater than .30 but less than or equal to .60. Suspect. .30 or less .......................................... Positive. (11) D-Tec ® Brucella A test. An auto mated serologic test to determine the brucellosis disease status of test-eligi ble cattle and bison when conducted according to instructions approved by APHIS. The degree of reactivity is measured by the ratio of the average optical density of the sample to that of the Negative Control (S/N) and is ex pressed as Percent Inhibition (1–S/N) × 100. The brucellosis disease status of the animals is classified according to the following established criteria: Percent inhibition Classification Less than or equal to 40 percent ........ Negative. Greater than 40 percent and less than or equal to 70 percent. Suspect. Greater than 70 percent ...................... Reactor. (12) Rapid Automated Presumptive (RAP) test. An automated serologic test to detect the presence of Brucella anti bodies in test-eligible cattle and bison. RAP test results are interpreted as ei ther positive or negative; the results are interpreted and reported by a scan ning autoreader that measures alter ations in light transmission through each test well and the degree of agglu tination present. Cattle and bison neg ative to the RAP test are classified as brucellosis negative; cattle and bison positive to the RAP test shall be sub jected to other official tests to deter mine their brucellosis disease classi fication. (13) Fluorescence polarization assay (FP assay). An automated serologic test to determine the brucellosis status of test-eligible cattle and bison when con ducted according to instructions ap proved by APHIS. FP assays are inter preted as either positive, negative, or suspect. A 10-microliter sample is used. If a sample reads <10 millipolarization units (mP) above the mean negative control, the sample is considered nega tive. If a sample reads >20 mP above the mean negative control, the sample is considered positive. Samples that read between 10 and 20 mP above the negative control mean should be re tested using 20 microliters of sample. If the 20-microliter sample is >20 mP above the mean negative control, the sample is considered positive. If the 20 microliter sample is still in the 10 to 20 mP range above the mean negative control, the sample is considered sus pect. If the 20-microliter sample is <10 mP above the mean negative control, the sample is considered negative. Cat tle and bison negative to the FP assay are classified as brucellosis negative. Cattle and bison with positive FP assay results are classified as brucel losis reactors, while cattle and bison with suspect FP assay results are clas sified as brucellosis suspects. (14) The evaluation of test results for all cattle and bison shall be the respon sibility of a designated epidemiologist in each State. The designated epi demiologist shall consider the animal and herd history and other epidemio logic factors when determining the brucellosis classification of cattle and bison. Deviations from the brucellosis classification criteria as provided in this definition of official test are ac ceptable when made by the designated epidemiologist. (i) The designated epidemiologist may consider the results of CITE ® tests when evaluating the results of standard card tests of cattle and bison. (b) Classification of swine—(1) Stand ard card test. A test to determine the brucellosis disease status of swine. Standard card test results are inter preted as either negative or positive. A VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 298 9 CFR Ch. I (1–1–18 Edition) § 78.1 moderate to marked clumping aggluti nation reaction is a positive result. Swine negative to the standard card test are classified as brucellosis nega tive. Swine positive to the standard card test in a herd not known to be af fected but negative to any other offi cial test or bacteriological culture for brucella are classified as brucellosis suspects. Other swine positive to the standard card test are classified as bru cellosis reactors. (2) Standard tube test. A test to deter mine the brucellosis disease status of swine. (i) If all of the following apply: (A) The swine are part of a herd not known to be affected; (B) No swine tested, in dividually or as part of a group, has a complete agglutination reaction at a dilution of 1:100 or higher; and (C) the swine are tested as part of a herd blood test or are part of a validated brucel losis-free herd, then the swine are clas sified according to the following agglu tination reactions: Titer Classification 1:25 1:50 1:100 I .................... ]— ................ ¥ ................. Negative. + ................... ¥ ................. ¥ ................. Do. + ................... I .................... ¥ ................. Do. + ................... + .................. ¥ ................. Do. + ................... + .................. I .................... Do. ¥ No agglutination. I Incomplete agglutination. + Complete agglutination. (ii) If any of the following apply: (A) The swine are part of a herd known to be affected; (B) Any swine tested, indi vidually or as part of a group, has a complete agglutination reaction at a dilution of 1:100 or higher or; (C) The swine are not part of a validated bru cellosis-free herd and are not being tested as part of a herd blood test, then the swine are classified according to the following agglutination reactions: Titer Classification 1:25 1:50 1:100 I .................... ¥ ................. ¥ ................. Negative. + ................... ¥ ................. ¥ ................. Reactor. + ................... I .................... ¥ ................. Do. + ................... + .................. ¥ ................. Do. + ................... + .................. I .................... Do. + ................... + .................. + .................. Do. ¥ No agglutination. I Incomplete agglutination. + Complete agglutination. (3) Particle concentration fluoresence immunoassay (PCFIA). An automated serologic test to determine the brucel losis disease status of test-eligible swine when conducted according to in structions approved by the Animal and Plant Health Inspection Service. Swine are classified according to the fol lowing ratios between the test sample and a known negative sample (S/N ratio): S/N Ratio Classification 0.71 or greater ....................... Negative. 0.51 to 0.70 ........................... Suspect. 0.50 or less ............................ Reactor. (4) Rapid Automated Presumptive (RAP) test. An automated serologic test to detect the presence of Brucella anti bodies in test-eligible swine. RAP test results are interpreted as either posi tive or negative; the results are inter preted and reported by a scanning autoreader that measures agglutina tion based on alterations in light transmission through each test well. Swine negative to the RAP test are classified as brucellosis negative; swine positive to the RAP test shall be sub jected to other official tests to deter mine their brucellosis disease classi fication. (5) Fluorescence polarization assay (FP assay). An automated serologic test to determine the brucellosis status of test-eligible swine when conducted ac cording to instructions approved by APHIS. FP assays are interpreted as either positive, negative, or suspect. A 40-microliter sample is used. If a sam ple reads <10 millipolarization units (mP) above the mean negative control, the sample is considered negative. If a sample reads >20 mP above the mean negative control, the sample is consid ered positive. Samples that read be tween 10 and 20 mP above the negative control mean must be retested using 40 microliters of sample. If the 40 microliter sample is >20 mP above the mean negative control, the sample is considered positive. If the 40-microliter sample is still in the 10 to 20 mP range above the mean negative control, the sample is considered suspect. If the 40 microliter sample is <10 mP above the mean negative control, the sample is considered negative. Swine with nega tive FP assay results are classified as VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00308 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 299 Animal and Plant Health Inspection Service, USDA § 78.1 brucellosis negative. Swine with posi tive FP assay results are classified as brucellosis reactors, while swine with suspect FP assay results are classified as brucellosis suspects. (6) The evaluation of test results for all swine shall be the responsibility of a designated epidemiologist in each State. The designated epidemiologist shall consider the animal and herd his tory and other epidemiologic factors when determining the brucellosis clas sification of swine. Deviations from the brucellosis classification criteria as provided in this definition of official test are acceptable when made by the designated epidemiologist. Official vaccinate. An official calfhood vaccinate or an official adult vac cinate. The accredited veterinarian, State representative or APHIS rep resentative who performs the vaccina tion must forward a completed official vaccination certificate for each animal vaccinated to the State animal health official of the State in which the ani mal was vaccinated. Official vaccination eartag. An APHIS approved identification eartag con forming to the alpha-numeric National Uniform Eartagging System which pro vides unique identification for each animal. The eartag shall have a ‘‘V’’ followed by 2 letters and 4 numbers. States which require more official vac cination eartags than the number of combinations available in the ‘‘V’’ se ries of tags shall use a ‘‘T’’ or ‘‘S’’ fol lowed by 2 letters and 4 numbers. Du plicate reissue of official vaccination eartags shall not be made more often than once each 15 years. Originate. (a) Animals will have the status of the herd from which they are moved if: (1) They were born and maintained in the herd since birth; or (2) They have been in the herd for at least 120 days. (b) Animals will have the status of the State or area from which they are moved if: (1) They were born and maintained in the State or area since birth; or (2) They were previously moved from a State or area of equal or higher class to the State or area; or (3) They were previously moved from a State or area of lower class to the State or area where they are now lo cated and have been in the new State or area for at least 120 days. (c) Cattle or bison penned in a spe cifically approved stockyard with cat tle or bison from a lower class State or area, in violation of the requirements set forth in § 71.20 of this chapter, shall have the status of the State or area of lower class for any subsequent move ment. Parturient. Visibly prepared to give birth or within 2 weeks of giving birth (springers). Permit. An official document (VS Form 1–27 or a State form which con tains the same information but not a ‘‘permit for entry’’ or ‘‘ ‘S’ brand per mit’’) issued by an APHIS representa tive, State representative, or accred ited veterinarian which lists the own er’s name and address, points of origin and destination, number of animals covered, purpose of the movement, any reactor tag number, and one of the fol lowing: The official eartag number, in dividual animal registered breed asso ciation registration tattoo, individual animal registered breed association registration brand, United States De partment of Agriculture backtag (when applied serially, only the beginning and the ending numbers need be recorded), individual animal registered breed as sociation registration number, or simi lar individual identification. (A new permit is required for each change in destination. However, permits accom panying cattle or bison to an approved intermediate handling facility may list either the approved intermediate han dling facility, a quarantined feedlot or a recognized slaughtering establish ment as the point of destination. If the permit lists a quarantined feedlot or a recognized slaughtering establishment as the point of destination, then the permit must list the approved inter mediate handling facility as a tem porary stopping point, and no addi tional permit is required for the subse quent movement of the cattle or bison to the quarantined feedlot or to the recognized slaughtering establish ment.) Permit for entry. A premovement au thorization for entry of cattle into a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00309 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 300 9 CFR Ch. I (1–1–18 Edition) § 78.1 1 A list of quarantined feedlots in any State may be obtained from the State animal health official, a State representative, or an APHIS representative. State from the State animal health of ficial of the State of destination. It may be oral or written. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company or other legal entity. Postparturient. Having given birth. Purebred registry association. A swine breed association formed and perpet uated for the maintenance of records of purebreeding of swine species for a spe cific breed whose characteristics are set forth in Constitutions, By-Laws, and other rules of the association. Qualified herd. (a) Qualification. (1) Any herd of cattle or bison which is in a quarantined area, not known to be af fected, and negative to two consecutive herd blood tests. The first of these two herd blood tests shall be conducted not more than 240 days nor less than 120 days prior to the date of classification as a qualified herd. The second herd blood test may not be conducted less than 90 days nor more than 150 days after the first test. Additionally, the second herd blood test must be within 120 days of the date of classification as a qualified herd; or (2) Any certified brucellosis-free herd in a quarantined area which is negative to a herd blood test 120 days before or after designation of the area as a quar antined area. (b) Requalification. In order to remain a qualified herd, a herd must be nega tive to successive requalifying herd blood tests. Each requalifying test shall be conducted not more than 120 days from the date of the preceding herd blood test. All cattle or bison added to a qualified herd must be in cluded in two successive herd blood tests of the qualified herd to qualify as cattle or bison from the qualified herd. Quarantined area. An area that does not meet the criteria for classification as Class Free, Class A, Class B, or Class C. Quarantined feedlot. 1 A confined area under State quarantine approved joint ly by the State animal health official and the Veterinarian in Charge. Ap proval will be granted only after a State representative or APHIS rep resentative inspects the confined area and determines that all cattle and bison are secure and isolated from con tact with all other cattle and bison, that there are facilities for identifying cattle and bison, and that there is no possibility of brucellosis being me chanically transmitted from the con fined area. The quarantined feedlot shall be maintained for feeding cattle and bison for slaughter, with no provi sions for pasturing or grazing. All cat tle and bison in a quarantined feedlot, except steers and spayed heifers, shall be treated as brucellosis exposed. (a) All cattle and bison, except steers and spayed heifers, leaving the quar antined feedlot must (1) Be accom panied by a permit and move directly to a recognized slaughtering establish ment; or (2) Be ‘‘S’’ branded and ac companied by an ‘‘S’’ brand permit and move directly to an approved inter mediate handling facility and then di rectly to another quarantined feedlot or a recognized slaughtering establish ment; or (3) Be accompanied by a per mit issued by the State animal health official and move directly to another quarantined feedlot; or (4) After being ‘‘S’’ branded at the quarantined feed lot, be accompanied by an ‘‘S’’ brand permit and move directly to a specifi cally approved stockyard approved to receive brucellosis exposed cattle and bison and then directly to a recognized slaughtering establishment or another quarantined feedlot; or (5) After being ‘‘S’’ branded at the quarantined feed lot, be accompanied by an ‘‘S’’ brand permit and move directly to a specifi cally approved stockyard approved to receive brucellosis exposed cattle and bison and then directly to an approved intermediate handling facility and then directly to another quarantined feedlot or a recognized slaughtering es tablishment. However, finished fed cat tle moving directly to a recognized slaughtering establishment are exempt from the permit/’’S’’ brand permit re quirement. (b) The State animal health official and the Veterinarian in Charge shall establish procedures for accounting for all cattle and bison entering or leaving quarantined feedlots. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 301 Animal and Plant Health Inspection Service, USDA § 78.1 Quarantined pasture. A confined graz ing area under State quarantine ap proved by the State animal health offi cial, Veterinarian in Charge and the Administrator. A justification of the need for the quarantined pasture must be prepared by the State animal health official and/or Veterinarian in Charge and submitted to the Administrator. An intensified brucellosis eradication effort which produces large numbers of brucellosis exposed cattle or bison or official adult vaccinates needing the grazing period to reach slaughter con dition would be an acceptable justifica tion. Approval will be granted only after a State representative or APHIS representative inspects the confined grazing area and determines that all cattle and bison are secure and isolated from contact with all other cattle and bison, that there are facilities for iden tifying the cattle and bison, and that there is no possibility of brucellosis being mechanically transmitted from the confined grazing area. The quar antined pasture shall be for utilizing available forage for growth or to im prove flesh condition of cattle or bison. No cattle or bison may be moved inter state into these quarantined pastures, which shall be restricted for use by cat tle or bison originating within the State. All cattle or bison shall be of the same sex, except that neutered cat tle and bison may share the quar antined pasture. All cattle and bison, except steers and spayed heifers, must be ‘‘S’’ branded upon entering the quar antined pasture. All cattle and bison, except steers and spayed heifers, leav ing the quarantined pasture must move directly to a recognized slaughtering establishment or quarantined feedlot, or directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establish ment. The movement shall be in ac cordance with established procedures for handling brucellosis exposed cattle and bison, including issuance of ‘‘S’’ brand permits prior to movement. The State animal health official and Vet erinarian in Charge shall establish pro cedures for accounting for all cattle and bison entering and leaving the quarantined pasture. All brucellosis ex posed cattle and bison must vacate the premises on or before the expiration of approval, which may not last longer than 10 months. Recognized slaughtering establishment. Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Prod ucts Inspection Act (21 U.S.C. 451 et seq.), or State meat or poultry inspec tion acts that is approved in accord ance with 9 CFR 71.21. Rodeo cattle. Cattle used at rodeos or competitive events. ‘‘S’’ branded. Branding with a hot iron the letter ‘‘S’’ high on the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size. ‘‘S’’ brand permit. A document pre pared at the point of origin which lists the points of origin and destination, the number of animals covered, the purpose of movement, and one of the following: The official eartag number, individual animal registered breed as sociation registration tattoo, indi vidual animal registered breed associa tion registration brand, individual ani mal registered breed association reg istration number, United States De partment of Agriculture backtag (when applied serially, only the beginning and the ending numbers need be recorded), or similar individual identification. If the document is prepared at a quar antined feedlot, it shall be prepared by an accredited veterinarian, a State rep resentative, or an individual des ignated for that purpose by the State animal health official. If the document is prepared at any other point of ori gin, it shall be prepared by an accred ited veterinarian, State representative, or APHIS representative. (A new ‘‘S’’ brand permit is required for each change in destination. However, ‘‘S’’ brand permits accompanying cattle or bison to approved intermediate han dling facilities may list either the ap proved intermediate handling facility, a quarantined feedlot, or a recognized slaughtering establishment as the point of destination. If the ‘‘S’’ brand permit lists a quarantined feedlot or a recognized slaughtering establishment as the point of destination, the ‘‘S’’ VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 302 9 CFR Ch. I (1–1–18 Edition) § 78.1 3 Notices containing lists of specifically ap proved stockyards are published in the FED ERAL REGISTER. Lists of specifically ap proved stockyards also may be obtained from the State animal health official, State rep resentatives, or APHIS representatives. brand permit must list the approved in termediate handling facility as a tem porary stopping point, and no addi tional ‘‘S’’ brand permit is required for the subsequent movement of the cattle or bison from the approved inter mediate handling facility to the quar antined feedlot or to the recognized slaughtering establishment. Subse quent movements from the quar antined feedlot shall be subject to re quirements set forth in the definition of ‘‘quarantined feedlot’’ in this sec tion.) Sow. A female swine which is partu rient or postparturient. Specifically approved stockyard. 3 Premises where cattle or bison are as sembled for sale or sale purposes and which meet the standards set forth in § 71.20 of this chapter and are approved by the Administrator. State. Any State, the District of Co lumbia, Puerto Rico, the Virgin Islands of the United States, Guam, the North ern Mariana Islands or any other terri tory or possession of the United States. State animal health official. The State official responsible for livestock and poultry disease control and eradication programs. State representative. An individual em ployed in animal health work by a State or a political subdivision thereof and authorized by such State or polit ical subdivision to perform the func tion involved under a memorandum of understanding with the United States Department of Agriculture. Successfully closed case. Follow up of an MCI reactor traceback with an epi demiologic investigation which results in brucellosis testing or quarantine of the herd of origin, or a determination by a designated brucellosis epidemiolo gist that justification exists for not testing or quarantining the herd of ori gin. Swine brucellosis. The communicable disease of swine caused by Brucella suis (B. suis) biovar 1 or 3. Test-eligible cattle and bison. For pur poses of interstate movement, test-eli gible cattle and bison are: (a) Cattle and bison which are not of ficial vaccinates and which have lost their first pair of temporary incisors (18 months of age or over), except steers and spayed heifers; (b) Official calfhood vaccinates 18 months of age or over which are partu rient or postparturient; (c) Official calfhood vaccinates of beef breeds or bison with the first pair of permanent incisors fully erupted (2 years of age or over); and (d) Official calfhood vaccinates of dairy breeds with partial eruption of the first pair of permanent incisors (20 months of age or over). United States. All of the States. United States Department of Agri culture backtag. A backtag issued by APHIS that provides unique identifica tion for each animal. Validated brucellosis-free herd. (a) A swine herd not known to be infected with swine brucellosis, located in a validated brucellosis-free State; or (b) A swine herd in a State that has not been validated as brucellosis-free, provided the herd meets the conditions for validation, as follows: (1) Validation. A swine herd may be validated as brucellosis-free if it has been found brucellosis negative after either a complete-herd test (CHT) or an incremental CHT. The incremental CHT may be conducted by testing all breeding swine 6 months of age or older with negative results within 365 days, either in four 25-percent increments, with those tests being conducted on the 90th, 180th, 270th, and 360th days of the testing cycle, or in 10-percent in crements every 25–35 days until 100 per cent of those swine have been tested. In cases where unforseen circumstances warrant such action, the Adminis trator may approve an extension of up to 15 days of the date on which a test under the 25-percent incremental herd test is to be conducted, thus allowing a test to be conducted no later than the 105th, 195th, 285th, or 375th day of the testing cycle. No swine may be tested twice during the testing cycle to com ply with either the 25 percent require ment or the 10 percent requirement. No VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 303 Animal and Plant Health Inspection Service, USDA § 78.1 further testing is required once 100 per cent of the breeding swine have been tested. After all breeding swine have tested brucellosis negative, a herd may be validated as brucellosis-free. Unless the Administrator has approved an al ternative testing schedule, which might extend the testing cycle, a herd retains validated brucellosis-free sta tus for a maximum of 365 days. (2) Maintaining validation. Validation may be continuously maintained if a complete herd test (CHT) is performed once every 365 days, with negative re sults, or an incremental CHT is per formed. The incremental CHT may be conducted by testing all breeding swine 6 months of age or older, with negative results, within 365 days in either four 25-percent increments, with those tests being conducted on the 90th, 180th, 270th, and 360th days of the testing cycle, or in 10-percent increments every 25–35 days until 100 percent of those swine have been tested. In cases where unforeseen circumstances war rant such action, the Administrator may approve an alternative testing schedule under which the 25 percent or 10 percent incremental CHT would be completed, with negative results, with in 420 days, during which time the herd’s validated brucellosis-free status would be continued. No swine may be tested twice during the testing cycle to comply with these requirements. No further testing is required once 100 per cent of the breeding swine have been tested. Validated brucellosis-free State. A State may apply for validated-free sta tus when: (a) Any herd found to have swine bru cellosis during the 2-year qualification period preceding the application has been depopulated. More than one find ing of a swine brucellosis-infected herd during the qualification period dis qualifies the State from validation as brucellosis-free; and (b) During the 2-year qualification period, the State has completed sur veillance, annually, as follows: (1) Complete herd testing. Subjecting all swine in the State that are 6 months of age or older and maintained for breeding purposes to an official swine brucellosis test; or (2) Market swine testing. Subjecting 20 percent of the State’s swine 6 months of age or older and maintained for breeding purposes to an official swine brucellosis test, and demonstrating successful traceback of at least 80 per cent of market swine test (MST) reac tors to the herd of origin. Blood sam ples may be collected from MST swine if the swine can be identified to their herd of origin, in accordance with § 71.19(b) of this subchapter. All MST reactor herds are subject to a CHT within 30 days of the MST laboratory report date, as determined by a des ignated epidemiologist; or (3) Statistical analysis. Demonstrating, by a statistical analysis of all official swine brucellosis test results (includ ing herd validation, MST, change-of ownership, diagnostic) during the 2 year qualification period, a surveil lance level equivalent or superior to CHT and MST testing programs dis cussed in this paragraph. (c) To maintain validation, a State must annually survey at least 5 per cent of its breeding swine, and dem onstrate traceback to herd of origin of at least 80 percent of all MST reactors. A State must demonstrate its con tinuing ability to meet the criteria set forth in paragraph (c) of this definition within 36–40 months of receiving vali dated brucellosis-free State status to retain that status. Veterinarian in Charge. The veteri nary official of the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is assigned by the Administrator to su pervise and perform the official animal health work of the Animal and Plant Health Inspection Service in the State concerned. Whole herd vaccination. The vaccina tion of all female cattle and female bison 4 months of age or over in a herd when authorized by the State animal health official and the Veterinarian in Charge, and conducted in accordance with the definitions of official adult vaccinate and official calfhood vac cinate. (Approved by the Office of Management and Budget under control number 0579–0047) [51 FR 32580, Sept. 12, 1986] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00313 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 304 9 CFR Ch. I (1–1–18 Edition) § 78.2 EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 78.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 78.2 Handling of certificates, permits, and ‘‘S’’ brand permits for inter state movement of animals. (a) Any ICVI, other interstate move ment document used in lieu of an ICVI, permit, or ‘‘S’’ brand permit required by this part for the interstate move ment of animals shall be delivered to the person moving the animals by the shipper or shipper’s agent at the time the animals are delivered for move ment and shall accompany the animals to their destination and be delivered to the consignee or the person receiving the animals. (b) The APHIS representative, State representative, Tribal representative, or accredited veterinarian issuing an ICVI or other interstate movement document used in lieu of an ICVI or a permit, except for permits for entry and ‘‘S’’ brand permits, that is required for the interstate movement of animals under this part shall forward a copy of the ICVI, other interstate movement document used in lieu of an ICVI, or permit to the State animal health offi cial of the State of origin within 5 working days. The State animal health official of the State of origin shall for ward a copy of the ICVI, other inter state movement document used in lieu of an ICVI, or permit to the State ani mal health official of the State of des tination within 5 working days. (Approved by the Office of Management and Budget under control number 0579–0047) [78 FR 2069, Jan. 9, 2013] § 78.3 Handling in transit of cattle and bison moved interstate. Cattle and bison moving interstate, except cattle and bison moved directly to a recognized slaughtering establish ment, approved intermediate handling facility, or quarantined feedlot, shall be moved only in a means of convey ance which has been cleaned in accord ance with §§ 71.5, 71.7, 71.10, and 71.11 of this chapter and, if unloaded in the course of such movement, shall be han dled only in pens cleaned in accordance with the provisions of §§ 71.4, 71.7, 71.10, and 71.11 of this chapter. § 78.4 [Reserved] Subpart B—Restrictions on Inter state Movement of Cattle Be cause of Brucellosis § 78.5 General restrictions. Cattle may not be moved interstate except in compliance with this subpart and with 9 CFR part 86. Cattle moved interstate under permit in accordance with this subpart are not required to be accompanied by an interstate certifi cate of veterinary inspection or owner shipper statement. [78 FR 2069, Jan. 9, 2013] § 78.6 Steers and spayed heifers. Steers and spayed heifers may be moved interstate in accordance with 9 CFR part 86 and without further re striction under this subpart. [78 FR 2069, Jan. 9, 2013] § 78.7 Brucellosis reactor cattle. (a) Destination. Brucellosis reactor cattle may be moved interstate only for immediate slaughter as follows: (1) Directly to a recognized slaugh tering establishment; (2) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment; or (3) From a farm of origin directly to a specifically approved stockyard ap proved to receive brucellosis reactors and then (i) Directly to a recognized slaugh tering establishment; or (ii) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment. (b) Identification. Brucellosis reactor cattle must be individually identified prior to moving interstate by attach ing to the left ear a metal tag bearing a serial number and the inscription ‘‘U.S. Reactor,’’ or a metal tag bearing a serial number designated by the State animal health official for identi fying brucellosis reactors, and must be: (1) ‘‘B’’ branded (as defined in § 78.1); or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00314 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 305 Animal and Plant Health Inspection Service, USDA § 78.8 (2) Accompanied directly to slaugh ter by an APHIS or State representa tive; or (3) Moved in vehicles closed with offi cial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit. (c) Permit. Brucellosis reactor cattle moving interstate shall be accom panied to destination by a permit. (d) Marking of records. Each person moving brucellosis reactor cattle inter state shall, in the course of interstate movement, plainly write or stamp the words ‘‘Brucellosis Reactor’’ upon the face of any document that person pre pares in connection with such move ment. (e) Segregation en route. Brucellosis reactor cattle shall not be moved inter state in any means of conveyance con taining animals which are not brucel losis reactors unless all the animals are for immediate slaughter or unless the brucellosis reactor cattle are kept separate from the other animals by a partition securely affixed to the sides of the means of conveyance. (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995] § 78.8 Brucellosis exposed cattle. Brucellosis exposed cattle may be moved interstate only as follows: (a) Movement to recognized slaugh tering establishments. (1) Finished fed cattle from a quarantined feedlot may be moved interstate (i) Directly to a recognized slaugh tering establishment without further restriction under this part; or (ii) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment if accompanied by a per mit or ‘‘S’’ brand permit. (2) Brucellosis exposed cattle may be moved interstate directly to a recog nized slaughtering establishment if such cattle are: (i) Individually identified by an offi cial eartag or a United States Depart ment of Agriculture backtag; (ii) Accompanied by a permit or ‘‘S’’ brand permit; and (iii)(A) ‘‘S’’ branded before leaving the premises from which they are to be moved interstate; or (B) ‘‘B’’ branded when a claim for in demnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Accompanied directly to slaugh ter by an APHIS or State representa tive; or (E) Moved in vehicles closed with of ficial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official seal numbers must be re corded on the accompanying permit or ‘‘S’’ brand permit. (3) Brucellosis exposed cattle may be moved interstate directly to an ap proved intermediate handling facility and then directly to a recognized slaughtering establishment if such cat tle are: (i) Individually identified by an offi cial eartag or a United States Depart ment of Agriculture backtag; (ii) Accompanied by a permit or ‘‘S’’ brand permit; and (iii)(A) ‘‘S’’ branded before leaving the premises from which they are to be moved interstate; or (B) ‘‘B’’ branded when a claim for in demnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Moved in vehicles closed with of ficial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or ‘‘S’’ brand permit. (4) Brucellosis exposed cattle moving to slaughter from a farm of origin may be moved directly to a specifically ap proved stockyard approved to receive brucellosis exposed cattle and then di rectly to a recognized slaughtering es tablishment if such cattle are: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00315 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 306 9 CFR Ch. I (1–1–18 Edition) § 78.8 (i) Individually identified by an offi cial eartag or United States Depart ment of Agriculture backtag; (ii) Accompanied by a permit or ‘‘S’’ brand permit; and (iii)(A) ‘‘S’’ branded before leaving the premises from which they are to be moved interstate; or (B) ‘‘B’’ branded when a claim for in demnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Moved in vehicles closed with of ficial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official seal numbers must be re corded on the accompanying permit or ‘‘S’’ brand permit. (5) Brucellosis exposed cattle moving to slaughter from a farm of origin may be moved directly to a specifically ap proved stockyard approved to receive brucellosis exposed cattle and then di rectly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are: (i) Individually identified by an offi cial eartag or United States Depart ment of Agriculture backtag; (ii) Accompanied by a permit or ‘‘S’’ brand permit; and (iii)(A) ‘‘S’’ branded before leaving the premises from which they are to be moved interstate; or (B) ‘‘B’’ branded when a claim for in demnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Moved in vehicles closed with of ficial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or ‘‘S’’ brand permit. (b) Movement to quarantined feedlots. Brucellosis exposed cattle for which no claim for indemnity is being made by the owner under part 51 of this chapter may be moved interstate directly to a quarantined feedlot, or from a farm of origin directly to a specifically ap proved stockyard approved to receive brucellosis exposed cattle and then di rectly to a quarantined feedlot, or from a farm of origin directly to an approved intermediate handling facility and then directly to a quarantined feedlot, or from a farm of origin directly to a specifically approved stockyard ap proved to receive brucellosis exposed cattle and then directly to an approved intermediate handling facility and then directly to a quarantined feedlot, if the cattle are: (1) Individually identified by an offi cial eartag or a United States Depart ment of Agriculture backtag; (2) Accompanied by a permit or ‘‘S’’ brand permit; and (3)(i) ‘‘S’’ branded before leaving the premises from which they are to be moved interstate; or (ii) Official adult vaccinates; or (iii) Moved in vehicles closed with of ficial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or ‘‘S’’ brand permit. (c) Movement other than in accordance with paragraphs (a) and (b) of this sec tion. Brucellosis exposed cattle for which no claim for indemnity is being made by the owner under part 51 of this chapter also may be moved interstate in accordance with § 78.10 and as fol lows: (1) Such brucellosis exposed cattle from herds known to be affected other than female cattle which originate in Class B States or areas or Class C States or areas may be moved inter state if the cattle are: (i) Under 6 months of age and weaned from brucellosis reactors or brucellosis exposed cows not less than 30 days im mediately preceding interstate move ment; or (ii) Under 6 months of age and nurs ing brucellosis exposed cows in a herd subjected to a herd blood test within 10 days prior to interstate movement; or (iii) Official vaccinates under 1 year of age from a herd following an ap proved individual herd plan. (2) Cattle moved interstate from a farm of origin directly to a specifically approved stockyard in accordance with VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00316 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 307 Animal and Plant Health Inspection Service, USDA § 78.9 § 78.9(b)(3)(iii), 78.9(c)(3)(iii), or 78.9(d)(3) of this part and subsequently deter mined to be brucellosis exposed may be moved interstate directly back to the farm of origin under the following con ditions: (i) Prior to interstate movement, State representatives of the State in which the cattle are located and the State of destination advise APHIS that such movement would not be contrary to the laws and regulations of their re spective States; (ii) Prior to interstate movement, the State representative of the State of destination agrees to quarantine the cattle on arrival and to require that all test-eligible cattle on the farm of ori gin be subjected to an official test; and (iii) The cattle are accompanied to the farm of origin by a permit. (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 56 FR 54533, 54534, Oct. 22, 1991; 56 FR 65782, Dec. 18, 1991; 59 FR 67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995] § 78.9 Cattle from herds not known to be affected. Male cattle which are not test eligi ble and are from herds not known to be affected may be moved interstate with out further restriction under this sub part. Female cattle which are not test eligible and are from herds not known to be affected may be moved interstate only in accordance with § 78.10 of this part and this section. Test-eligible cat tle which are not brucellosis exposed and are from herds not known to be af fected may be moved interstate only in accordance with § 78.10 and as follows: (a) Class Free States/areas. Test-eligi ble cattle which originate in Class Free States or areas, are not brucellosis ex posed, and are from a herd not known to be affected may be moved interstate from Class Free States or areas only as specified below: (1) Movement to recognized slaughtering establishments. (i) Such cattle may be moved interstate directly to a recog nized slaughtering establishment or di rectly to a specifically approved stock yard and then directly to a recognized slaughtering establishment without re striction under this subpart. (ii) Such cattle may be moved inter state from a farm of origin directly to an approved intermediate handling fa cility and then directly to a recognized slaughtering establishment if accom panied by a permit. (iii) Such cattle may be moved inter state from other than a farm of origin directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are accompanied by a permit. (2) Movement to quarantined feedlots. Such cattle may be moved interstate without restriction under this subpart directly to a quarantined feedlot, or di rectly to a specifically approved stock yard and then directly to a quar antined feedlot, or directly to a specifi cally approved stockyard and then di rectly to an approved intermediate handling facility and then directly to a quarantined feedlot, or directly to an approved intermediate handling facil ity and then directly to a quarantined feedlot. (3) Movement other than in accordance with paragraphs (a)(1) and (2) of this sec tion. Such cattle may be moved inter state other than in accordance with paragraphs (a)(1) and (2) of this section only if: (i) Such cattle are moved interstate from a farm of origin directly to a spe cifically approved stockyard; or (ii) Such cattle are moved interstate as part of a commuter herd in accord ance with a commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes. (iii) Such cattle are moved interstate accompanied by an ICVI which states, in addition to the items specified in § 78.1, that the cattle originated in a Class Free State or area. (b) Class A States/areas. Test-eligible cattle which originate in Class A States or areas, are not brucellosis ex posed, and are from a herd not known to be affected may be moved interstate from Class A States or areas only as specified below: (1) Movement to recognized slaughtering establishments. (i) Such cattle may be moved interstate from a farm of origin or nonquarantined feedlot directly to a recognized slaughtering establishment VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00317 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 308 9 CFR Ch. I (1–1–18 Edition) § 78.9 or directly to a specifically approved stockyard and then directly to a recog nized slaughtering establishment with out restriction under this subpart. (ii) Such cattle may be moved inter state from a farm of origin directly to an approved intermediate handling fa cility without restriction under this subpart. (iii) Such cattle from other than a farm of origin or nonquarantined feed lot may be moved interstate directly to a recognized slaughtering establish ment or directly to a specifically ap proved stockyard and then directly to a recognized slaughtering establish ment if identity to the Class A State or area is maintained by means of identi fication tag numbers appearing on sale records showing the consignor or by penning cattle from the farm or State or area apart from other animals. (iv) Such cattle from other than a farm of origin may be moved interstate accompanied by a permit. (A) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment; or (B) Directly to a specifically ap proved stockyard and then directly to an approved intermediate handling fa cility and then directly to a recognized slaughtering establishment. (2) Movement to quarantined feedlots. (i) Such cattle may be moved inter state from a farm of origin directly to a quarantined feedlot, or directly to a specifically approved stockyard and then directly to a quarantined feedlot, or directly to a specifically approved stockyard and then directly to an ap proved intermediate handling facility and then directly to a quarantined feedlot, or directly to an approved in termediate handling facility and then directly to a quarantined feedlot, if the identity of the farm of origin of the cattle is maintained by means of iden tification tag numbers appearing on sale records showing the consignor or by penning cattle from the farm of ori gin apart from other animals. (ii) Such cattle from other than a farm of origin may be moved interstate directly to a quarantined feedlot or di rectly to a specifically approved stock yard and then directly to a quar antined feedlot if identity to the Class A State or area is maintained by means of identification tag numbers appearing on sale records showing the consignor or by penning cattle from one farm or State or area apart from other animals. (3) Movement other than in accordance with paragraphs (b)(1) and (2) of this sec tion. Such cattle may be moved inter state other than in accordance with paragraphs (b)(1) and (2) of this section only if: (i) Such cattle originate in a certified brucellosis-free herd and are accom panied interstate by an ICVI which states, in addition to the items speci fied in § 78.1, that the cattle originated in a certified brucellosis-free herd; or (ii) Such cattle are negative to an of ficial test within 30 days prior to such interstate movement and are accom panied interstate by an ICVI which states, in addition to the items speci fied in § 78.1, the test dates and results of the official tests; or (iii) Such cattle are moved interstate from a farm of origin directly to a spe cifically approved stockyard and are subjected to an official test upon ar rival at the specifically approved stockyard prior to losing their identity with the farm of origin; or (iv) Such cattle are moved as part of a commuter herd in accordance with a commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes.. (c) Class B States/areas. Test-eligible cattle which originate in Class B States or areas, are not brucellosis ex posed, and are from a herd not known to be affected may be moved interstate from Class B States or areas only under the conditions specified below: (1) Movement to recognized slaughtering establishments. (i) Such cattle may be moved interstate from a farm of origin or a nonquarantined feedlot directly to a recognized slaughtering establish ment without further restriction under this subpart. (ii) Such cattle may be moved inter state from a farm of origin directly to an approved intermediate handling fa cility without further restriction under this subpart. (iii) Such cattle may be moved inter state from a nonquarantined feedlot di rectly to an approved intermediate VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00318 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 309 Animal and Plant Health Inspection Service, USDA § 78.9 handling facility and then directly to a recognized slaughtering establishment if they are accompanied by a permit or ‘‘S’’ brand permit. (iv) Such cattle may be moved inter state from a farm of origin or a non quarantined feedlot directly to a spe cifically approved stockyard and then to a recognized slaughtering establish ment if: (A) They are negative to an official test conducted at the specifically ap proved stockyard and are accompanied to slaughter by an ICVI or ‘‘S’’ brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are ‘‘S’’ branded at the spe cifically approved stockyard, accom panied by an ‘‘S’’ brand permit, and moved directly to a recognized slaugh tering establishment; or (D) They are moved from the specifi cally approved stockyard accompanied by an ‘‘S’’ brand permit and in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or an individual author ized for this purpose by an APHIS rep resentative. The official seal numbers must be re corded on the accompanying ‘‘S’’ brand permit. (v) Such cattle may be moved inter state from a farm of origin or a non quarantined feedlot directly to a spe cifically approved stockyard and then to an approved intermediate handling facility and then directly to a recog nized slaughtering establishment if: (A) They are negative to an official test conducted at the specifically ap proved stockyard and are accompanied by an ‘‘S’’ brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the certified brucellosis-free herd is main tained, and they are accompanied by an ‘‘S’’ brand permit; or (C) They are ‘‘S’’ branded at the spe cifically approved stockyard, accom panied by an ‘‘S’’ brand permit, and moved directly to an approved inter mediate handling facility; or (D) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. The official seal numbers must be recorded on the accompanying ‘‘S’’ brand permit. (vi) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to a recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such inter state movement and are accompanied by an ICVI or ‘‘S’’ brand permit which states, in addition to the items speci fied in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are ‘‘S’’ branded, accom panied by an ‘‘S’’ brand permit, and moved directly to a recognized slaugh tering establishment; or (D) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or by an individual au thorized for this purpose by an APHIS representative. The official seal numbers must be re corded on the accompanying ‘‘S’’ brand permit. (vii) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to an approved intermediate handling facil ity and then directly to a recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such inter state movement and are accompanied by a permit or ‘‘S’’ brand permit which states, in addition to the items speci fied in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 310 9 CFR Ch. I (1–1–18 Edition) § 78.9 certified brucellosis-free herd is main tained, and they are accompanied by an ‘‘S’’ brand permit; or (C) They are ‘‘S’’ branded, accom panied by an ‘‘S’’ brand permit, and moved directly to an approved inter mediate handling facility; or (D) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. The official seal numbers must be recorded on the accompanying ‘‘S’’ brand permit. (2) Movement to quarantined feedlots. (i) Such cattle may be moved inter state from a farm of origin directly to: (A) A quarantined feedlot if such cat tle are ‘‘S’’ branded upon arrival at the quarantined feedlot; or (B) A specifically approved stockyard and then directly to a quarantined feedlot or directly to an approved in termediate handling facility and then directly to a quarantined feedlot, if the cattle are ‘‘S’’ branded upon arrival at the specifically approved stockyard and are accompanied to the quar antined feedlot by an ‘‘S’’ brand per mit; or (C) An approved intermediate han dling facility and then directly to a quarantined feedlot, if the cattle are ‘‘S’’ branded upon arrival at the ap proved intermediate handling facility and are accompanied to the quar antined feedlot by an ‘‘S’’ brand per mit; or (D) A quarantined feedlot, a specifi cally approved stockyard and then di rectly to a quarantined feedlot, or an approved intermediate handling facil ity and then directly to a quarantined feedlot if the cattle are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals ap plied and removed by an APHIS rep resentative, State representative, ac credited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the ac companying ‘‘S’’ brand permit. (ii) Such cattle from other than a farm of origin may be moved interstate to a quarantined feedlot if: (A) They are negative to an official test within 30 days prior to such move ment and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, the test dates and re sults of the official tests; or (B) They are ‘‘S’’ branded, accom panied by an ‘‘S’’ brand permit, and moved directly to a quarantined feed lot; or (C) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. The official seal numbers must be recorded on the accompanying ‘‘S’’ brand permit. (3) Movement other than in accordance with paragraphs (c)(1) and (2) of this sec tion. Such cattle may be moved inter state other than in accordance with paragraphs (c)(1) and (2) of this section only if: (i) Such cattle originate in a certified brucellosis-free herd and are accom panied interstate by an ICVI which states, in addition to the items speci fied in § 78.1, that the cattle originated in a certified brucellosis-free herd; or (ii) Such cattle are negative to an of ficial test within 30 days prior to inter state movement, have been issued a permit for entry, and are accompanied interstate by an ICVI which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (iii) Such cattle are moved interstate from a farm of origin directly to a spe cifically approved stockyard and are subjected to an official test upon ar rival at the specifically approved stockyard prior to losing their identity with the farm of origin; or (iv) Such cattle are moved interstate as part of a commuter herd in accord ance with a commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes, and (A) The cattle being moved originate from a herd in which: (1) All the cattle were negative to a herd blood test within 1 year prior to the interstate movement; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00320 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 311 Animal and Plant Health Inspection Service, USDA § 78.9 (2) Any cattle added to the herd after such herd blood test were negative to an official test within 30 days prior to the date the cattle were added to the herd; (3) None of the cattle in the herd have come in contact with any other cattle; and (B) The cattle are accompanied inter state by a document which states the dates and results of the herd blood test and the name of the laboratory in which the official tests were conducted. (v) The State animal health officials of the State of origin and State of des tination may waive the requirements of paragraph (c)(3)(iv) of this section in writing. (d) Class C States/areas. All female cattle and test-eligible male cattle which originate in Class C States or areas, are not brucellosis exposed, and are from a herd not known to be af fected may be moved interstate from Class C States or areas only under the conditions specified below: (1) Movement to recognized slaughtering establishments. (i) Such cattle may be moved interstate from a farm of origin or a nonquarantined feedlot directly to a recognized slaughtering establish ment without further restriction under this subpart. (ii) Such cattle may be moved inter state from a farm of origin directly to an approved intermediate handling fa cility without further restriction under this subpart. (iii) Such cattle may be moved inter state from a nonquarantined feedlot di rectly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if they are accompanied by a permit or ‘‘S’’ brand permit. (iv) Such cattle may be moved inter state from a farm of origin or a non quarantined feedlot directly to a spe cifically approved stockyard and then to a recognized slaughtering establish ment if: (A) They are negative to an official test conducted at the specifically ap proved stockyard and are accompanied by an ICVI or ‘‘S’’ brand permit which states, in addition to the items speci fied in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are ‘‘S’’ branded at the spe cifically approved stockyard, accom panied by an ‘‘S’’ brand permit, and moved directly to a recognized slaugh tering establishment; or (D) They are moved from the specifi cally approved stockyard accompanied by an ‘‘S’’ brand permit and in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or an individual author ized for this purpose by an APHIS rep resentative. The official seal numbers must be re corded on the accompanying ‘‘S’’ brand permit. (v) Such cattle may be moved inter state from a farm of origin or a non quarantined feedlot directly to a spe cifically approved stockyard and then to an approved intermediate handling facility and then directly to a recog nized slaughtering establishment if: (A) They are negative to an official test conducted at the specifically ap proved stockyard and are accompanied by an ‘‘S’’ brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the certified brucellosis-free herd is main tained, and they are accompanied by an ‘‘S’’ brand permit; or (C) They are ‘‘S’’ branded at the spe cifically approved stockyard, accom panied by an ‘‘S’’ brand permit, and moved directly to an approved inter mediate handling facility; or (D) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. The official seal numbers must be recorded on the accompanying ‘‘S’’ brand permit. (vi) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 312 9 CFR Ch. I (1–1–18 Edition) § 78.9 recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such inter state movement and are accompanied by an ICVI or ‘‘S’’ brand permit which states, in addition to the items speci fied in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are ‘‘S’’ branded, accom panied by an ‘‘S’’ brand permit, and moved directly to a recognized slaugh tering establishment; or (D) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or by an individual au thorized for this purpose by the APHIS representative. The official seal numbers must be re corded on the accompanying ‘‘S’’ brand permit. (vii) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to an approved intermediate handling facil ity and then directly to a recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such inter state movement and are accompanied by a permit or ‘‘S’’ brand permit which states, in addition to the items speci fied in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the certified brucellosis-free herd is main tained, and they are accompanied by an ‘‘S’’ brand permit; or (C) They are ‘‘S’’ branded, accom panied by an ‘‘S’’ brand permit, and moved directly to an approved inter mediate handling facility; or (D) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. The official seal numbers must be recorded on the accompanying ‘‘S’’ brand permit. (2) Movement to quarantined feedlots. (i) Such cattle may be moved inter state from a farm of origin directly to: (A) A quarantined feedlot if such cat tle are ‘‘S’’ branded upon arrival at the quarantined feedlot; or (B) A specifically approved stockyard and then directly to a quarantined feedlot, or directly to an approved in termediate handling facility and then directly to a quarantined feedlot, if the cattle are ‘‘S’’ branded upon arrival at the specifically approved stockyard and are accompanied to the quar antined feedlot by an ‘‘S’’ brand per mit; or (C) An approved intermediate han dling facility and then directly to a quarantined feedlot, if the cattle are ‘‘S’’ branded upon arrival at the ap proved intermediate handling facility and are accompanied to the quar antined feedlot by an ‘‘S’’ brand per mit; or (D) A quarantined feedlot, a specifi cally approved stockyard and then di rectly to a quarantined feedlot, or an approved intermediate handling facil ity and then directly to a quarantined feedlot if the cattle are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals ap plied and removed by an APHIS rep resentative, State representative, ac credited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the ac companying ‘‘S’’ brand permit. (ii) Such cattle from other than a farm of origin may be moved interstate to a quarantined feedlot if: (A) They are negative to an official test within 30 days prior to such move ment and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, the test dates and re sults of the official tests; or (B) They are ‘‘S’’ branded, accom panied by an ‘‘S’’ brand permit, and moved directly to a quarantined feed lot; or (C) They are accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00322 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 313 Animal and Plant Health Inspection Service, USDA § 78.11 4 Female cattle imported into the United States may be exempted from the vaccina tion requirements of this paragraph with the concurrence of the State animal health offi cial of the State of destination. This concur rence is required prior to the importation of the cattle into the United States. State representative, accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. The official seal numbers must be recorded on the accompanying ‘‘S’’ brand permit. (3) Movement other than in accordance with paragraphs (d)(1) or (2) of this sec tion. Such cattle may be moved inter state other than in accordance with paragraphs (d)(1) or (2) of this section only if such cattle originate in a cer tified brucellosis-free herd and are ac companied interstate by an ICVI which states, in addition to the items speci fied in § 78.1, that the cattle originated in a certified brucellosis-free herd. (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 56 FR 54533, 54534, Oct. 22, 1991; 56 FR 58638, Nov. 21, 1991; 59 FR 67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995; 78 FR 2069, Jan. 9, 2013] § 78.10 Official vaccination of cattle moving into and out of Class B and Class C States or areas. (a) Female dairy cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move interstate into or out of a Class B State or area 4 unless they are moved interstate directly to a recog nized slaughtering establishment or quarantined feedlot, or directly to an approved intermediate handling facil ity and then directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a quar antined feedlot and then directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establish ment. Female cattle eligible for offi cial calfhood vaccination and required by this paragraph to be officially vac cinated may be moved interstate from a farm of origin directly to a specifi cally approved stockyard and be offi cially vaccinated upon arrival at the specifically approved stockyard. (b) Female cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move into a Class C State or area 4 un less they are moved interstate directly to a recognized slaughtering establishiment, or directly to an ap proved intermediate handling facility and then directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a quar antined feedlot and then directly to a recognized slaughtering establishment. Female cattle eligible for official calfhood vaccination and required by this paragraph to be officially vac cinated may be moved interstate from a farm of origin directly to a specifi cally approved stockyard and be offi cially vaccinated upon arrival at the specifically approved stockyard. (c) Female cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move interstate out of a Class C State or area 4 inder § 78.9(d)(3) of this part. Female cattle from a certified brucel losis-free herd that are eligible for offi cial calfhood vaccination and required by this paragraph to be officially vac cinated may be moved interstate from a farm of origin directly to a specifi cally approved stockyard and be offi cially vaccinated upon arrival at the specifically approved stockyard. [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1926, Jan. 18, 1989; 56 FR 58638, Nov. 21, 1991] § 78.11 Cattle moved to a specifically approved stockyard not in accord ance with this part. Cattle, except brucellosis reactors and brucellosis exposed cattle, which are moved interstate to a specifically approved stockyard but fail to comply with the requirements of this part for release from the specifically approved stockyard may be moved from the spe cifically approved stockyard only as follows: (a) With the concurrence of the State animal health officials of the State of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00323 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 314 9 CFR Ch. I (1–1–18 Edition) § 78.12 origin and State of destination, di rectly back to the farm of origin ac companied by a permit; or (b) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment if such cat tle are ‘‘S’’ branded and accompanied by an ‘‘S’’ brand permit; or (c) Directly to a recognized slaugh tering establishment if such cattle are (1) ‘‘S’’ branded and accompanied by an ‘‘S’’ brand permit; or (2) Accompanied by an ‘‘S’’ brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State rep resentative, an accredited veteri narian, or an individual authorized for this purpose by an APHIS representa tive. The official seal numbers must be re corded on the ‘‘S’’ brand permit; or (d) Directly to a quarantined feedlot if such cattle are ‘‘S’’ branded and ac companied by an ‘‘S’’ brand permit. (Approved by the Office of Management and Budget under control number 0579–0047) [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 56 FR 58638, 58639, Nov. 21, 1991] § 78.12 Cattle from quarantined areas. Not withstanding any provisions in the regulations to the contrary, cattle may be moved interstate from a quar antined area only in accordance with § 78.10, 9 CFR part 86, and this section. (a) Steers and spayed heifers. Steers and spayed heifers may be moved inter state without further restriction under this section. (b) Brucellosis reactor cattle. Brucel losis reactor cattle may be moved interstate in accordance with § 78.7. (c) Brucellosis exposed cattle. Brucel losis exposed cattle may be moved interstate in accordance with § 78.8(a) or (b). (d) Movement from qualified herds. Cat tle from qualified herds in any quar antined area may be moved interstate only as follows: (1) Movement to recognized slaughtering establishments. (i) Cattle from qualified herds in a quarantined area may be moved interstate from a farm of origin directly to a recognized slaughtering establishment or directly to a specifi cally approved stockyard and then di rectly to a recognized slaughtering es tablishment if they are negative to an official test within 30 days prior to such interstate movement and are ac companied by an ICVI or ‘‘S’’ brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (ii) Cattle from qualified herds in a quarantined area may be moved inter state from a farm of origin directly to an approved intermediate handling fa cility and then directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a quar antined feedlot and then directly to a recognized slaughtering establishment if they are negative to an official test within 30 days prior to such interstate movement and are accompanied by an ‘‘S’’ brand permit which states, in addi tion to the items specified in § 78.1, the test dates and results of the official tests; or (iii) Cattle from qualified herds in a quarantined area may be moved inter state from a farm of origin directly to a specifically approved stockyard and then directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment if they are negative to an official test within 30 days prior to such interstate move ment and are accompanied by a permit or ‘‘S’’ brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (iv) Cattle from qualified herds in a quarantined area may be moved inter state in accordance with § 78.8(a). (2) Movement to quarantined feedlots. (i) Cattle from qualified herds in a quarantined area may be moved inter state from a farm of origin directly to a quarantined feedlot, or directly to a specifically approved stockyard and then directly to a quarantined feedlot, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 315 Animal and Plant Health Inspection Service, USDA § 78.20 5 A herd which is not qualified in a quar antined area may become a qualified herd upon compliance with the provisions set forth in § 78.1 in the definition of ‘‘qualified herd.’’ or directly to an approved intermediate handling facility and then directly to a quarantined feedlot if the cattle are negative to an official test within 30 days prior to such interstate move ment and are accompanied by an ICVI which states, in addition to the items specified in § 78.1 of this part, the test dates and results of the official tests; or (ii) Cattle from qualified herds in a quarantined area may be moved in ac cordance with § 78.8(b). (3) Movement other than in accordance with paragraph (d)(1) or (2) of this sec tion. Cattle from qualified herds in a quarantined area may be moved inter state other than in accordance with paragraph (d)(1) or (2) of this section, either directly from a farm of origin or from a farm of origin through no more than one specifically approved stock yard if (i) The cattle, except official vac cinates less than 1 year of age and cat tle less than 6 months of age, are nega tive to an official test within 30 days prior to such interstate movement; and (ii) The cattle are accompanied inter state by an ICVI which states, in addi tion to the items specified in § 78.1, the test dates and results of the official tests when such tests are required. (e) Movement from herds which are not qualified. Cattle from herds known to be affected or from herds which are not qualified in any quarantined area may be moved interstate only in accordance with § 78.8(a) or (b). 5 (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58638, Nov. 21, 1991; 59 FR 67133, Dec. 29, 1994; 78 FR 2070, Jan. 9, 2013] § 78.13 Other movements. The Administrator may, upon re quest in specific cases, permit the interstate movement of cattle not oth erwise provided for in this subpart, under such conditions as the Adminis trator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] § 78.14 Rodeo cattle. (a) Rodeo cattle that are test-eligible and that are from a herd not known to be affected may be moved interstate if: (1) They are classified as brucellosis negative based upon an official test conducted less than 365 days before the date of interstate movement: Provided, however, That: The official test is not required for rodeo cattle that are moved only between Class Free States; (2) The cattle are identified with an official eartag or any other official identification device or method ap proved by the Administrator in accord ance with § 78.5; (3) There is no change of ownership since the date of the last official test; (4) An ICVI accompanies each inter state movement of the cattle; and (5) A permit for entry is issued for each interstate movement of the cat tle. (b) Cattle that would qualify as rodeo cattle, but that are used for breeding purposes during the 365 days following the date of being tested, may be moved interstate only if they meet the re quirements for cattle in this subpart and in 9 CFR part 86. (Approved by the Office of Management and Budget under control number 0579–0047) [78 FR 2070, Jan. 9, 2013] §§ 78.15–78.19 [Reserved] Subpart C—Restrictions on Inter state Movement of Bison Be cause of Brucellosis § 78.20 General restrictions. Bison may not be moved interstate except in compliance with this subpart and with 9 CFR part 86. [51 FR 32580, Sept. 12, 1986, as amended at 78 FR 2070, Jan. 9, 2013] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00325 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 316 9 CFR Ch. I (1–1–18 Edition) § 78.21 § 78.21 Bison steers and spayed heif ers. Bison steers and spayed heifers may be moved interstate without further re striction under this subpart. [51 FR 32580, Sept. 12, 1986, as amended at 78 FR 2070, Jan. 9, 2013] § 78.22 Brucellosis reactor bison. (a) Destination. Brucellosis reactor bison may be moved interstate only for immediate slaughter as follows: (1) Directly to a recognized slaugh tering establishment; (2) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment; or (3) From a farm of origin directly to a specifically approved stockyard ap proved to receive brucellosis reactors and then (i) Directly to a recognized slaugh tering establishment; or (ii) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment. (b) Identification. Brucellosis reactor bison must be individually identified prior to moving interstate by attach ing to the left ear a metal tag bearing a serial number and the inscription ‘‘U.S. Reactor,’’ or a metal tag bearing a serial number designated by the State animal health official for identi fying brucellosis reactors, and must be: (1) ‘‘B’’ branded (as defined in § 78.1); or (2) Accompanied directly to slaugh ter by an APHIS or State representa tive; or (3) Moved in vehicles closed with offi cial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit. (c) Permit. Brucellosis reactor bison moving interstate shall be accom panied to destination by a permit. (d) Marking of records. Each person moving brucellosis reactor bison inter state shall, in the course of interstate movement, plainly write or stamp the words ‘‘Brucellosis Reactor’’ upon the face of any document that person pre pares in connection with such move ment. (e) Segregation en route. Brucellosis reactor bison shall not be moved inter state in any means of conveyance con taining animals which are not brucel losis reactors unless all of the animals are for immediate slaughter or unless the brucellosis reactor bison are kept separate from the other animals by a partition securely affixed to the sides of the means of conveyance. (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995] § 78.23 Brucellosis exposed bison. Brucellosis exposed bison may be moved interstate only as follows: (a) Movement to recognized slaugh tering establishments. Brucellosis ex posed bison may be moved interstate for slaughter accompanied by a permit or ‘‘S’’ brand permit and as follows: (1) Directly to a recognized slaugh tering establishment or directly to an approved intermediate handling facil ity and then directly to a recognized slaughtering establishment; or (2) From a farm of origin directly to a specifically approved stockyard ap proved to receive brucellosis exposed bison and then (i) Directly to a recognized slaugh tering establishment; or (ii) Directly to an approved inter mediate handling facility and then di rectly to a recognized slaughtering es tablishment. (b) Movement to quarantined feedlots. Brucellosis exposed bison may be moved directly to a quarantined feed lot or, from a farm of origin, directly to a specifically approved stockyard approved to receive brucellosis exposed bison and then directly to a quar antined feedlot. Such bison shall be ac companied by a permit or ‘‘S’’ brand permit. (c) Movement other than in accordance with paragraphs (a) or (b) of this section. Brucellosis exposed bison which are from herds known to be affected, but which are not part of a herd being de populated under part 51 of this chapter, may move without further restriction under this subpart if the bison: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00326 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 317 Animal and Plant Health Inspection Service, USDA § 78.30 (1) Are under 6 months of age and were weaned from brucellosis reactor or brucellosis exposed bison not less than 30 days immediately preceding interstate movement; or (2) Are under 6 months of age and nursing brucellosis exposed bison in a herd subjected to a herd blood test within 10 days prior to interstate movement; or (3) Are official vaccinates under 1 year of age from a herd following an approved individual herd plan. (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 78 FR 2070, Jan. 9, 2013] § 78.24 Bison from herds not known to be affected. Bison from herds not known to be af fected may be moved interstate only as follows: (a) Movement to recognized slaugh tering establishments. Bison from herds not known to be affected may be moved directly to a recognized slaughtering establishment without further restric tion under this subpart. (b) Movement to quarantined feedlots. Bison from herds not known to be af fected may be moved directly to a quarantined feedlot without further re striction under this subpart. (c) Movement from public zoo to public zoo. Bison from herds not known to be affected may be moved from a zoo owned by a governmental agency to an other such zoo if handled in accordance with § 78.3. (d) Movement other than in accordance with paragraphs (a), (b), or (c) of this sec tion. Bison from herds not known to be affected may be moved interstate other than in accordance with paragraphs (a), (b), or (c) of this section only as follows: (1) Such bison under 6 months of age may be moved interstate when accom panied by an ICVI. (2) Such bison which are official vac cinates under 2 years of age and are not parturient or postparturient may be moved interstate when accompanied by an ICVI. (3) Such bison may be moved inter state if they are negative to an official test within 30 days prior to such move ment and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, the dates and results of the official tests. (4) Such bison may be moved inter state if they originate in a certified brucellosis-free herd and are accom panied by an ICVI which states, in ad dition to the items specified in § 78.1, that the bison originated in a certified brucellosis-free herd. (Approved by the Office of Management and Budget under control number 0579–0047) [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58639, Nov. 21, 1991; 78 FR 2070, Jan. 9, 2013] § 78.25 Other movements. The Administrator may, upon re quest in specific cases, permit the interstate movement of bison not oth erwise provided for in this subpart, under such conditions as the Adminis trator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] §§ 78.26–78.29 [Reserved] Subpart D—Restrictions on Inter state Movement of Swine Be cause of Brucellosis § 78.30 General restrictions. (a) Brucellosis reactor swine, brucel losis exposed swine, feral swine, sows, and boars may not be moved interstate or in interstate commerce except in compliance with this subpart. (b) Each person who causes the move ment of swine in interstate commerce is responsible for the identification of the swine as required by this subpart. No such person shall remove or tamper with or cause the removal of or tam pering with an identification tattoo or approved swine identification tag re quired in this subpart except at the time of slaughter, or as may be author ized by the Administrator upon request in specific cases and under such condi tions as the Administrator may impose to ensure continuing identification. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00327 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 318 9 CFR Ch. I (1–1–18 Edition) § 78.31 (c)(1) Feral swine may be moved interstate directly to slaughter if they do not come into physical contact with any domestic swine or other livestock. (2) Feral swine from monitored-nega tive populations may be moved inter state other than directly to slaughter if accompanied by a permit issued by the APHIS representative or the State animal health official in the State of origin. (3) Feral swine found negative to an official test within the 30 days prior to the interstate movement may be moved interstate other than directly to slaughter if accompanied by a permit issued by the APHIS representative or the State animal health official in the State of origin. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 59 FR 18952, Apr. 21, 1994] § 78.31 Brucellosis reactor swine. (a) Destination. Brucellosis reactor swine may be moved interstate only for immediate slaughter as follows: (1) Directly to a recognized slaugh tering establishment; or (2) Directly to a stockyard posted under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq.), or di rectly to a market agency or dealer registered under the Packers and Stockyards Act, for sale to a recog nized slaughtering eatablishment in ac cordance with the following require ments: (b) Identification. Brucellosis reactor swine shall be individually identified by attaching to the left ear a metal tag bearing a serial number and the in scription, ‘‘U.S. Reactor,’’ or a metal tag bearing a serial number designated by the State animal health official for identifying brucellosis reactors. (c) Permit. Brucellosis reactor swine shall be accompanied to destination by a permit. (d) Marking of records. Each person moving brucellosis reactor swine inter state shall, in the course of interstate movement, plainly write or stamp the words ‘‘Brucellosis Reactor’’ upon the face of any document that person pre pares in connection with such move ment. (e) Segregation en route. Brucellosis reactor swine shall not be moved inter state in any means of conveyance con taining animals which are not brucel losis reactors unless all of the animals in the shipment are for immediate slaughter, or unless the brucellosis re actor swine are kept separate from other animals by a partition securely affixed to the sides of the means of con veyance. (Approved by the Office of Management and Budget under control number 0579–0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994] § 78.32 Brucellosis exposed swine. (a) Brucellosis exposed swine may be moved interstate only if accompanied by a permit and only for immediate slaughter as follows: (1) Directly to a recognized slaugh tering establishment; or (2) Directly to a stockyard posted under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq.), or di rectly to a market agency or dealer registered under the Packers and Stockyards Act, for sale to a recog nized slaughtering establishment. (b) Brucellosis exposed swine from a herd known to be affected with brucel losis may be moved interstate from the herd known to be affected only if such swine are individually identified by at taching to the left ear a metal tag bearing a serial number and the in scription, ‘‘U.S. Reactor,’’ or a metal tag bearing a serial number designated by the State animal health official for identifying brucellosis reactors. (Approved by the Office of Management and Budget under control number 0579-0051) [59 FR 12533, Mar. 17, 1994, as amended at 59 FR 67133, Dec. 29, 1994] § 78.33 Sows and boars. (a) Sows and boars may be moved in interstate commerce for slaughter or for sale for slaughter if they are identi fied in accordance with § 71.19 of this chapter either: (1) Before being moved in interstate commerce and before being mixed with swine from any other source; or (2) After being moved in interstate commerce but before being mixed with swine from any other source only if they have been moved directly from their herd of origin to: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 319 Animal and Plant Health Inspection Service, USDA § 78.41 (i) A recognized slaughtering estab lishment; or (ii) A stockyard, market agency, or dealer operating under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq.). (b) Sows and boars may be moved in interstate commerce for breeding only if they are identified in accordance with § 71.19 of this chapter before being moved in interstate commerce and be fore being mixed with swine from any other source, and the sows and boars either: (1) Are from a validated brucellosis free herd or a validated brucellosis-free State and are accompanied by a certifi cate that states, in addition to the items specified in § 78.1, that the swine originated in a validated brucellosis free herd or a validated brucellosis-free State; or (2) Have tested negative to an official test conducted within 30 days prior to interstate movement and are accom panied by a certificate that states, in addition to the items specified in § 78.1, the dates and results of the official tests. (c) Sows and boars may be moved in interstate commerce for purposes other than slaughter or breeding without re striction under this subpart if they are identified in accordance with § 71.19 of this chapter. [62 FR 27936, May 22, 1997] § 78.34 Other movements. The Administrator may, upon re quest in specific cases, permit the movement in interstate commerce of swine not otherwise provided for in this subpart under such conditions as the Administrator may prescribe in each case to prevent the spread of bru cellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] §§ 78.35–78.39 [Reserved] Subpart E—Designation of Brucellosis Areas § 78.40 Designation of States/areas. The Administrator may amend §§ 78.41 and 78.42 to reclassify States and areas as Class Free, Class A, Class B, Class C, or quarantined when the Administrator determines that the States or areas meet the appropriate definitions in § 78.1. The Administrator may approve the division of a State into two brucellosis classification areas upon finding that: (a) The State has legislative and regulatory author ity for maintaining separate areas; (b) The State has committed resources to enforcing the different requirements in each area; (c) The State has an effec tive method for monitoring and con trolling movement of cattle across the intrastate boundary; (d) The State has defined the intrastate boundary by county lines or by recognizable geo graphic features, such as rivers and highways; and (e) Each area of the State meets the standards for the bru cellosis classification requested. The Administrator may amend § 78.43 to re classify States as validated brucellosis free States or remove such status when the Administrator determines that such States meet or do not meet the standards of a validated brucellosis free State as defined in § 78.1. In the case of any reclassification to a lower class, reclassification as a quarantined State or area, or removal of validated brucellosis-free status, the State ani mal health official of the State in volved will be notified of such reclassi fication or removal, and will be given an opportunity to present objections and arguments to the Administrator prior to the reclassification or removal taking place. [51 FR 32580, Sept. 12, 1986, as amended at 53 FR 2222, Jan. 27, 1988; 56 FR 54533, Oct. 22, 1991; 56 FR 55803, Oct. 30, 1991] § 78.41 State/area classification. (a) Class Free. Alabama, Alaska, Ari zona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Geor gia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00329 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 320 9 CFR Ch. I (1–1–18 Edition) § 78.42 Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Mis souri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mex ico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Is land, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Vir gin Islands, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. (b) Class A. None. (c) Class B. None. [51 FR 32580, Sept. 12, 1986] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 78.41, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 78.42 Quarantined areas. None. § 78.43 Validated brucellosis-free States. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mary land, Massachusetts, Michigan, Min nesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Caro lina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Vir ginia, Washington, West Virginia, Wis consin, Wyoming. [53 FR 4382, Feb. 16, 1988; 53 FR 21979, June 13, 1988] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 78.43, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. PART 79—SCRAPIE IN SHEEP AND GOATS Sec. 79.1 Definitions. 79.2 Identification of sheep and goats in interstate commerce. 79.3 General restrictions. 79.4 Designation of scrapie-positive ani mals, high-risk animals, exposed ani mals, suspect animals, exposed flocks, infected flocks, noncompliant flocks, and source flocks; notice to owners. 79.5 Issuance of certificates. 79.6 Standards for States to qualify as Con sistent States. 79.7 Waiver of requirements for scrapie con trol pilot projects. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 66 FR 43990, Aug. 21, 2001, unless otherwise noted. § 79.1 Definitions. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in subchapters B, C, and D of this chap ter. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any employee of the United States Department of Agri culture authorized to act for the Ad ministrator. Animal. A sheep or goat. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States providing a nationally unique identification number for each animal. The AIN contains 15 digits, with the first 3 being the country code (840 for the United States), the alpha characters USA, or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing. The AIN beginning with the 840 prefix may be used only on animals born in the United States. APHIS representative. An individual employed by APHIS in animal health activities who is authorized by the Ad ministrator to perform the function in volved. Approved laboratory. A laboratory ap proved by the Administrator in accord ance with § 54.11 of this chapter to con duct one or more scrapie tests, or geno type tests, on one or more tissues. Area veterinarian in charge. The vet erinary official of APHIS who is as signed by the Administrator to super vise and perform the official animal VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00330 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 321 Animal and Plant Health Inspection Service, USDA § 79.1 health work of APHIS in the State con cerned. Blackfaced sheep. Any purebred suf folk, hampshire, shropshire or cross thereof, any non-purebred sheep known to have suffolk, hampshire, or shrop shire ancestors, and any non-purebred sheep of unknown ancestry with a black face, except commercial hair sheep. Breed association and registries. Orga nizations listed in § 151.9 of this chapter that maintain the permanent records of ancestry or pedigrees of animals (in cluding the animal’s sire and dam), in dividual identification of animals, and ownership of animals. Certificate. An official document issued in accordance with § 79.5 by an APHIS representative, State represent ative, or accredited veterinarian at the point of origin of an interstate move ment of animals. Commercial hair sheep. Any commer cial sheep with hair rather than wool that is either a full-blooded hair sheep or that resulted from the cross of a hair sheep with a whitefaced wool sheep. Commercial sheep or goat. Any animal from a flock from which animals are moved only either directly to slaughter or through slaughter channels to slaughter or any animal that is raised only for meat or fiber production and that is not registered with a sheep or goat registry or used for exhibition. Commingle, commingled, commingling. Animals grouped together and having physical contact with each other, in cluding contact through a fence, but not limited contacts. Commingling also includes sharing the same section in a transportation unit where there is physical contact. Consistent State. (1) A State that the Administrator has determined con ducts an active State scrapie control program that either: (i) Meets the requirements of § 79.6; or (ii) Effectively enforces a State de signed plan that the Administrator de termines is at least as effective in con trolling scrapie as the requirements of § 79.6. (2) The Administrator has deter mined the following States to be Con sistent States: Alabama, Alaska, Ari zona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Geor gia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Mis souri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mex ico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Wash ington, West Virginia, Wisconsin, and Wyoming. Designated scrapie epidemiologist. An epidemiologist who has demonstrated the knowledge and ability to perform the functions required and who has been selected by the State animal health official and the area veteri narian in charge. The regional epi demiologist and the APHIS National Scrapie Program Coordinator must concur in the selection and appoint ment of the designated scrapie epi demiologist. The designated scrapie epidemiologist must satisfactorily complete training designated by APHIS. Direct movement to slaughter. Trans ported to a facility for slaughter, with out stops or unloading except for feed ing and watering during which the ani mals are not commingled with any other animals. Electronic implant. Any radio fre quency identification implant device approved for use in the scrapie program by the Administrator. The Adminis trator will approve an electronic im plant after determining that it is tam per resistant, not harmful to the ani mal, and readable by equipment avail able to APHIS and State representa tives. Exposed animal. (1) Any animal that has been in the same flock at the same time as a scrapie-positive female ani mal, excluding limited contacts; or (2) Any animal born in a flock after a scrapie-positive animal was born into that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan; or (3) Any animal that was commingled with a scrapie-positive female animal during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 322 9 CFR Ch. I (1–1–18 Edition) § 79.1 or that was commingled with any other scrapie-positive female animal for 24 hours or more, including during activi ties such as shows and sales or while in marketing channels; or (4) Any animal in a noncompliant flock. Exposed flock. Any flock in which a scrapie-positive animal was born or lambed. Any flock that currently con tains a female high-risk, exposed, or suspect animal, or that once contained a female high-risk, exposed, or suspect animal that lambed in the flock and from which tissues were not submitted for official testing and found negative. A flock that has completed a post-ex posure management and monitoring plan following the exposure will no longer be an exposed flock. Flock. All animals that are main tained on a single premises and all ani mals under common ownership or su pervision on two or more premises with animal interchange between the prem ises. Changes in ownership of part or all of a flock do not change the iden tity of the flock or the regulatory re quirements applicable to the flock. Animals maintained temporarily on a premises for activities such as shows and sales or while in marketing chan nels are not a flock. More than one flock may be maintained on a single premises if: (1) The flocks are enrolled as sepa rate flocks in the SFCP; or (2) A State or APHIS representative determines, based upon examination of flock records, that: (i) There is no interchange of animals between the flocks; (ii) The flocks never commingle and are kept at least 30 feet apart at all times or are separated by a solid wall through, over, or under which fluids cannot pass and through which contact cannot occur; (iii) The flocks have separate flock records and identification; (iv) The flocks have separate lambing facilities, including buildings and pas tures, and a pasture or building used for lambing by one flock is not used by the other flock at any time; and (v) The flocks do not share equip ment without cleaning and disinfection in accordance with § 54.7(e) of this chapter. Additional guidance on ac ceptable means of cleaning and dis infection is also available in the Scrapie Flock Certification Program standards and the Scrapie Eradication Uniform Methods and Rules. Flock of origin. The flock in which an animal most recently resided in which it either was born, gave birth, or was used for breeding purposes. The deter mination of an animal’s flock of origin may be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records. Flock plan. A written flock manage ment agreement signed by the owner of a flock, the accredited veterinarian, if one is employed by the owner, and a State or APHIS representative in which each participant agrees to un dertake actions specified in the flock plan to control the spread of scrapie from, and eradicate scrapie in, an in fected flock or source flock or to re duce the risk of the occurrence of scrapie in a flock that contains a high risk or an exposed animal. As part of a flock plan, the flock owner must pro vide the facilities and personnel needed to carry out the requirements of the flock plan. The flock plan must include the requirements in § 54.8(a)(f) of this chapter. High-risk animal. A sexually intact animal, excluding male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test, that is: (1) The progeny of a scrapie-positive dam; or (2) Born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the prog eny of the scrapie-positive dam are from separate contemporary lambing groups; or (3) Born in the same flock during the same lambing season that a scrapie positive animal was born, or during any subsequent lambing season, if born before that flock completes the re quirements of a flock plan; or (4) An exposed female sheep that has not tested QR, HR, or RR at codon 171 using an official genotype test. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 323 Animal and Plant Health Inspection Service, USDA § 79.1 1 The names and addresses of laboratories approved by the Administrator to conduct live-animal screening tests will be published in the Notices Section of the FEDERAL REG ISTER. A list of approved laboratories is also available upon request from the Animal and Plant Health Inspection Service, Veterinary Services, National Animal Health Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737–1235. State, Federal, and university lab oratories will be approved by the Adminis trator when he or she determines that the laboratory: (a) Employs personnel trained by the National Veterinary Services Labora tories assigned to supervise the testing; (b) follows standard test protocols; (c) meets check test proficiency requirements; and (d) will report all test results to State and Fed eral animal health officials. Before the Ad ministrator may withdraw approval of any laboratory for failure to meet any of these conditions, the Administrator will give writ ten notice of the proposed withdrawal to the director of the laboratory, and will give the director an opportunity to respond. If there are conflicts as to any material fact, a hear ing will be held to resolve the conflicts. Inconsistent State. Any State other than a Consistent State. Infected flock. The flock of origin of a female animal that a State or APHIS representative has determined to be a scrapie-positive animal; or any flock in which a State or APHIS representative has determined that a scrapie-positive female animal has resided unless an epidemiologic investigation conducted by a State or APHIS representative shows that the animal did not lamb or abort in the flock. A flock will no longer be considered an infected flock after it has completed the require ments of a flock plan. Interstate commerce. Trade, traffic, transportation, or other commerce be tween a place in a State and any place outside of that State, or between points within a State but through any place outside that State. Limited contacts. Incidental contacts between animals from different flocks off the flock’s premises such as at fairs, shows, exhibitions and sales; between ewes being inseminated, flushed, or im planted; or between rams at ram test or collection stations. Embryo transfer and artificial insemination equipment and surgical tools must be sterilized between animals for these contacts to be considered limited contacts. Lim ited contacts do not include any con tact, incidental or otherwise, with ani mals in the same flock or with an ani mal during or up to 30 days after she lambed, kidded or aborted or when there is any visible vaginal discharge. Limited contacts do not include any activity where uninhibited contact oc curs, such as sharing an enclosure, sharing a section of a transport vehi cle, or residing in other flocks for breeding or other purposes. Examples of limited contacts may be found in the Scrapie Flock Certification Program standards. Live-animal screening test. Any test for the diagnosis of scrapie in a live ani mal that is approved by the Adminis trator as usually reliable but not defin itive for diagnosing scrapie, and that is conducted in a laboratory approved by the Administrator. 1 Low-risk commercial sheep. Commer cial whitefaced, whitefaced cross, or commercial hair sheep from a flock with no known risk factors for scrapie, including any exposure to female blackfaced sheep, that are identified with a legible permanent brand or earnotch pattern registered with an of ficial brand registry and that are not scrapie-positive, suspect, high-risk, or exposed animals and are not animals from an infected, source, or exposed flock. The term brand includes official brand registry brands on eartags in those States whose brand law or regu lation recognizes brands placed on eartags as official brands. Low-risk commercial sheep may only exist in a State where scrapie has not been diag nosed in the previous 10 years in com mercial whitefaced, whitefaced cross, or commercial hair sheep that were not commingled with female blackfaced sheep. Low-risk goat. A goat that is not a scrapie-positive, suspect, high-risk, or exposed animal, that has not been com mingled with sheep, and that is from: (1) A State in which scrapie has not been identified in a goat during the previous 10 years; (2) A State in which scrapie has been identified in a goat during the previous 10 years, but the scrapie-positive goat was not born in the State and resided in the State for less than 54 months and did not kid while in the State; or, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 324 9 CFR Ch. I (1–1–18 Edition) § 79.1 (3) A State in which scrapie has been identified in a goat during the previous 10 years, and the scrapie-positive goat was commingled with sheep, but flock records allowed a complete epidemio logic investigation to be completed and all resulting infected, source, and ex posed goat herds have completed flock plans and are in compliance with post exposure monitoring plans. National Scrapie Database. A database designated by the Administrator in which APHIS and State animal health agencies cooperatively enter data con cerning scrapie outbreaks, flocks and premises affected by scrapie, individual animal identification and premises identification data, and other data to support the Scrapie Eradication Pro gram and the Scrapie Flock Certifi cation Program. Noncompliant flock. (1) Any source or infected flock whose owner declines to enter into a flock plan or post-exposure management and monitoring plan agreement within 30 days of being so designated, or whose owner is not in compliance with either agreement; (2) Any exposed flock whose owner fails to make animals available for testing within 60 days of notification, or as mutually agreed, or whose owner fails to submit required postmortem samples; (3) Any flock whose owner has mis represented, or who employs a person who has misrepresented, the scrapie status of an animal or any other infor mation on a certificate, permit, owner statement, or other official document within the last 5 years; or (4) Any flock whose owner or man ager has moved, or who employs a per son who has moved, an animal in viola tion of this chapter within the last 5 years. Official eartag. An identification tag providing unique identification for in dividual animals. An official eartag which contains or displays an AIN with an 840 prefix must bear the U.S. shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resistant and have a high retention rate in the animal. Offi cial eartags must adhere to one of the following numbering systems: (1) National Uniform Eartagging Sys tem. (2) Animal identification number (AIN). (3) Premises-based number system. The premises-based number system combines an official premises identi fication number (PIN), as defined in this section, with a producer’s live stock production numbering system to provide a unique identification num ber. The PIN and the production num ber must both appear on the official tag. (4) Any other numbering system ap proved by the Administrator for the identification of animals in commerce. Official genotype test. Any test to de termine the genotype of a live or dead animal that is conducted at either an approved laboratory or at the National Veterinary Services Laboratories, when the animal is officially identified and the samples used for the test are collected and shipped to the laboratory by either an accredited veterinarian or a State or APHIS representative. Official identification. Identification mark or device approved by APHIS for use in the Scrapie Eradication Pro gram. Examples are listed in § 79.2(a)(2). Official identification device or method. A means of officially identifying an animal or group of animals using de vices or methods approved by the Ad ministrator, including, but not limited to, official tags, tattoos, and registered brands when accompanied by a certifi cate of inspection from a recognized brand inspection authority. Official test. Any test for the diag nosis of scrapie in a live or dead animal that is approved by the Administrator for that use and conducted either at an approved laboratory or at the National Veterinary Services Laboratories. Owner. A person, partnership, com pany, corporation, or any other legal entity who has legal or rightful title to animals, whether or not they are sub ject to a mortgage. Owner statement. A written statement by the owner that includes the owner’s name, signature, address, and phone number, date the animals left the flock of origin, the premises identification VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 325 Animal and Plant Health Inspection Service, USDA § 79.1 number assigned to the premises, the number of animals, the premises por tion of the premises identification if premises identification is used, and a statement that the animals were either born or were used for breeding purposes on the premises to which the premises identification is assigned. Ownership brand. A unique perma nent legible brand or earnotch pattern applied to an animal that indicates ownership by a particular person when the brand pattern is registered with a State’s official brand recording agency. Permit. An official document issued in connection with the interstate move ment of animals (VS Form 1–27 or a State form that contains the same in formation) that is issued by an APHIS representative, State representative, or an accredited veterinarian authorized to sign such permits. A new permit is required for each change in destination for an animal. A permit lists the own er’s name and address; points of origin and destination; number of animals covered; purpose of the movement; whether the animals are from an ex posed, noncompliant, infected, or source flock; whether the animal is a high-risk, exposed, scrapie-positive, or scrapie suspect animal; transportation vehicle license number or other identi fication number; and seal number (if a seal is required). A permit also lists all official identification on the animals covered, including the official eartag number, individual animal registered breed association registration tattoo, individual animal registered breed as sociation registration brand, United States Department of Agriculture backtag (when applied serially, only the beginning and the ending numbers need be recorded), individual animal registered breed association registra tion number, or any other form of offi cial identification present on the ani mal. Premises identification. An APHIS ap proved eartag, backtag, or legible tat too bearing the premises identification number (PIN), as defined in this sec tion, or a flock identification number, or a legible permanent brand or ear notch pattern registered with an offi cial brand registry. Premises identi fication may be used when official indi vidual animal identification is re quired, if the premises identification method either includes a unique ani mal number or is used in conjunction with the producer’s livestock produc tion numbering system to provide a unique identification number and where, if brands or ear notches are used, the animals are accompanied by an official brand inspection certificate. Clearly visible and/or legible paint brands may be used on animals moving directly to slaughter and on animals moving for grazing or other manage ment purposes without change in own ership. Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health author ity, a geographically distinct location from other premises. The premises identification number is associated with an address, geospatial coordi nates, and/or other location descriptors which provide a verifiably unique loca tion. The premises identification num ber may be used in conjunction with a producer’s own livestock production numbering system to provide a unique identification number for an animal. The premises identification number may consist of: (1) The State’s two-letter postal ab breviation followed by the premises’ assigned number; or (2) A seven-character alphanumeric code, with the right-most character being a check digit. The check digit number is based upon the ISO 7064 Mod 36/37 check digit algorithm. Scrapie Eradication Program. The co operative State-Federal program ad ministered by APHIS and Consistent States to control and eradicate scrapie. Scrapie Eradication Uniform Methods and Rules (UM&R). Cooperative proce dures and standards adopted by APHIS and Consistent States for controlling and eradicating scrapie. The UM&R will be reviewed at least annually by representatives of the livestock indus try, appropriate State and Federal agencies, and the public and will be drafted, revised, and published as need ed by APHIS. Scrapie Flock Certification Program (SFCP). The cooperative Federal-State VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 326 9 CFR Ch. I (1–1–18 Edition) § 79.1 2 Individual copies of the SFCP standards may be obtained on the World Wide Web at URL http://www.aphis.usda.gov/vs, or from the Animal and Plant Health Inspection Service, National Animal Health Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737–1235. 3 The names and addresses of laboratories approved by the Administrator to conduct tests are published in the Notices Section of the FEDERAL REGISTER. A list of approved laboratories is also available upon request from the Animal and Plant Health Inspec tion Service, Veterinary Services, National Animal Health Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737–1235. State, Federal, and university laboratories will be approved by the Administrator when he or she determines that the laboratory: (a) Employs personnel trained by the National Veterinary Services Laboratories assigned to supervise the testing; (b) follows standard test protocols; (c) meets check test pro ficiency requirements; and (d) will report all test results to State and Federal animal health officials. Before the Administrator may withdraw approval of any laboratory for failure to meet any of these conditions, the Administrator must give written notice of the proposed withdrawal to the director of the laboratory and must give the director an opportunity to respond. If there are conflicts as to any material fact, a hearing will be held to resolve the conflict. industry voluntary program for the control of scrapie conducted in accord ance with subpart B of part 54 of this chapter. Scrapie Flock Certification Program standards. Cooperative procedures and standards adopted by APHIS and State Scrapie Certification Boards for reduc ing the incidence and controlling the spread of scrapie through flock certifi cation. 2 Scrapie-positive animal. An animal for which a diagnosis of scrapie has been made by the National Veterinary Serv ices Laboratories or another labora tory authorized by the Administrator to conduct scrapie tests in accordance with this chapter, through: (1) Histopathological examination of central nervous system (CNS) tissues from the animal for characteristic mi croscopic lesions of scrapie; (2) The use of proteinase-resistant protein analysis methods including but not limited to immunohistochemistry and/or western blotting on CNS and/or peripheral tissue samples from a live or a dead animal for which a given meth od has been approved by the Adminis trator for use on that tissue; (3) Bioassay; (4) Scrapie associated fibrils (SAF) detected by electron microscopy; or (5) Any other test method approved by the Administrator in accordance with § 54.10 of this chapter. 3 Separate contemporary lambing groups. To be a separate contemporary lambing group, the group must be maintained separately such that the animals cannot come into physical contact with other lambs, kids, ewes or does or birth fluids or placenta from other ewes or does. This separate main tenance must preclude contact through a fence, during lambing and for 60 days following the date the last lamb or kid is born in a lambing season, and must preclude using the same lambing facil ity as other ewes or does, unless the lambing facility is cleaned and dis infected under supervision by an APHIS representative, State represent ative, or an accredited veterinarian be tween lambings in accordance with § 54.7(e) of this chapter. Additional guidance on acceptable means of clean ing and disinfection is also available in the Scrapie Flock Certification Pro gram standards and the Scrapie Eradi cation Uniform Methods and Rules. The flock owner must maintain ade quate records to document which ani mals were maintained in each contem porary lambing group and to document when cleaning and disinfection was performed and who supervised it. Slaughter channels. Animals in slaughter channels include any animal that is sold, transferred, or moved ei ther directly to a slaughter facility, to an individual for custom slaughter, or for feeding for the express purpose of improving the animals’ condition for movement to slaughter. Any sexually intact animal that is commingled with breeding animals or that has been bred is not in slaughter channels. When sell ing animals for slaughter, owners should note on the bill of sale that the animals are sold only for slaughter. Source flock. A flock in which a State or APHIS representative has deter mined that at least one animal was born that was diagnosed as a scrapie positive animal at an age of 72 months VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 327 Animal and Plant Health Inspection Service, USDA § 79.1 or less. The determination that an ani mal was born in a flock will be based on such information as the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evi dence, such as registry records, to show that a scrapie-positive animal was born in the flock, combined with the ab sence of records indicating that the animal was purchased from outside and added to the flock. If DNA from the animal was previously collected by an accredited veterinarian and stored at an approved genotyping laboratory, or if DNA collection and storage are re quired for breed registration and the breed registration has appropriate safe guards in place to ensure the integrity of the banking process, the owner may request verification of the animal’s identity based on DNA comparison if adequate records and identification have been maintained by the owner and the repository to show that the archived DNA is that of the animal that has been traced to the flock. The owner will be responsible for all costs for the DNA comparison. A flock will no longer be a source flock after it has completed the requirements of a flock plan. State. Each of the 50 States, the Dis trict of Columbia, the Northern Mar iana Islands, Puerto Rico, and all terri tories or possessions of the United States. State representative. An individual em ployed in animal health activities by a State or a political subdivision of a State and who is authorized by the State or political subdivision to per form the function involved. Suspect animal. An animal will be des ignated a suspect animal in accordance with § 79.4 if it is: (1) A sheep or goat that exhibits any of the following possible signs of scrapie and that has been determined to be suspicious for scrapie by an ac credited veterinarian or a State or APHIS representative: Weight loss de spite retention of appetite; behavioral abnormalities; pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny hop movement of rear legs, or swaying of back end; increased sensitivity to noise and sudden move ment; tremor, ‘‘star gazing,’’ head pressing, recumbency, or other signs of neurological disease or chronic wast ing. (2) A sheep or goat that has tested positive for scrapie or for the pro teinase resistant protein associated with scrapie on a live-animal screening test or any other test, unless the ani mal is designated a scrapie-positive animal. (3) A sheep or goat that has tested in conclusive or suggestive on an official test for scrapie. Terminal feedlot. (1) A dry lot ap proved by a State or APHIS represent ative or an accredited veterinarian au thorized to perform this function where animals are separated from all other animals by at least 30 feet at all times or are separated by a solid wall through, over, or under which fluids cannot pass and contact cannot occur and from which animals are moved only to another terminal feedlot or di rectly to slaughter; or (2) A pasture when approved by and maintained under the supervision of the State and in which only nonpreg nant animals are permitted, where there is no direct fence-to-fence con tact with another flock, and from which animals are moved only to an other terminal feedlot or directly to slaughter. (3) Records of all animals entering and leaving a terminal feedlot must be maintained for 1 year after the animal leaves the feedlot and must include the person from whom the animals were acquired and the slaughtering facility in which they were slaughtered. Records must be made available for in spection by an APHIS or State rep resentative upon request. United States. All of the States. Unofficial test. Any test for the diag nosis of scrapie or for the detection of the proteinase resistant protein associ ated with scrapie in a live or dead ani mal that either has not been approved by the Administrator or that was not conducted at an approved laboratory or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 328 9 CFR Ch. I (1–1–18 Edition) § 79.2 at the National Veterinary Services Laboratories. [66 FR 43990, Aug. 21, 2001, as amended at 69 FR 64650, Nov. 8, 2004; 72 FR 39306, July 18, 2007; 73 FR 54062, Sept. 18, 2008] § 79.2 Identification of sheep and goats in interstate commerce. (a) No sheep or goat that is required to be individually identified or prem ises identified by § 79.3 may be sold, transported, received for transpor tation, or offered for sale or transpor tation in interstate commerce unless each sheep or goat is identified in ac cordance with this section. (1) The sheep or goat must be identi fied to its flock of origin and, for an animal born after January 1, 2002, to its flock of birth, by the owner of the flock or his or her agent; at whichever of the following points in commerce comes first, Except that; animals born after January 1, 2002, may be moved interstate direct to slaughter without identification to flock of birth until June 1, 2003, and animals that cannot be identified to their flock of origin be cause Consistent States have exempted them from flock of origin identifica tion in intrastate commerce in accord ance with § 79.6(a)(10)(i) may be moved interstate with only individual animal identification traceable to the State of origin and to the owner of the animals at the time they were so identified: (i) The point of first commingling of the sheep or goats in interstate com merce with sheep or goats from any other flock of origin; (ii) Upon unloading of the sheep or goats in interstate commerce at any livestock market, except a market de scribed in paragraph (a)(1)(iii) of this section; (iii) Upon leaving a livestock market that has been approved in accordance with this chapter to handle sheep and goats in interstate commerce and that has agreed to act as an agent for the owner to apply official identification to the animals. In such cases the ani mals must be: (A) Moved to the market and main tained until officially identified in dis tinguishable groups identifiable to their flocks of origin and when re quired their flock of birth by means of partitions or other such maintenance; and, (B) Accompanied by an owner state ment that contains the information needed to officially identify the ani mals to their flock of origin and, when required, their flock of birth; (iv) Upon transfer of ownership of the sheep or goats in interstate commerce; (v) In the case of animals shipped di rectly to slaughter at a slaughter plant that has agreed to act as an agent for the owner to apply official identifica tion to the animals, upon arrival of the sheep or goats in interstate commerce at the slaughter plant. In such cases the animals must be: (A) Moved to the slaughter plant and maintained until officially identified in distinguishable groups identifiable to their flocks of origin and when re quired their flock of birth by means of partitions or other such maintenance; and, (B) Accompanied by an owner state ment that contains the information needed to officially identify the ani mals to their flock of origin and, when required, their flock of birth. If the slaughter plant has agreed to allow APHIS to conduct slaughter sampling, animals need not be identified if they arrive at the plant on days that an APHIS designated sampler is not avail able at the plant to collect samples; or (vi) Prior to moving a sheep or goat across a State line, unless the animals are moving to an approved livestock market in accordance with paragraph (a)(1)(iii) of this section or to an ap proved slaughter plant in accordance with paragraph (a)(1)(v) of this section. (2) The sheep or goats must be identi fied by one of the following means of identification, and must remain so identified until they reach their final destination: (i) Electronic implants for animals required to be identified by the SFCP, when used in a flock participating in the SFCP and when accompanied by a certificate or owner statement that in cludes the electronic implant numbers and the name of the chip manufac turer; (ii) Official eartags, including tags approved for use in the SFCP or APHIS-approved premises identifica tion number eartags when combined VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 329 Animal and Plant Health Inspection Service, USDA § 79.2 with a unique animal identification number; (iii) United States Department of Ag riculture backtags or official premises identification backtags that include a unique animal identification number, when used on sheep or goats moving di rectly to slaughter and when applied within 3 inches of the poll on the dorsal surface of the head or neck; (iv) Legible official registry tattoos that have been recorded in the book of record of a sheep or goat registry asso ciation when the animal is accom panied by either a registration certifi cate or a certificate of veterinary in spection. These tattoos may also be used as premises identification if they contain a unique premises prefix that has been linked in the National Scrapie Database with the assigned premises identification number of the flock of origin; (v) Premises identification eartags or tattoos, if the premises identification method includes a unique animal num ber or is combined with a flock eartag that has a unique animal number and the animal is accompanied by an owner statement; (vi) Premises identification when premises identification is allowed by § 79.3 and the animal is accompanied by an owner statement; or (vii) Any other official identification method or device approved by the Ad ministrator. (3) The owner of the flock of origin is responsible for the identification of animals required to be identified by this section. No person who buys or sells, for his or her own account or as the agent of the buyer or seller, trans ports, receives for transportation, of fers for sale or transportation, or oth erwise handles sheep or goats in inter state commerce shall receive or other wise handle any animal in interstate commerce that has not been identified as required by this section. If an ani mal loses its identification to its flock of origin while in interstate commerce it is the responsibility of the person who has control or possession of the animal to identify the animal prior to commingling it with any other ani mals. This shall be done by applying individual animal identification to the animal as required in paragraph (a)(2) of this section and recording the means of identification and the corresponding animal identification number. If the flock of origin cannot be determined, all possible flocks of origin shall be listed on the record. (b) Serial numbers for use in official identification will be assigned to each person who applies to the State animal health official or the area veterinarian in charge for the State in which that person maintains his or her place of business. Serial numbers of official eartags will be assigned to each accred ited veterinarian or State or APHIS representative who requests official eartags from the State animal health official or the area veterinarian in charge, whoever is responsible for issuing official eartags in that State. The official responsible for issuing eartags in a State may assign serial numbers of official eartags to other re sponsible persons, such as 4–H leaders, if the State animal health official and the area veterinarian in charge agree that such assignments will improve scrapie control and eradication within the State. Persons assigned serial num bers may either directly apply eartags to animals, or may reassign eartag numbers to producers. If these persons reassign eartag numbers, they must maintain appropriate records that per mit traceback of animals to their flock of origin, or flock of birth when re quired. Premises identification eartag, backtag, and tattoo numbers (series of alphanumeric USDA tags and backtags may be assigned as premises identifica tion if they are linked to the premises in the National Scrapie Database) will be assigned to animal owners by the State animal health official or the area veterinarian in charge, whoever is re sponsible for assigning premises codes in that State. Persons assigned serial numbers of United States Department of Agriculture backtags, official sheep and goat tattoos, official eartags, and premises identification numbers must: (1) If the person assigned the num bers is a flock owner, so that the as signed numbers are directly linked to the flock of origin in the national scrapie database, record the following information on a document: (i) The premises identification num ber or serial numbers; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 330 9 CFR Ch. I (1–1–18 Edition) § 79.2 (ii) The number of animals so identi fied; (iii) The date the animals were iden tified; (iv) For animals born after January 1, 2002, that were not born in the flock of origin and that are not identified to the previous flock of origin, the indi vidual identification number applied and the name, street address, including the city and State, or the township, county, and State, and the telephone number, if the telephone number is available, of the flock of birth if known. (2) If the person assigned the num bers is a veterinarian, extension agent, auction market operator, dealer, or any person other than the owner of the flock of origin, record the following in formation on a document: (i) All serial numbers applied to a sheep or goat; (ii) Any other serial numbers and ap proved identification appearing on the sheep or goat; (iii) The street address, including the city and State, or the township, coun ty, and State, of the premises where the approved means of identification was applied; (iv) The date the identification was applied; (v) The name, street address, includ ing the city and State, or the township, county, and State, and the telephone number if the telephone number is available, of the owner of the flock of origin and, if different, the person who owns or possesses the sheep or goat, and (vi) For animals born after January 1, 2002, that were not born in the flock of origin and that are not identified to the previous flock of origin, the indi vidual identification number applied and the name, street address, including the city and State, or the township, county, and State, and the telephone number if the telephone number is available, of the flock of birth if known. (vii) The serial numbers, the manu facturer, and the type and color of all official tags received. Usually main taining the tag invoice will meet this requirement. (3) Maintain these records for 5 years; and (4) Make these records available for inspection and copying during ordinary business hours (8 a.m. to 5:30 p.m., Monday through Friday) upon request by any authorized employee of the United States Department of Agri culture or the State, and presentation of his or her official credentials. (5) Any person who fails to comply with these requirements shall not be assigned serial numbers of United States Department of Agriculture backtags, official sheep and goat tat toos, official eartags, or premises iden tification numbers. If a person who is not in compliance with these require ments has already been assigned such serial numbers, the Administrator may withdraw the assignment by giving no tice to such person. After such notice the person shall be subject to criminal and civil penalties if he continues to use those assigned serial numbers. (c) No person shall apply a premises identification number or a brand or earnotch pattern to an animal that did not originate on the premises to which the number was assigned by a State or APHIS representative or to which the brand or earnotch pattern has been as signed by an official brand registry. This includes individual identification such as USDA tags and backtags that have been assigned to a premises for use as premises identification and reg istration tattoos that contain prefixes that have been assigned to a premises for use as premises identification. This does not preclude the owner of a flock from using a premises identification number tag assigned to that flock on an animal owned by him that resides in that flock but that was born or pre viously resided on a different premises as long as the records required in para graph (b)(1)(iv) of this section are maintained. (d) Each person who buys or sells, for his or her own account or as the agent of the buyer or seller, transports, re ceives for transportation, offers for sale or transportation, or otherwise handles sheep or goats in interstate commerce must ensure that the ani mals are identified as required in this part and must keep records relating to the transfer of ownership, shipment, or handling of the sheep or goats, such as VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 331 Animal and Plant Health Inspection Service, USDA § 79.2 yarding receipts, sale tickets, invoices, and waybills. (1) If official individual animal iden tification is required, the records must include the number of sheep and/or goats; the breed or cross if known; the name, street address, including city and State, or the township, county, and State, and the telephone number if the telephone number is available, of the owner of the flock of origin and, if dif ferent, the person from whom the sheep or goats were purchased or otherwise obtained; and a copy of any documents required to accompany the animal in cluding any certificate, owner state ment, letter, or permit; and (i) For animals not in slaughter channels the records must include all serial numbers and other approved means of identification appearing on the sheep or goat. This requirement may usually be met by maintaining a copy of the certificate that accom panied the animals. The premises num ber may be recorded instead of the in dividual numbers in the case of ani mals identified with premises identi fication if: (A) The premises identification meets the requirements of paragraph (a)(2)(v) of this section for individual animal identification; or (B) The animals are allowed to move interstate with only premises identi fication in accordance with § 79.3. (ii) For animals in slaughter chan nels that are identified with individual animal identification traceable to the flock of origin or that are identified to the flock of origin with official prem ises identification that meets the re quirements for individual animal iden tification, no additional records are re quired; (iii) For animals in slaughter chan nels that are identified with individual animal identification traceable to a previous flock but not to the flock of origin, or that are identified with offi cial premises identification that meets the requirements for individual animal identification that is traceable to a previous flock but not to the flock of origin, the records must include all se rial numbers and other approved means of identification appearing on the sheep or goat; (iv) For animals that are not re quired to be identified until they reach their final destination, the records must include the final destination. (2) If official premises identification is required or allowed, the records must include: (i) The premises identification num ber(s) and the number of animals iden tified with each premises number; (ii) Copies of any required documents such as the brand inspection certifi cate, an owner’s statement, an accred ited veterinarian’s statement, or a health certificate; (iii) The name, street address, includ ing city and State, or the township, county, and State, and the telephone number if the telephone number is available, of the owner of the flock of origin and, if different, the person from whom the sheep or goats were pur chased or otherwise obtained. (3) Each person required to keep records under this paragraph must maintain the records for at least 5 years after the person has sold or oth erwise disposed of the sheep or goat to another person, and for such further period as the Administrator may re quire by written notice to the person, for purposes of any investigation or ac tion involving the sheep or goat identi fied in the records. The person must make the records available for inspec tion and copying during ordinary busi ness hours (8 a.m. to 5:30 p.m., Monday through Friday) by any authorized em ployee of the United States Depart ment of Agriculture or the State, upon that employee’s request and presen tation of his or her official credentials. (e) No person may remove or tamper with any means of identification re quired to be on sheep or goats pursuant to this section while the animals are in interstate commerce, and, at the time of slaughter, animal identification must be maintained throughout post mortem inspection in accordance with regulations of the Food Safety and In spection Service, U.S. Department of Agriculture, in chapter III of this title. (f) Requirements for approval of official premises and individual identification tags. (1) The Administrator may ap prove tag companies to produce official premises and/or individual identifica tion tags for use on sheep or goats. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 332 9 CFR Ch. I (1–1–18 Edition) § 79.2 Tags may be plastic or metal and must be an appropriate size for use in sheep and goats. Tags must be able to legibly accommodate the required alpha numeric sequences. Tags must resist removal and be difficult to place on an other animal once removed, but need not be tamper-proof. Tags must be readily distinguishable as USDA offi cial sheep and goat tags, must carry the alphanumeric sequences, symbols, or logos specified by APHIS, and must have a means of discouraging counter feiting, such as use of a unique copywrited logo or trade mark. Tags for use only on animals in slaughter channels must be marked with the words ‘‘Meat’’ or ‘‘For Slaughter Only,’’ or else must be used in conjunc tion with an ear tattoo of the word ‘‘Meat.’’ (2) Written requests for approval of official premises identification tags for sheep and goats should be sent to the Animal and Plant Health Inspection Service, Veterinary Services, National Animal Health Programs Staff, Atten tion: National Scrapie Program Coordi nator, 4700 River Road Unit 43, River dale, MD 20737–1235. The request must include: (i) Data supporting the durability of the tag and durability and legibility of the identification numbers and high re tention rates of the tags in animals, preferably sheep and/or goats. Pref erence will be given to tags with high legibility and retention rates in sheep and goats that minimize injury to the ear. (ii) A signed statement agreeing to: (A) Send official eartags only to a State or APHIS representative, to a flock owner at the address to which the premises number or tag sequence was assigned by a State or APHIS rep resentative, or as directed by APHIS; (B) Provide a monthly report by State of all tags produced, including the tag sequences produced and the person’s and address to which the tags were shipped; and (C) When required by APHIS, enter the sequences of tags shipped into the National Scrapie Database through a web page interface or other means specified by APHIS. (iii) Twenty-five sample tags. Addi tional tags must be submitted if re quested by APHIS. (3) Approval to produce official prem ises and/or individual identification tags will be valid for 1 year and must be renewed annually. The Adminis trator may also grant approval to produce tags for periods of less than 1 year in cases where all of the submis sions required by this section have not been received or evaluated but there is substantial evidence that the tags meet the requirements of this section. The Administrator may decline to renew a company’s approval if the tags do not show adequate retention and du rability in field use or if any of the re quirements of this section are not met by the tag company. If a company’s tags do not show adequate retention and durability in field use or if any of the requirements of this section are not met by the tag company, the ap proval may be withdrawn with 60 days written notice. Any person who is ap proved to produce official premises or individual identification tags in ac cordance with this section and who knowingly produces tags that are not in compliance with the requirements of this section, and any person who is not approved to produce such tags but does so, shall be subject to such civil pen alties and such criminal liabilities as are provided by 18 U.S.C. 1001, 7 U.S.C. 8313, or other applicable Federal stat utes. Such action may be in addition to, or in lieu of, withdrawal of approval to produce tags. (g) New types of identification. Written requests for approval of sheep or goat identification devices and markings not listed in paragraph (a)(2) of this section should be sent to the Animal and Plant Health Inspection Service, Veterinary Services, National Animal Health Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737–1235. If the Administrator determines that the de vices and markings will provide a means of tracing sheep and goats in interstate commerce, a proposal will be published in the FEDERAL REGISTER to add the devices and markings to the list of approved means of sheep and goat identification. [66 FR 43990, Aug. 21, 2001, as amended at 68 FR 6343, Feb. 7, 2003; 69 FR 64650, Nov. 8, 2004] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 333 Animal and Plant Health Inspection Service, USDA § 79.3 § 79.3 General restrictions. The following prohibitions and move ment conditions apply to the interstate movement of sheep and goats, and no sheep or goat may move interstate ex cept in compliance with them. INTERSTATE MOVEMENT GENERAL RESTRICTIONS FOR SHEEP AND GOATS Note: A CONSISTENT STATE is one whose intrastate identification, reporting, and movement restrictions for infected and source flocks and high-risk animals are consistent with the APHIS standards for State scrapie programs. Type of interstate movement Moved from INCONSISTENT state Moved from CONSISTENT state (a) Sale or other movement of breeding animals, show animals or any other animal not specifically addressed in this chart. General Condition: No animal may be removed from slaughter chan nels in interstate commerce if it was sold at a slaughter-only auction, is identified with a tag or ear tattoo marked ‘‘meat’’ or ‘‘slaughter only,’’ or was sold with a bill of sale marked for slaughter only, and other animals may be removed from slaughter channels in interstate commerce only if they are identified to their flock of birth.— (1) High-risk, scrapie-positive, or suspect animals, or animals from a noncompliant flock. Prohibited 1 .............................................. Prohibited 1 (2) Non-high-risk animals from an infected or source flock that are not scrapie-positive or sus pect animals. Prohibited 1 .............................................. Prohibited, 1 except as allowed in an ap proved scrapie control pilot project flock plan and must meet the require ments for exposed animals. (3) Sexually intact exposed ani mals that are not scrapie-posi tive, suspect, or high-risk ani mals and are not animals from an infected or source flock. Flock must be enrolled in the Complete Monitored category of the Scrapie Flock Certification Program or equiva lent APHIS recognized program, have official individual animal identification, and a permit. 2 For any female ex posed sheep the results of an official genotype test must be included on or attached to the permit and must be QR or RR at codon 171. For any fe male animal moving for exhibition, the permit must include a statement by both the owner and the accredited vet erinarian that the animal has not lambed or aborted within 30 days of being exhibited and is not due to lamb within 30 days of being exhibited and that there is no visible vaginal dis charge. For any animal born after 1– 1–2002, the certificate must include the flock of birth and the flock of ori gin, if different. Official individual animal identification and a permit. 2 For any female ex posed sheep the results of an official genotype test must be included on or attached to the permit and must be QR or RR at codon 171. For any fe male animal moving for exhibition, the permit must include a statement by both the owner and an accredited vet erinarian that the animal has not lambed or aborted within 30 days of being exhibited and is not due to lamb within 30 days of being exhibited and that there is no visible vaginal dis charge. For any animal born after 1– 1–2002, the permit must include the flock of birth and the flock of origin, if different. (4)(i) Sexually intact sheep except as al lowed in (a)(7). (ii) Sexually intact goats, except for low-risk goats. Flock must be enrolled in the Complete Monitored category of the Scrapie Flock Certification Program or equiva lent APHIS-recognized program, have official individual animal identification, and a certificate. For any animal born after 1–1–2002, the certificate must in clude the flock of birth and the flock of origin, if different. Official individual animal identification and a certificate. For any animal born after 1–1–2002, the certificate must in clude the flock of birth and the flock of origin, if different. (5) Sexually intact low-risk goats Official individual animal identification and a certificate. For any animal born after 1–1–2002, the certificate must in clude the flock of birth and the flock of origin, if different. Official individual animal identification and a certificate. For any animal born after 1–1–2002, the certificate must in clude the flock of birth and the flock of origin, if different. (6) Castrated animals that are not scrapie-positive or suspect animals. Official individual animal identification and a certificate. None, except for exposed animals that must have official individual animal identification. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 334 9 CFR Ch. I (1–1–18 Edition) § 79.3 INTERSTATE MOVEMENT GENERAL RESTRICTIONS FOR SHEEP AND GOATS—Continued Note: A CONSISTENT STATE is one whose intrastate identification, reporting, and movement restrictions for infected and source flocks and high-risk animals are consistent with the APHIS standards for State scrapie programs. Type of interstate movement Moved from INCONSISTENT state Moved from CONSISTENT state (7) Low-risk commercial sheep .. Official individual animal identification and a certificate, and the flock must be enrolled in the Complete Monitored category of the Scrapie Flock Certifi cation Program or an equivalent APHIS-recognized program. For any animal born after 1–1–2002, the certifi cate must include the flock of birth and the flock of origin, if different. (i) Official premises identification that is a permanent brand or ear notch pat tern registered with an official brand registry; (ii) A brand inspection certificate; (iii) An owner statement dated within 30 days stating that the animals were born in the flock, that the flock does not contain any animal exhibiting signs of scrapie, that to the best of his or her knowledge the flock has no risk factors for or exposure to scrapie, and that the flock has never contained: (A) Any animal diagnosed as having scrapie; (B) any female blackfaced sheep; or (C) any female blackfaced cross sheep that were not born in the flock; and (iv) An accredited veterinarian’s state ment issued within 12 months of the date of movement indicating that, to the best of his or her knowledge, the flock has no known risk factors for or exposure to scrapie, and that he or she has inspected the flock and it does not contain: (A) Any animal ex hibiting signs of scrapie; (B) any fe male blackfaced sheep; or (C) any fe male blackfaced cross sheep that were not born in the flock. The state ments must include the owner’s name, address, and the premises identifica tion number and a drawing of the own er’s registered brand or ear notch pat tern. (8) Commercial low-risk goats. ... Official individual animal identification and a certificate. For any animal born after 1–1–2002, the certificate must in clude the flock of birth and the flock of origin, if different. None. (b) Sale or other movement directly to slaughter, through slaughter channels to slaughter, or to feedlots for later movement to slaughter of animals that are under 18 months of age as evi denced by eruption of the second inci sor, not pregnant, and have not lambed or kidded. General Condition: No ani mal may be removed from slaughter channels in interstate slaughter chan nels in interstate commerce if it was sold at a slaughter-only auction, is identified with a tag or ear tattoo marked ‘‘meat’’ or ‘‘slaughter only,’’ or was sold with a bill of sale marked for slaughter only, and other animals may be removed from slaughter channels in interstate commerce only if they are identified to their flock of birth.— (1) Scrapie-positive or suspect animal. Prohibited 1 .............................................. Prohibited. 1 (2) Sexually intact high-risk ani mals and sexually intact ani mals from infected or source flocks that are not scrapie positive or suspect animals. Official individual animal identification and a permit, or a permit and an indel ible ‘‘S’’ mark on the left jaw, or sealed conveyance and a permit. (Note: these animals may only be permitted to slaughter or to terminal feedlots. 3) Official individual animal identification and a permit, or a permit and an indel ible ‘‘S’’ mark on the left jaw, or sealed conveyance and a permit. (Note: these animals may only be permitted to slaughter or to terminal feedlots. 3) VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 335 Animal and Plant Health Inspection Service, USDA § 79.3 INTERSTATE MOVEMENT GENERAL RESTRICTIONS FOR SHEEP AND GOATS—Continued Note: A CONSISTENT STATE is one whose intrastate identification, reporting, and movement restrictions for infected and source flocks and high-risk animals are consistent with the APHIS standards for State scrapie programs. Type of interstate movement Moved from INCONSISTENT state Moved from CONSISTENT state (3) Exposed sexually intact ani mals that are not scrapie-posi tive, suspect, or high-risk. ani mals and that are not animals from an infected or source flock. Official individual animal identification for any animal that is not moving directly to slaughter or to a terminal feedlot. 3 4 (Note: pregnant animals and animals with a visible vaginal discharge may only be permitted to slaughter or to terminal feedlots.). Official individual animal identification for any animal that is not moving direct to slaughter or to a terminal feedlot. 3 4 (Note: Pregnant animals and animals with a visible vaginal discharge may only be permitted to slaughter or to terminal feedlots.) (4) Sexually intact sheep that are not scrapie-positive, sus pect, high-risk, or exposed ani mals and are not animals from an infected or source flock. Official premises identification or official individual animal identification for any animal that is not moving direct to slaughter or to a terminal feedlot. 3 None. (5) Sheep enrolled in the selec tive monitored or complete monitored category of the SFCP that are not scrapie positive, suspect, high-risk, or exposed animals. None ........................................................ None. (6) Castrated animals that are not scrapie-positive, or sus pect animals. None ........................................................ None. (7) Sexually intact goats that are not scrapie-positive, suspect, high-risk, or exposed animals and are not animals from an infected or source flock. None ........................................................ None. (c) Sale or other movement directly to slaughter, through slaughter channels to slaughter, or to feedlots for later movement to slaughter of animals that are over 18 months of age, as evi denced by eruption of the second inci sor, or that are pregnant or that have lambed or kidded. General Condition: No animal may be removed from slaughter channels in interstate com merce if it was sold at a slaughter-only auction, is identified with a tag or ear tattoo marked ‘‘meat’’ or ‘‘slaughter only,’’ or was sold with a bill of sale marked for slaughter only, and other animals may be removed from slaugh ter channels in interstate commerce only if they are identified to their flock of birth.— (1) Scrapie-positive or suspect animal. Prohibited 1 .............................................. Prohibited. 1 (2) Sexually intact high-risk ani mals and sexually intact ani mals from an infected or source flock that are not scrapie-positive, or suspect animals. Official individual animal identification and a permit, or a permit and an indel ible ‘‘S’’ mark on the left jaw, or sealed conveyance and a permit. (Note: these animals may only be permitted to slaughter or to terminal feedlots. 3 Official individual animal identification and a permit, or a permit and an indel ible ‘‘S’’ mark on the left jaw, or sealed conveyance and a permit. (Note: These animals may only be permitted to slaughter or to terminal feedlots. 3 (3) Sexually intact exposed ani mals that are not scrapie-posi tive, suspect, or high-risk ani mals and are not animals from an infected or source flock. Official individual animal identification and a permit, or a permit and an indel ible ‘‘S’’ mark on the left jaw, or sealed conveyance and a permit when mov ing directly to slaughter. (Note: preg nant animals and animals with a visi ble vaginal discharge may only be per mitted to slaughter or to terminal feedlots. 3 4 Official individual animal identification. (Note: pregnant animals and animals with a visible vaginal discharge may only be moved directly to slaughter or to terminal feedlots. 3 4 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 336 9 CFR Ch. I (1–1–18 Edition) § 79.3 INTERSTATE MOVEMENT GENERAL RESTRICTIONS FOR SHEEP AND GOATS—Continued Note: A CONSISTENT STATE is one whose intrastate identification, reporting, and movement restrictions for infected and source flocks and high-risk animals are consistent with the APHIS standards for State scrapie programs. Type of interstate movement Moved from INCONSISTENT state Moved from CONSISTENT state (4) Sheep over 18 months of age that are not scrapie-posi tive, suspect, sexually intact high-risk, or sexually intact ex posed animals and that are not sexually intact animals from an infected or source flock. Official individual animal identification and a certificate. 4. Official individual animal identification. 4 (5) Low-risk commercial sheep .. Official individual animal identification and a certificate 4. (i) Official premises identification that is a permanent legible brand or ear notch pattern registered with an official brand registry or, in the case of ani mals moving directly to slaughter, may be a legible paint brand registered with an official brand registry; (ii) A brand inspection certificate; (iii) An owner statement dated within 30 days of the movement stating that the flock does not contain any animal ex hibiting signs of scrapie, and that, to the best of his or her knowledge, the flock has no risk factors for or expo sure to scrapie and has never con tained: (A) Any animal diagnosed as having scrapie; (B) any female blackfaced sheep; or (C) any female blackfaced cross sheep that was not born in the flock; (iv) An accredited veterinarian’s state ment issued within 12 months of the date of movement indicating that, to the best of his or her knowledge, the flock has no known risk factors for or exposure to scrapie, and that he or she has inspected the flock and it does not contain: (A) Any animal ex hibiting signs of scrapie; (B) any fe male blackfaced sheep; or (C) any fe male blackfaced cross sheep that was not born in the flock. The statements must include the owner’s name, ad dress, and the premises identification number and a drawing of the owner’s registered brand or ear notch pattern. 4 (6) Goats that are not scrapie positive, suspect, sexually in tact high-risk, or sexually intact exposed animals and that are not sexually intact animals from an infected or source flock. None ........................................................ None. (d) Movement of animals for grazing or other management purposes without change of ownership.— (1) Scrapie-positive, suspect, or sexually intact high-risk ani mals. Prohibited 1 .............................................. Prohibited. 1 (2) Non-high-risk animals from an infected or source flock. Prohibited 1 .............................................. Prohibited, 1 except as allowed in an ap proved scrapie control pilot project flock plan and must meet the require ments for exposed animals. (3) Sexually intact exposed ani mals that are not scrapie-posi tive, suspect, or high-risk ani mals and that are not animals from an infected or source flock. Official individual animal identification and a permit. 2 For any female ex posed sheep the results of an official genotype test must be included on or attached to the permit and must be QR or RR at codon 171. Official individual animal identification and a permit. 2 For any female ex posed sheep the results of an official genotype test must be included on or attached to the permit and must be QR or RR at codon 171. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 337 Animal and Plant Health Inspection Service, USDA § 79.4 INTERSTATE MOVEMENT GENERAL RESTRICTIONS FOR SHEEP AND GOATS—Continued Note: A CONSISTENT STATE is one whose intrastate identification, reporting, and movement restrictions for infected and source flocks and high-risk animals are consistent with the APHIS standards for State scrapie programs. Type of interstate movement Moved from INCONSISTENT state Moved from CONSISTENT state (4) Sexually intact sheep or sex ually intact goats that have been commingled with sheep and that are not scrapie-posi tive, suspect, high-risk, or ex posed animals and are not animals from an infected or source flock. Official premises identification and a cer tificate.. None. (5) Sexually intact goats that have not been commingled with sheep and that are not scrapie-positive, suspect, high risk, or exposed animals and are not animals from an in fected or source flock. None ........................................................ None. (6) Castrated animals that are not scrapie-positive or suspect animals and are not an animal from an infected or source flock. None ........................................................ None. 1 Animals prohibited movement may be moved interstate only if they are moving interstate for destruction or research as ap proved by the Administrator. 2 A copy of the permit must be sent to the State veterinarian and the AVIC of the receiving State prior to movement of animals. 3 No exposed or high-risk animal from any State or any animal from an Inconsistent State shall be removed from slaughter channels once it has entered interstate commerce. 4 Official individual animal identification or official premises identification is not required for these slaughter animals if the ani mals are kept as a group on the same premises on which they were born or used for breeding purposes and are not commin gled with animals from another premises at any time, including throughout the feeding, marketing, and slaughter process. § 79.4 Designation of scrapie-positive animals, high-risk animals, exposed animals, suspect animals, exposed flocks, infected flocks, noncompli ant flocks, and source flocks; notice to owners. (a) Designation. A designated scrapie epidemiologist will designate an ani mal to be a scrapie-positive animal, high-risk animal, exposed animal, or suspect animal after determining that the animal meets the criteria of the relevant definition in § 79.1. (1) A State or APHIS veterinarian will designate an animal to be a sus pect animal after determining that the animal meets the criteria of the rel evant definition in § 79.1. (2) A designated scrapie epidemiolo gist will designate a flock to be a source, infected, or exposed flock after reviewing sale, movement, and breed ing records that indicate the flock meets the criteria of the relevant defi nition in § 79.1. (i) A designated scrapie epidemiolo gist may conduct testing of animals if he or she determines such testing is needed to properly designate a flock to be a source, infected, or exposed flock. The designated scrapie epidemiologist will select animals for testing in a manner that will provide a 95 percent confidence of detecting scrapie at a prevalence of 1 percent or, when flock records are adequate and all exposed animals that lambed in the flock are available for testing, may limit the testing to all exposed and suspect ani mals. Flocks meeting the definition of infected or source flocks that are des ignated as exposed flocks must com plete a post exposure monitoring and management plan. Testing may include live-animal testing using a live-animal official test, an official genotype test, the culling and postmortem examina tion and testing of genetically suscep tible animals in the flock that cannot be evaluated by a live animal test, and postmortem examination and testing of animals found dead or cull animals at slaughter. (ii) If an owner does not make his or her animals available for testing with in 60 days of notification or as mutu ally agreed or fails to submit required postmortem samples, the flock will be VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 338 9 CFR Ch. I (1–1–18 Edition) § 79.4 designated a source, infected, or ex posed flock, whichever definition ap plies. Any flock that is pending des ignation must comply with the move ment restrictions for infected flocks. (3) A designated scrapie epidemiolo gist will designate a flock to be a non compliant flock after determining that the flock meets the definition of a non compliant flock in § 79.1. (b) Redesignation. (1) A designated scrapie epidemiologist may reclassify an animal designated a high-risk ani mal as an exposed animal after receiv ing negative results from an official test or in accordance with an approved Scrapie Control Pilot Project. (2) A State or APHIS veterinarian may remove the suspect animal des ignation from an animal that had clin ical signs of scrapie and that did not test positive for scrapie or for the pro teinase resistant protein associated with scrapie upon determination that it is alive and no longer exhibits such signs, or that the signs are not caused by scrapie. (3) A designated scrapie epidemiolo gist may remove the suspect animal designation from an animal that has tested positive for scrapie or for the proteinase resistant protein associated with scrapie on an unofficial test based on knowledge of the test used or based on an epidemiologic investigation which may include additional testing of the suspect animal and or animals that have been commingled with the suspect animal. (4) A designated scrapie epidemiolo gist may remove the suspect animal designation from an animal that tested positive on a live-animal screening test based on an epidemiologic investiga tion which includes additional official testing of the suspect animal and when appropriate, animals that have been commingled with the suspect animal. (5) A designated scrapie epidemiolo gist may remove the exposed flock des ignation after completing an epidemio logic investigation or upon completion of a post-exposure management and monitoring plan. As part of the epi demiologic investigation the des ignated scrapie epidemiologist may conduct testing of animals if he or she determines such testing is needed to properly redesignate the flock. The designated scrapie epidemiologist will select animals for testing in a manner that will provide a 95 percent con fidence of detecting scrapie at a preva lence of 1 percent or, when flock records are adequate and all exposed animals that lambed in the flock are available for testing, may limit the testing to all exposed and suspect ani mals. Testing may include live-animal testing using a live-animal official test, an official genotype test, the cull ing and postmortem examination and testing of genetically susceptible ani mals in the flock that cannot be evalu ated by a live animal test, and post mortem examination and testing of animals found dead or cull animals at slaughter. A designated scrapie epi demiologist shall redesignate an ex posed flock as a noncompliant flock if the owner fails to make his animals available for testing within 60 days of notification or as mutually agreed or fails to submit required postmortem samples. (6) Based on an epidemiologic inves tigation and testing, a designated scrapie epidemiologist may redesignate an infected flock or source flock as an exposed flock. The designated scrapie epidemiologist may only use this op tion when the epidemiologic investiga tion reveals that the scrapie exposure was minor or could not be confirmed due to inadequate records. The des ignated scrapie epidemiologist will se lect animals for testing in a manner that will provide a 95 percent con fidence of detecting scrapie at a preva lence of 1 percent or, when flock records are adequate and all exposed animals that lambed in the flock are available for testing, may limit the testing to all exposed and suspect ani mals. Testing may include live-animal testing using a live-animal official test, an official genotype test, the cull ing and postmortem examination and testing of genetically susceptible ani mals in the flock that cannot be evalu ated by a live animal test, and post mortem examination and testing of animals found dead or cull animals at slaughter. Infected or source flocks that are redesignated as exposed flocks must complete a post exposure moni toring and management plan. If an VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 339 Animal and Plant Health Inspection Service, USDA § 79.5 4 Ownership brands may be used on certifi cates for sheep and goats moved interstate when premises identification is required under this part, provided the ownership brands are legible and are registered with the official brand recording agency and the animals are accompanied by a brand inspec tion certificate. owner does not make his or her ani mals available for testing within 60 days of notification or as mutually agreed or fails to submit required post mortem samples, the flock designation will remain unchanged. (7) A designated scrapie epidemiolo gist may remove the noncompliant flock designation after reviewing any required testing of the flock and deter mining that the flock has complied with the required testing or no longer meets the definition of a noncompliant flock. (8) A designated scrapie epidemiolo gist may redesignate an exposed ani mal, exposed flock, or infected flock by removing that designation after com pleting an epidemiologic investigation and determining that the exposure was limited to a scrapie-positive male ani mal that was not born in the flock (the owner must have adequate records and animal identification to show that the scrapie-positive male animal was pur chased). (c) Notice to owner. As soon as pos sible after making such a determina tion, a State or APHIS representative will attempt to notify the owner(s) of the flock(s) in writing that their flock contained or contains a scrapie-posi tive animal, a suspect animal, a high risk animal or an exposed animal, or that the flock is an infected, source, exposed, or noncompliant flock or that the flock is pending designation as an infected, source, exposed, or non compliant flock. The notice will in clude: (1) A description of the interstate movement restrictions and identifica tion requirements; (2) Reporting requirements; (3) Sample submission requirements for suspect and high-risk animals con tained in this part; (4) Options for controlling the spread of scrapie from, and eradicating scrapie in, an infected flock or source flock or to reduce the risk of the occurrence of scrapie in a flock that contains a high risk or an exposed animal; and (5) In the case of flocks that are pending designation the notification shall include the testing options avail able to them and the designation their flock will receive if they decline to test. § 79.5 Issuance of certificates. (a) Certificates are required as speci fied by § 79.3 for certain interstate movements of animals. A certificate must show the official ear tag number, individual animal registered breed as sociation registration tattoo, indi vidual animal registered breed associa tion registration brand, individual ani mal registered breed association reg istration number, and any other offi cial individual identification of each animal to be moved; provided that, in the case of animals identified with premises identification 4 that is as signed to the flock of origin and that meets the requirements for individual animal identification, the premises number may be recorded instead of the individual identification numbers. A certificate must also show the number of animals covered by the certificate; the purpose for which the animals are to be moved; the points of origin and destination; the consignor, and the consignee. Certificates must indicate the flock of birth for any breeding sheep born after January 1, 2002, that are covered by the certificate. The cer tificate must include a statement by the issuing accredited or State or Fed eral veterinarian that the animals were not exhibiting clinical signs associated with scrapie at the time of examina tion and an owner statement indi cating whether the animal is or is not a scrapie-positive, suspect, high-risk or exposed animal and whether it origi nated in an infected, source, exposed, or noncompliant flock. Except as pro vided in paragraphs (b) and (c) of this section, all of the information required by this paragraph must be typed or written on the certificate. Note that in accordance with § 79.3(a), (b), and (c), scrapie-positive, suspect, and high-risk animals, some exposed animals, and animals that originated in an infected or source flock require permits rather than certificates. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 340 9 CFR Ch. I (1–1–18 Edition) § 79.6 (b) Animal identification documents at tached to certificates. As an alternative to typing or writing individual animal identification on a certificate, another document may be used to provide this information, but only under the fol lowing conditions: (1) The document must be a State form or APHIS form that requires indi vidual identification of animals; (2) A legible copy of the document must be stapled to the original and each copy of the certificate; (3) Each copy of the document must identify each animal to be moved with the certificate, but any information pertaining to other animals, and any unused space on the document for re cording animal identification, must be crossed out in ink; and (4) The following information must be typed or written in ink in the iden tification column on the original and each copy of the certificate and must be circled or boxed, also in ink, so that no additional information can be added: (i) The name of the document; and (ii) Either the serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who prepared the document and the date the docu ment was signed. (c) Ownership brands documents at tached to certificates. As an alternative to typing or writing ownership brands on a certificate, an official brand in spection certificate may be used to provide this information, but only under the following conditions: (1) A legible copy of the official brand inspection certificate must be stapled to the original and each copy of the certificate; (2) Each copy of the official brand in spection certificate must show the ownership brand of each animal to be moved with the certificate, but any other ownership brands, and any un used space for recording ownership brands, must be crossed out in ink; and (3) The following information must be typed or written in ink in the offi cial identification column on the origi nal and each copy of the certificate and must be circled or boxed, also in ink, so that no additional information can be added: (i) The name of the attached docu ment; and (ii) Either the serial number on the official brand inspection certificate or, if the official brand inspection certifi cate is not imprinted with a serial number, both the name of the person who prepared the official brand inspec tion certificate and the date it was signed. § 79.6 Standards for States to qualify as Consistent States. (a) In reviewing a State for Con sistent State status, the Administrator will evaluate the State statutes, regu lations, and directives pertaining to animal health activities; reports and publications of the State animal health agency; and a written statement from the State animal health agency de scribing State scrapie control activi ties and certifying that these activities meet the requirements of this section. In determining whether a State is a Consistent State, the Administrator will determine whether the State: (1) Has the authority, based on State law or regulation, to restrict the move ment of all scrapie-infected and source flocks. (2) Has the authority, based on State law or regulation, to require the re porting of any animal suspected of hav ing scrapie and test results for any ani mals tested for scrapie to State or Fed eral animal health authorities. (3) Has, in cooperation with APHIS personnel, drafted and signed a memo randum of understanding between APHIS and the State that delineates the respective roles of each in the Na tional Scrapie Program implementa tion. (4) Has placed all known scrapie-in fected and source flocks under move ment restrictions, with movement of animals only to slaughter, to feedlots under permit and movement restric tions that ensure later movement to slaughter, for destruction, or for re search. Scrapie-positive and suspect animals may be moved only for trans port to an approved research facility or for purposes of destruction. (5) Has effectively implemented poli cies to: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 341 Animal and Plant Health Inspection Service, USDA § 79.6 5 This provision would apply until January 1, 2003. Any State designated as a Consistent State after that date would have to meet all requirements prior to designation. (i) Investigate all animals reported as scrapie suspect animals within 7 days of notification; (ii) Designate a flock’s status, within 15 days of notification that the flock contains a scrapie-positive animal, based on an investigation by State or Federal animal health authorities and in accordance with this part; (iii) Restrict the movement, in ac cordance with paragraph (a)(4) of this section, of newly designated scrapie-in fected and source flocks within 7 days after they are designated in accordance with § 79.4; (iv) Relieve infected and source flock movement restrictions only after com pletion of a flock plan created in ac cordance with § 54.14 of this chapter or a flock plan created in accordance with an approved scrapie control pilot project, or as permitted by the condi tions of such a flock plan, and after agreement by the owner to comply with a 5-year post-exposure manage ment and monitoring plan; (v) Conduct an epidemiologic inves tigation of source and infected flocks that includes the designation of high risk and exposed animals and that identifies animals to be traced; (vi) Conduct tracebacks of scrapie positive animals and traceouts of high risk and exposed animals and report any out-of-State traces to the appro priate State within 45 days of receipt of notification of a scrapie-positive ani mal; and (vii) Conduct tracebacks based on slaughter sampling within 15 days of receipt of notification of a scrapie-posi tive animal at slaughter. (6) Effectively monitors and enforces quarantines. (7) Effectively enforces State report ing laws and regulations for scrapie. (8) Has designated at least one APHIS or State animal health official to coordinate scrapie program activi ties in the State and to serve as the designated scrapie epidemiologist in the State. (9) Has educated those engaged in the interstate movement of sheep and goats regarding the identification and recordkeeping requirements of this part. (10) Has provided APHIS with a plan and timeline for complying with the following additional requirements, which must be met within 2 years of designation of the State as a Con sistent State 5: (i) Requires, based on State law or regulation, and effectively enforces of ficial identification upon change of ownership of all animals of any age not in slaughter channels and any sheep over 18 months of age as evidenced by eruption of the second incisor such that the animal may be traced to its flock of birth; provided that: (A) A State may exempt commercial goats in intrastate commerce that have not been in contact with sheep from this identification requirement if there has been in that State no case of scrapie in a commercial goat in the past 10 years that originated in that State and cannot be attributed to expo sure to infected sheep, and there are no exposed commercial goat herds in that State; and (B) A State may exempt commercial whitefaced sheep or commercial hair sheep under 18 months of age in intra state commerce from this identifica tion requirement if there has been in that State no case of scrapie in the ex empted class that originated from that State, and there are no exposed com mercial whitefaced or hair sheep flocks in that State that have been exposed by a female animal. (C) States that exempt these types of commercial animals must put in place the regulations necessary to require identification of these animals within 90 days of these conditions no longer existing. (ii) Maintains in the National Scrapie Database administered by APHIS, or in a State database ap proved by the Administrator as com patible with the National Scrapie Database, the State’s: (A) Premises information and as signed premises numbers and indi vidual identification number sequences assigned for use as premises identifica tion; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 342 9 CFR Ch. I (1–1–18 Edition) § 79.7 (B) Individual animal information on all scrapie-positive, suspect, high-risk, and exposed animals in the State; (C) Individual animal information on all out-of-State animals to be traced; and (D) Accurate flock status data. (iii) Requires official individual iden tification of any live scrapie-positive, suspect, or high-risk animal of any age and of any sexually intact exposed ani mal of more than 1 year of age or any sexually intact exposed animal of less than 1 year of age upon change of own ership (except for exposed animals moving in slaughter channels at less than 1 year of age), whether or not the animal resides in a source or infected flock. (iv) Effectively enforces movement restrictions on all scrapie-positive, sus pect, and high-risk animals throughout their lives unless they are moved in ac cordance with § 79.3. (v) Requires that tissues from all scrapie-positive or suspect animals and female high-risk animals that have lambed (when they have died or have been destroyed) be submitted to a lab oratory authorized by the Adminis trator to conduct scrapie tests and re quires complete destruction of the car casses of scrapie-positive and suspect animals. (vi) Prohibits any animal from being removed from slaughter channels un less it is identified to the flock of birth, is not from an Inconsistent State, and is not scrapie-exposed or from an infected or source flock. (b) If the Administrator determines that statutory changes are needed to bring a State into full compliance, the Administrator may grant up to a 2 year extension to allow a State to ac quire additional authorities before re moving a State’s Consistent Status. The decision to grant an extension will be based on the State’s ability to pre vent the movement of scrapie-infected animals out of the State and on the progress being made in making the needed statutory changes. § 79.7 Waiver of requirements for scrapie control pilot projects. (a) The Administrator may waive the following requirements of this part for participants in a scrapie control pilot project by recording the requirements waived in the scrapie control pilot project plan: (1) The determination that an animal is a high-risk animal, if the scrapie control pilot project plan contains testing or other procedures that indi cate that an animal, despite meeting the definition of high-risk animal, is unlikely to spread scrapie; and (2) The requirement that high-risk animals must be removed from a flock, if the scrapie control pilot project plan contains alternative procedures to pre vent the further spread of scrapie with out removing high-risk animals from the flock. (b) [Reserved] PART 80—JOHNE’S DISEASE IN DOMESTIC ANIMALS Sec. 80.1 Definitions. 80.2 General restrictions. 80.3 Movement of domestic animals that are positive to an official Johne’s disease test. 80.4 Segregation of animals positive to an official Johne’s disease test during inter state movement. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 65 FR 18878, Apr. 10, 2000, unless otherwise noted. § 80.1 Definitions. The following definitions apply to this part: Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States providing a nationally unique identification number for each animal. The AIN contains 15 digits, with the first 3 being the country code (840 for the United States), the alpha characters USA, or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing. The AIN beginning with the 840 prefix may be used only on animals born in the United States. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 343 Animal and Plant Health Inspection Service, USDA § 80.1 1 A list of currently approved laboratories and the requirements for obtaining approval are available from the Diagnostic Bacteri ology Laboratory, National Veterinary Serv ices Laboratories, P.O. Box 844, Ames, Iowa 50010. the Administrator will approve labora tories to conduct an official Johne’s disease test only after determining that the labora tory meets the check test proficiency re quirements prescribed by the National Vet erinary Services Laboratories. Approval will continue as long as such check test pro ficiency requirements are met on an annual basis. APHIS. The Animal and Plant Health Inspection Service of the United States Department of Agriculture. APHIS representative. An individual employed by APHIS who is authorized to perform the function involved. Approved livestock facility. A stock yard, livestock market, buying station, concentration point, or any other premises that has been approved under § 71.20 of this chapter. Area veterinarian in charge. An APHIS veterinarian authorized by the Admin istrator to supervise and manage the animal health work of APHIS in a specified area of the United States. Interstate. From one State into or through any other State. Johne’s disease. An infectious and communicable disease that primarily affects cattle, sheep, goats, and other domestic, exotic, and wild ruminants, also known as paratuberculosis, caused by Mycobacterium paratuberculosis. Moved. Shipped, transported, deliv ered, or received for movement, or oth erwise aided, induced, or caused to be moved. Official eartag. An identification tag providing unique identification for in dividual animals. An official eartag which contains or displays an AIN with an 840 prefix must bear the U.S. shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resistant and have a high retention rate in the animal. Offi cial eartags must adhere to one of the following numbering systems: (1) National Uniform Eartagging Sys tem. (2) Animal identification number (AIN). (3) Premises-based number system. The premises-based number system combines an official premises identi fication number (PIN), as defined in this section, with a producer’s live stock production numbering system to provide a unique identification num ber. The PIN and the production num ber must both appear on the official tag. (4) Any other numbering system ap proved by the Administrator for the identification of animals in commerce. Official Johne’s disease test. An orga nism detection test approved by the Administrator and conducted in a lab oratory approved by the Adminis trator. 1 Owner-shipper statement. A statement signed by the owner or shipper of ani mals, which states: The number of ani mals to be moved, the official eartag number of each animal, the species of the animals, points of origin and des tination, the consignor and consignee, a statement that the animals are posi tive to an official Johne’s disease test, and any additional information re quired by this part. Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health author ity, a geographically distinct location from other premises. The premises identification number is associated with an address, geospatial coordi nates, and/or other location descriptors which provide a verifiably unique loca tion. The premises identification num ber may be used in conjunction with a producer’s own livestock production numbering system to provide a unique identification number for an animal. The premises identification number may consist of: (1) The State’s two-letter postal ab breviation followed by the premises’ assigned number; or (2) A seven-character alphanumeric code, with the right-most character being a check digit. The check digit number is based upon the ISO 7064 Mod 36/37 check digit algorithm. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 344 9 CFR Ch. I (1–1–18 Edition) § 80.2 2 A list of recognized slaughtering estab lishments in any State may be obtained from an APHIS representative, the State animal health official, or a State representative. Recognized slaughtering establishment. A slaughtering establishment 2 oper ating under the Federal Meat Inspec tion Act (21 U.S.C. 601 et seq.) or a State inspected slaughtering establishment. State. Any of the 50 States, the Com monwealth of Puerto Rico, the Com monwealth of the Northern Mariana Is lands, the District of Columbia, and any territories and possessions of the United States. State animal health official. The State official responsible for livestock and poultry disease control and eradication programs. State representative. An individual em ployed in animal health work by a State or political subdivision of a State, and who is authorized by the State or political subdivision to per form tasks required by this part. United States. All of the States. [65 FR 18878, Apr. 10, 2000, as amended at 69 FR 64650, Nov. 8, 2004; 72 FR 39306, July 18, 2007; 73 FR 54062, Sept. 18, 2008] § 80.2 General restrictions. Domestic animals that are positive to an official Johne’s disease test may not be moved interstate except in com pliance with this part. § 80.3 Movement of domestic animals that are positive to an official Johne’s disease test. (a) Movement of domestic animals for slaughter. Domestic animals that are positive to an official Johne’s disease test may be moved interstate for slaughter if: (1) The animals are moved directly to a recognized slaughtering establish ment or to an approved livestock facil ity for sale to a recognized slaugh tering establishment; (2) An owner-shipper statement that identifies the animals as positive to an official Johne’s disease test accom panies the animals during the move ment and is delivered to the consignee; (3) Each animal bears an official eartag; and (4) The animals are moved to the des tination in one continuous movement without unloading. (b) Other movements. The Adminis trator may, upon request in specific cases, allow domestic animals that are positive to an official Johne’s disease test to be moved interstate other than as provided in paragraph (a) of this sec tion, under such conditions as the Ad ministrator may prescribe in each case to prevent the spread of Johne’s dis ease. The Administrator will promptly notify the State animal health officials of the States involved of any such ac tion. (c) Cleaning and disinfecting. Each means of conveyance used to transport the animals must be cleaned and dis infected in accordance with § 71.6 of this chapter. The facilities in which the animals were maintained must be cleaned and disinfected in accordance with § 71.7 of this chapter. § 80.4 Segregation of animals positive to an official Johne’s disease test during interstate movement. Animals that are positive to an offi cial Johne’s disease test may not be moved interstate in a railroad car, boat, truck, or other vehicle con taining healthy animals susceptible to Johne’s disease unless all of the ani mals are for immediate slaughter, or unless the positive animals are kept separate from the other animals by a partition that is securely affixed to the sides of the vehicle and prevents the transfer of fecal matter from the ani mals positive to an official Johne’s dis ease test to the healthy animals in the vehicle. PART 81—CHRONIC WASTING DISEASE IN DEER, ELK, AND MOOSE Sec. 81.1 Definitions. 81.2 Identification of deer, elk, and moose in interstate commerce. 81.3 General restrictions. 81.4 Issuance of certificates. 81.5 Movement of deer, elk, or moose through a State to another State. 81.6 Federal preemption of State and local laws and regulations with respect to CWD. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00354 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 345 Animal and Plant Health Inspection Service, USDA § 81.1 SOURCE: 77 FR 35569, June 13, 2012, unless otherwise noted. § 81.1 Definitions. These definitions are applicable to this part: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in subchapters B, C, and D of this chap ter. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal. Any farmed or captive deer, elk, or moose. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animal identification. A device or means of animal identification ap proved for use under this part by APHIS. Examples of animal identifica tion devices that APHIS has approved are listed in § 55.25 of this chapter. Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States. The AIN contains 15 dig its, with the first 3 being the country code (840 for the United States), the alpha characters USA, or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing. APHIS employee. Any individual em ployed by the Animal and Plant Health Inspection Service who is authorized by the Administrator to do any work or perform any duty in connection with the control and eradication of disease. Cervid. All members of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and re lated species. For the purposes of this part, the term ‘‘cervid’’ refers specifi cally to cervids susceptible to CWD. These are animals in the genera Odocoileus, Cervus, and Alces and their hybrids, i.e., deer, elk, and moose. Chronic wasting disease (CWD). A transmissible spongiform encephalopathy of cervids. Clinical signs in affected animals include, but are not limited to, loss of body condi tion, behavioral changes, excessive sal ivation, increased drinking and urina tion, depression, and eventual death. CWD Herd Certification Program. The Chronic Wasting Disease Herd Certifi cation Program established in part 55 of this chapter. Deer, elk, and moose. All animals in the genera Odocoileus, Cervus, and Alces and their hybrids. Farmed or captive. Privately or pub licly maintained or held for economic or other purposes within a perimeter fence or confined area, or captured from a wild population for interstate movement and release. National Uniform Eartagging System. A numbering system for the official iden tification of individual animals in the United States providing a nationally unique identification number for each animal. The National Uniform Eartagging System employs an eight or nine-character alphanumeric for mat, consisting of a two-number State or territory code, followed by two or three letters and four additional num bers. Official APHIS disease control programs may specify which format to employ. Official animal identification. A device or means of animal identification ap proved for use under this part by APHIS to uniquely identify individual animals. Examples of approved official animal identification devices are listed in § 55.25 of this chapter. The official animal identification must include a nationally unique animal identifica tion number that adheres to one of the following numbering systems: (1) National Uniform Eartagging Sys tem. The CWD program allows the use of either the eight-character or nine character format for cervids. (2) Animal identification number (AIN). (3) Premises-based number system. The premises-based number system combines an official premises identi fication number (PIN), as defined in this section, with a producer’s live stock production numbering system to provide a unique identification num ber. The PIN and the production num ber must both appear on the official tag. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 346 9 CFR Ch. I (1–1–18 Edition) § 81.2 (4) Any other numbering system ap proved by the Administrator for the identification of animals in commerce. Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health author ity, a geographically distinct location from other premises. The premises identification number is associated with an address, geospatial coordi nates, and/or location descriptors which provide a verifiably unique loca tion. The premises identification num ber may be used in conjunction with a producer’s own livestock production numbering system to provide a unique identification number for an animal. It may also be used as a component of a group/lot identification number. The premises identification number may consist of: (1) The State’s two-letter postal ab breviation followed by the premises’ assigned number; or (2) A seven-character alphanumeric code, with the right-most character being a check digit. The check digit number is based upon the ISO 7064 Mod 36/37 check digit algorithm. Recognized slaughtering establishment. An establishment where slaughtering operations are regularly carried out under Federal or State inspection and which has been approved by the Animal and Plant Health Inspection Service to receive animals for slaughter. [77 FR 35569, June 13, 2012, as amended at 79 FR 23891, Apr. 29, 2014] § 81.2 Identification of deer, elk, and moose in interstate commerce. Each animal required to be identified by this part must have at least two forms of animal identification attached to the animal. The means of animal identification must be approved for this use by APHIS, and must be an electronic implant, flank tattoo, ear tattoo, tamper-resistant ear tag, or other device approved by APHIS. One of the animal identifications must be an official animal identification as de fined in this part, with a nationally unique animal identification number that is linked to that animal in the CWD National Database or in an ap proved State database. The second ani mal identification must be unique for the individual animal within the herd and also must be linked to that animal and herd in the CWD National Data base or in an approved State database. (Approved by the Office of Management and Budget under control number 0579–0237) § 81.3 General restrictions. No farmed or captive deer, elk, or moose may be moved interstate unless it meets the requirements of this sec tion. (a) Animals in the CWD Herd Certifi cation Program. The captive deer, elk, or moose is: (1) Enrolled in the CWD Herd Certifi cation Program and the herd has achieved Certified status in accordance with § 55.24 of this chapter; and (2) Is accompanied by a certificate issued in accordance with § 81.4 that identifies its herd of origin and that states that the animal’s herd has achieved Certified status and that the animal does not show clinical signs as sociated with CWD. (b) Animals captured for interstate movement and release. If the captive deer, elk, or moose was captured from a wild population for interstate move ment and release, each animal must have two forms of animal identifica tion, one of which is official animal identification, and the certificate issued in accordance with § 81.4 that ac companies the animal must state that the source population has been docu mented to be low risk for CWD, based on a CWD surveillance program in wild cervid populations that is approved by the State Government of the receiving State and by APHIS. (c) Animals moved to slaughter. The farmed or captive deer, elk, or moose must be moved directly to a recognized slaughtering establishment for slaugh ter, must have two forms of animal identification, one of which is official animal identification, and must be ac companied by a certificate issued in ac cordance with § 81.4. (d) Research animal movements and permits. A research animal permit is re quired for the interstate movement of cervids for research purposes. The per mit will specify any special conditions of the movement determined by the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 347 Animal and Plant Health Inspection Service, USDA § 81.4 Administrator to be necessary to pre vent the dissemination of CWD. The Administrator may, at his or her dis cretion, issue the permit if he or she determines that the destination facil ity has adequate biosecurity and that the movement authorized will not re sult in the interstate dissemination of CWD. (1) To apply for a research animal permit, contact an APHIS employee or State representative and provide the following information: (i) The name and address of the per son to whom the special permit is issued, the address at which the re search cervids to be moved interstate are being held, and the name and ad dress of the person receiving the cervids to be moved interstate; (ii) The number and type of cervids to be moved interstate; (iii) The reason for the interstate movement; (iv) Any safeguards in place to pre vent transmission of CWD during movement or at the receiving location; and (v) The date on which movement will occur. (2) A copy of the research animal per mit must accompany the cervids moved, and copies must be submitted so that a copy is received by the State animal health official and the veteri narian in charge for the State of des tination at least 72 hours prior to the arrival of the cervids at the destination listed on the research animal permit. (e) Interstate movements approved by the Administrator. Notwithstanding any other provision of this part, interstate movement of farmed or captive deer, elk, and moose may be allowed on a case-by-case basis when the Adminis trator determines that adequate survey and mitigation procedures are in place to prevent dissemination of CWD and issues a permit for the movement. § 81.4 Issuance of certificates. (a) Information required on certificates. A certificate must show any official animal identification numbers of each animal to be moved. A certificate must also show the number of animals cov ered by the certificate; the purpose for which the animals are to be moved; the points of origin and destination; the consignor; and the consignee. The cer tificate must include a statement by the issuing accredited veterinarian, State veterinarian, or Federal veteri narian that the animals were not ex hibiting clinical signs associated with CWD at the time of examination. The certificate must also include a state ment that the animals are from a herd that has achieved Certified status in the CWD Herd Certification Program, and must provide the herd’s program status, with the following exceptions: (1) Certificates issued for animals captured from a wild population for interstate movement and release do not need to state that the animals are from a herd that has achieved Certified status in the CWD Herd Certification Program but must include the state ment required in § 81.3(b); and (2) Certificates issued for animals moved directly to slaughter do not need to state that the animals are from a herd that has achieved Certified sta tus in the CWD Herd Certification Pro gram and must state that an APHIS employee or State representative has been notified in advance of the date the animals are being moved to slaughter. (b) Animal identification documents at tached to certificates. As an alternative to typing or writing individual animal identification on a certificate, another document may be used to provide this information, but only under the fol lowing conditions: (1) The document must be a State form or APHIS form that requires indi vidual identification of animals; (2) A legible copy of the document must be stapled to the original and each copy of the certificate; (3) Each copy of the document must identify each animal to be moved with the certificate, but any information pertaining to other animals, and any unused space on the document for re cording animal identification, must be crossed out in ink; and (4) The following information must be typed or written in ink in the iden tification column on the original and each copy of the certificate and must be circled or boxed, also in ink, so that no additional information can be added: (i) The name of the document; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 348 9 CFR Ch. I (1–1–18 Edition) § 81.5 (ii) Either the serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who issued the document and the date the document was issued. (Approved by the Office of Management and Budget under control number 0579–0237) § 81.5 Movement of deer, elk, or moose through a State to another State. Farmed or captive deer, elk, or moose may be moved through a State or locality whose laws or regulations on the movement of those animals are more restrictive than this part to an other State under the following condi tions: (a) The farmed or captive deer, elk, or moose must be eligible to move interstate under § 81.3. (b) The farmed or captive deer, elk, or moose must meet the entry require ments of the destination State listed on the certificate or permit accom panying the animal. (c) Except in emergencies, the farmed or captive deer, elk, or moose must not be unloaded until their arrival at their destination. § 81.6 Federal preemption of State and local laws and regulations with re spect to CWD. State and local laws and regulations on farmed or captive deer, elk, or moose with respect to CWD that are more restrictive than the regulations in this part are not preempted by this part, except as described in § 81.5. PART 82—NEWCASTLE DISEASE AND CHLAMYDIOSIS Subpart A—Newcastle Disease Sec. 82.1 Definitions. 82.2 Criteria for determining birds or poul try to be infected with, exposed to, or free from Newcastle disease. 82.3 Quarantined areas. 82.4 General provisions. 82.5 Interstate movement of live birds and live poultry from a quarantined area. 82.6 Interstate movement of dead birds and dead poultry from a quarantined area. 82.7 Interstate movement of manure and lit ter from a quarantined area. 82.8 Interstate movement of eggs, other than hatching eggs, from a quarantined area. 82.9 Interstate movement of hatching eggs from a quarantined area. 82.10 Interstate movement of vehicles, cages, coops, containers, troughs, and other equipment from a quarantined area. 82.11 Issuance of permits. 82.12 Other interstate movements and spe cial permits. 82.13 Denial and withdrawal of permits and special permits. 82.14 Removal of quarantine. 82.15 Replacement birds and poultry. 82.16 Extraordinary emergencies: applica bility of regulations. Subpart B—Chlamydiosis in Poultry 82.19 Definitions. 82.20 General restrictions. 82.21 Vehicles, cages, coops, containers, troughs, and other equipment used for infected poultry. 82.22 Cleaning and disinfecting premises. 82.23 Issuance of permits. 82.24 Other interstate movements and spe cial permits. 82.25 Denial and withdrawal of permits and special permits. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 61 FR 56883, Nov. 5, 1996, unless otherwise noted. Subpart A—Newcastle Disease EDITORIAL NOTE: Nomenclature changes to subpart A of part 82 appear at 78 FR 19083, Mar. 29, 2013. § 82.1 Definitions. As used in connection with this sub part, the following terms shall have the meaning set forth in this section. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any individual author ized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Bird. Any member of the class aves other than poultry. Commercial birds. Birds that are moved or kept for resale, breeding, public display, or any other purpose, except pet birds. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 349 Animal and Plant Health Inspection Service, USDA § 82.1 Dressed carcasses. Carcasses of birds or poultry that have been eviscerated, with heads and feet removed, or parts or products of such carcasses. Exposed. At risk of developing New castle disease because of association with birds or poultry infected with Newcastle disease, excrement from birds or poultry infected with New castle disease, or other material touched by birds or poultry infected with Newcastle disease, or because there is reason to believe that associa tion has occurred with Newcastle dis ease or vectors of Newcastle disease, as determined by either a Federal veteri narian or a State veterinarian. Federal representative. An individual employed and authorized by the Fed eral government to perform the tasks required by this subpart. Federal veterinarian. A veterinarian employed and authorized by the Fed eral government to perform the tasks required by this subpart. Hatching eggs. Eggs in which birds or poultry are allowed to develop. Infected. Affected by the virus or bac terium that causes the specified dis ease. Interstate. From one State into or through any other State. Known to be exposed. Determined by either a Federal veterinarian or a State veterinarian to be at risk of de veloping Newcastle disease because of association with birds or poultry in fected with Newcastle disease, excre ment from birds or poultry infected with Newcastle disease, or other mate rial touched by birds or poultry in fected with Newcastle disease, or be cause there is reason to believe that as sociation has occurred with Newcastle disease or vectors of Newcastle disease, as determined by either a Federal vet erinarian or a State veterinarian. Known to be infected. Determined by either a Federal veterinarian or a State veterinarian to be affected by the virus or bacterium that causes the specified disease. Litter. Material that is used to collect and absorb bodily wastes from birds or poultry. Moved. Shipped, transported or other wise moved, or delivered or received for movement, by any person. Newcastle disease. Newcastle disease is an acute, rapidly spreading, and usu ally fatal viral infection of poultry caused by an avian paramyxovirus serotype 1 that meets one of the fol lowing criteria for virulence: The virus has an intracerebral pathogenicity index (ICPI) in day-old chicks (Gallus gallus) of 0.7 or greater; or multiple basic amino acids have been dem onstrated in the virus (either directly or by deduction) at the C-terminus of the F2 protein and phenylalanine at residue 117, which is the N-terminus of the F1 protein. The term ‘‘multiple basic amino acids’’ refers to at least three arginine or lysine residues be tween residues 113 and 116. In this defi nition, amino acid residues are num bered from the N-terminus of the amino acid sequence deduced from the nucleotide sequence of the F0 gene; 113– 116 corresponds to residues ¥4 to ¥1 from the cleavage site. Failure to dem onstrate the characteristic pattern of amino acid residues as described above may require characterization of the isolated virus by an ICPI test. A failure to detect a cleavage site that is con sistent with virulent strains does not confirm the absence of a virulent virus. Official seal. A serially numbered metal or plastic strip, consisting of a self-locking device on one end and a slot on the other end, that forms a loop when the ends are engaged and that cannot be reused if opened, or a seri ally numbered, self-locking button that can be used for this purpose. Person. Any individual, corporation, company, association, firm, partner ship, society, joint stock company, or other legal entity. Pet birds. Birds, except ratites, that are kept for the personal pleasure of their individual owners and are not in tended for resale. Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys. Ratites. Cassowaries, emus, kiwis, os triches, and rheas. Recognized slaughtering establishment. Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Prod ucts Inspection Act (21 U.S.C. 451 et VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 350 9 CFR Ch. I (1–1–18 Edition) § 82.2 1 The location of Federal veterinarians and State veterinarians may be obtained by writ ing to Emergency Programs, Veterinary Services, Animal and Plant Health Inspec tion Service, 4700 River Road, Unit 41, River dale, MD 20737–1231, or by referring to the local telephone book. 2 A copy of the protocols for Newcastle dis ease diagnostic tests may be obtained by writing to Emergency Programs, Veterinary Services, Animal and Plant Health Inspec tion Service, 4700 River Road Unit 41, River dale, MD 20737–1231. The protocols are also found in ‘‘Recommended Uniform Diagnostic Procedures,’’ published by the Committee of the American Association of Veterinary Lab oratory Diagnosticians. seq.), or State meat or poultry inspec tion acts. Render. Reduce, convert, or melt down by heating to a temperature of at least 230 °F so that oil is removed. State. Each of the States of the United States, the District of Colum bia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands of the United States, or any other terri tory or possession of the United States. State animal health official. The State official responsible for livestock- and poultry-disease control and eradication programs. State representative. An individual em ployed in animal health work and au thorized by a State or political subdivi sion of a State to perform the tasks re quired by this subpart. State veterinarian. A veterinarian em ployed and authorized by a State or po litical subdivision of a State to per form the tasks required by this sub part. Veterinarian in charge. A Federal vet erinarian employed by the Animal and Plant Health Inspection Service and authorized by the Administrator to su pervise and manage the animal health work of the Animal and Plant Health Inspection Service in a specified area of the United States. [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30297, May 27, 2008; 74 FR 18287, Apr. 22, 2009; 78 FR 19083, Mar. 29, 2013] § 82.2 Criteria for determining birds or poultry to be infected with, exposed to, or free from Newcastle disease. (a) The determination that birds or poultry are infected with Newcastle disease must be made by either a Fed eral veterinarian or a State veteri narian. 1 They will base that deter mination on one or more of the fol lowing factors: clinical evidence (signs, post-mortem lesions, and history of the occurrence of Newcastle disease); diag nostic tests; 2 or epidemiological evi dence (evaluation of clinical evidence and the degree of risk posed by the po tential spread of Newcastle disease based on population and exposure fac tors, including evaluation of whether the birds and poultry have had the op portunity to be in contact with birds or poultry infected with Newcastle dis ease or with excrement from birds or poultry infected with Newcastle dis ease, or if the birds and poultry have shared feed or water with birds or poul try infected with Newcastle disease). (b) The determination that birds or poultry are exposed to Newcastle dis ease must be made by either a Federal veterinarian or a State veterinarian. They will base that determination on an evaluation of all related cir cumstances, including: the proximity of the birds or poultry to birds or poul try infected with Newcastle disease, to excrement from birds or poultry in fected with Newcastle disease, and to other material touched by birds or poultry infected with Newcastle dis ease; the number of birds or poultry in fected with Newcastle disease to which the birds or poultry were exposed; the species involved; the virulence of the Newcastle disease to which the birds or poultry were exposed; and the length of time the birds or poultry were in con tact with birds or poultry infected with Newcastle disease, and to material touched by birds or poultry infected with Newcastle disease. Birds or poul try determined to be exposed to New castle disease will continue to be treat ed as exposed unless they are subse quently determined to be infected with Newcastle disease or until either a Fed eral veterinarian or a State veteri narian finds them to be free of New castle disease based on one or more of the factors listed in paragraph (a) of this section. (Approved by the Office of Management and Budget under control number 0579–0116) VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 351 Animal and Plant Health Inspection Service, USDA § 82.5 § 82.3 Quarantined areas. (a) Any area where birds or poultry infected with Newcastle disease are lo cated will be designated as a quar antined area. A quarantined area is any geographical area, which may be a premises or all or part of a State, deemed by epidemiological evaluation to be sufficient to contain all birds or poultry known to be infected with or exposed to Newcastle disease. Less than an entire State will be designated as a quarantined area only if the State enforces restrictions on intrastate movements from the quarantined area that are at least as stringent as this subpart. (b) Any area designated as a quar antined area because of Newcastle dis ease will remain designated as a quar antined area until all of the require ments of § 82.14 have been met. (c) The following areas are quar antined because of Newcastle disease: There are no areas in the United States quarantined because of Newcastle dis ease. [61 FR 56883, Nov. 5, 1996, as amended at 67 FR 70675, Nov. 26, 2002; 68 FR 1517, Jan. 13, 2003; 68 FR 3376, Jan. 24, 2003; 68 FR 7413, Feb. 14, 2003; 68 FR 18532, Apr. 16, 2003; 68 FR 26987, 26989, May 19, 2003; 68 FR 34781, June 11, 2003; 68 FR 45744, Aug. 4, 2003; 68 FR 54800, Sept. 19, 2003] § 82.4 General provisions. (a) Prohibitions. The following arti cles may not be moved interstate from a quarantined area: (1) Dead birds and dead poultry, in cluding any parts of the birds or poul try, that are infected with Newcastle disease, or are from a flock of birds or poultry infected with Newcastle dis ease; (2) Litter used by or manure gen erated by birds or poultry, or a flock of birds or poultry, infected with New castle disease, except as provided in § 82.7(b); (3) Any eggs from birds or poultry, or a flock of birds or poultry, infected with Newcastle disease; (4) Hatching eggs from flocks of birds or poultry exposed to Newcastle dis ease; and (5) Live birds or live poultry from flocks infected with or exposed to New castle disease. (b) Restrictions. The following articles may be moved interstate from a quar antined area only in accordance with this subpart: (1) Live birds or live poultry not known to be infected with or exposed to Newcastle disease; (2) Dressed carcasses of birds and poultry, and other dead birds and dead poultry, including any parts of the birds or poultry, that are not known to be infected with Newcastle disease; (3) Litter used by or manure gen erated by birds or poultry not known to be infected with Newcastle disease; (4) Eggs, other than hatching eggs, from birds or poultry from flocks not known to be infected with Newcastle disease; (5) Hatching eggs from birds or poul try not known to be infected with or exposed to Newcastle disease; and (6) Cages, coops, containers, troughs, vehicles, or other equipment used for birds, poultry, eggs, manure, or litter. (c) Exceptions. This subpart does not apply to the interstate movement of birds, poultry, or other articles from a quarantined area if the interstate movement is made by the United States Department of Agriculture for purposes of research or diagnosis. [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30297, May 27, 2008] § 82.5 Interstate movement of live birds and live poultry from a quar antined area. (a) Pet birds. An individual may move his or her pet birds interstate from a quarantined area only if the birds are not known to be infected with or ex posed to Newcastle disease and the fol lowing requirements are fulfilled: (1) Epidemiological and testing require ments. For all pet birds moved inter state, epidemiological evidence must indicate that the birds are not infected with any communicable disease. (i) Pet birds that have been under the control and ownership of the owner for at least 90 days. Pet birds that have been under the ownership and control of the individual to whom the permit is issued for the 90 days before interstate movement, show no clinical signs of sickness (such as diarrhea, nasal dis charge, ocular discharge, ruffled feath ers, or lack of appetite) during the 90 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 352 9 CFR Ch. I (1–1–18 Edition) § 82.5 3 The location of Federal representatives and State representatives may be obtained by writing to Emergency Programs, Veteri nary Services, Animal and Plant Health In spection Service, 4700 River Road, Unit 41, Riverdale, MD 20737–1231. 4 The location of the veterinarian in charge or the State animal health official may be obtained by writing to Emergency Programs, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 41, Riverdale, MD 20737–1231, or by refer ring to the local telephone book. 5 A list of recognized slaughtering estab lishments in any State may be obtained from a Federal representative, the State animal health official, or a State representative. days before interstate movement, and have been maintained apart from other birds and poultry in the quarantined area during the 90 days before inter state movement may be moved to a lo cation outside the quarantined area for subsequent examination. The indi vidual to whom the permit is issued must maintain ownership and control of the birds and maintain them apart from other birds and poultry from the time they arrive at the place to which the individual is taking them until a Federal representative or State rep resentative 3 examines the birds and de termines that the birds show no clin ical signs of Newcastle disease. The ex amination will not be less than 30 days after the interstate movement. The in dividual to whom the permit is issued must allow Federal representatives and State representatives to examine the birds at any time until they are de clared free of Newcastle disease by ei ther a Federal veterinarian or a State veterinarian. (ii) All other pet birds. Pet birds that do not meet the criteria in paragraph (a)(2)(i) of this section may only be moved to a USDA-approved quarantine facility outside the quarantined area for a 30-day quarantine before being re leased. The individual to whom the per mit is issued must maintain ownership and control of the birds and maintain them isolated from other birds or poul try until the time they arrive at the USDA-approved quarantine facility. The pet bird owner is responsible for all costs associated for keeping his or her pet birds at the USDA-approved quarantine facility for the 30-day quar antine period. (2) Movement restrictions. All pet birds must be moved interstate from a quar antined area under the following condi tions: (i) The birds are accompanied by a permit obtained in accordance with § 82.11. (ii) The birds are moved interstate by the individual to whom the permit is issued. (iii) The birds are caged while being moved interstate. (iv) Within 24 hours of a bird’s dying or showing clinical signs of sickness (such as diarrhea, nasal discharge, ocu lar discharge, ruffled feathers, or lack of appetite), the individual to whom the permit is issued notifies the veteri narian in charge or the State animal health official 4 in the State to which the birds are moved. (v) The individual to whom the per mit is issued submits copies of the per mit so that a copy is received by the State animal health official and the veterinarian in charge for the State of destination within 72 hours of the ar rival of the birds at the destination listed on the permit. (b) Other birds (including commercial birds) and poultry. Except as provided for pet birds in paragraph (a) of this section, a person may move live birds (including commercial birds) and live poultry that are not known to be in fected with or exposed to Newcastle disease interstate from a quarantined area only if: (1) The birds and poultry are accom panied by a permit obtained in accord ance with § 82.11; (2) The birds or poultry are covered in such a way as to prevent feathers and other debris from blowing or fall ing off the means of conveyance; (3) The birds or poultry are moved in a means of conveyance either under of ficial seal or are accompanied by a Federal representative; (4) Except for emergencies, the birds or poultry are not unloaded until their arrival at the destination listed on the permit required by paragraph (b)(1) of this section; (5) If poultry or ratites, the poultry or ratites are moved interstate to a recognized slaughtering establish ment 5 and are slaughtered within 24 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 353 Animal and Plant Health Inspection Service, USDA § 82.6 6 See footnote 5 to § 82.5. hours of arrival at the recognized slaughtering establishment; (6) If birds other than poultry, the birds are moved to a site approved by the Administrator; and (7) The permit required by paragraph (b)(1) of this section is presented upon arrival at the recognized slaughtering establishment or approved site to a State representative or Federal rep resentative. Copies of the permit must also be submitted so that a copy is re ceived by the State animal health offi cial and the veterinarian in charge for the State of destination within 72 hours of arrival at the recognized slaughtering establishment. (Approved by the Office of Management and Budget under control number 0579–0116) [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30297, May 27, 2008] § 82.6 Interstate movement of dead birds and dead poultry from a quar antined area. (a) Except as provided in paragraph (b) of this section for dressed carcasses, dead birds and dead poultry, including any parts of the birds and poultry, that are not known to be infected with New castle disease may be moved interstate from a quarantined area only if: (1) The dead birds and dead poultry are accompanied by a permit obtained in accordance with § 82.11; (2) The dead birds and dead poultry are covered in such a way as to prevent feathers and other debris from blowing or falling off the means of conveyance; (3) The dead birds and dead poultry are moved in a means of conveyance ei ther under official seal or accompanied by a Federal representative; (4) The dead birds and dead poultry are not unloaded until their arrival at the destination listed on the permit re quired by paragraph (a)(1) of this sec tion; (5) The dead birds and dead poultry are moved, without stopping, to the destination listed on the permit re quired by paragraph (a)(1) of this sec tion, except for normal traffic condi tions, such as traffic lights and stop signs; (6) The dead birds and dead poultry are disposed of, within 24 hours after being loaded for interstate movement, by burial or composting in accordance with the procedures set forth in § 82.14(c)(1) and (c)(2), or by rendering, incineration, or other means approved by the Administrator as being ade quate to prevent the dissemination of Newcastle disease; and (7) Copies of the permit accom panying the dead birds and dead poul try interstate are submitted so that a copy is received by the State animal health official and the veterinarian in charge for the State of destination within 72 hours of the arrival of the dead birds and dead poultry at the des tination listed on the permit required by paragraph (a)(1) of this section. (b) Dressed carcasses from birds and poultry that are not known to be in fected with Newcastle disease may be moved interstate from a quarantined area only if: (1) The dressed carcasses are from birds or poultry that were slaughtered in a recognized slaughtering establish ment; 6 (2) The dressed carcasses have been processed in one of the following ways: (i) They are packed in hermetically sealed containers and cooked by a com mercial method after such packing to produce articles which are shelf-stable without refrigeration; or (ii) They have been thoroughly cooked and have a thoroughly cooked appearance throughout; (3) If the dressed carcasses are from poultry, the processing establishment that treats the dressed carcasses in ac cordance with paragraph (b)(2) of this section employs the following safe guards: (i) If receiving or handling any live poultry, there must be complete sepa ration between the slaughter portion of the establishment and the portions of the establishment in which further processing takes place; (ii) If the plant processes dressed car casses from both quarantined and non quarantined areas, all areas, utensils, and equipment likely to contact the poultry carcasses to be processed, in cluding skimming, deboning, cutting, and packing areas, are cleaned and dis infected in accordance with part 71 of this chapter between the processing of dressed poultry carcasses from the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 354 9 CFR Ch. I (1–1–18 Edition) § 82.7 quarantined area and the processing of dressed poultry carcasses from non quarantined areas; (iii) The dressed carcasses are stored in a manner that ensures that no cross contamination with potentially infec tious materials, such as raw or unproc essed products, occurs; (4) The dressed carcasses are accom panied by a permit obtained in accord ance with § 82.11; (5) The dressed carcasses are moved in a means of conveyance either under official seal or accompanied by a Fed eral representative; (6) The dressed carcasses are not un loaded until their arrival at the des tination listed on the permit required by paragraph (b)(4) of this section; (7) The dressed carcasses are moved, without stopping, to the destination listed on the permit required by para graph (b)(4) of this section, except for normal traffic conditions, such as traf fic lights and stop signs; and (8) Copies of the permit accom panying the dressed carcasses are sub mitted so that a copy is received by the State animal health official and the veterinarian in charge for the State of destination within 72 hours of the ar rival of the dressed carcasses at the destination listed on the permit re quired by paragraph (b)(4) of this sec tion. (Approved by the Office of Management and Budget under control number 0579–0116) [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30298, May 27, 2008] § 82.7 Interstate movement of manure and litter from a quarantined area. (a) Manure generated by and litter used by birds or poultry not known to be infected with Newcastle disease may be moved interstate from a quar antined area only if: (1) The manure and litter is accom panied by a permit obtained in accord ance with § 82.11; (2) The manure and litter has been heated throughout, in the quarantined area, to a temperature of not less than 175 °F (79.4 °C) or subjected to any other treatment approved by the Ad ministrator as being adequate to pre vent the dissemination of Newcastle disease, and then placed either in a pre viously unused container or in a con tainer that has been cleaned and dis infected, since last being used, in ac cordance with part 71 of this chapter; (3) The declaration or affidavit re quired by § 82.11(b) lists the location of the poultry or birds that generated the manure or used the litter, and the name and address of the owner of the poultry or birds that generated the ma nure or used the litter; and (4) Copies of the permit accom panying the manure and litter inter state are submitted so that a copy is received by the State animal health of ficial and the veterinarian in charge for the State of destination within 72 hours of the arrival of the manure and litter at the destination listed on the permit. (b) Compost derived from manure generated by and litter used by birds or poultry known to be infected with Newcastle disease may be moved inter state from a quarantined area only if: (1) The manure and litter is accom panied by a permit obtained in accord ance with § 82.11; (2) All birds and poultry have been removed from the premises where the manure or litter is held; (3) After all birds are removed from the premises where the manure or lit ter is held, all manure and litter inside and outside the bird or poultry house remains undisturbed for at least 28 days before being moved from the in fected premises for composting; (4) Composting is done at a site ap proved by the Administrator and under a protocol approved by the Adminis trator as being adequate to prevent the dissemination of Newcastle disease. All manure and litter from the infected premises must be moved to the composting site at the same time; (5) Following the composting process, the composted manure or litter re mains undisturbed for an additional 15 days before movement; (6) After this 15-day period, all of the composted manure or litter from the infected site is removed at the same time; (7) The resulting compost must be transported either in a previously un used container or in a container that has been cleaned and disinfected, since last being used, in accordance with part 71 of this chapter; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 355 Animal and Plant Health Inspection Service, USDA § 82.9 (8) The vehicle in which the resulting compost is to be transported has been cleaned and disinfected, since last being used, in accordance with part 71 of this chapter; and (9) Copies of the permit accom panying the compost derived from the manure and the litter are submitted so that a copy is received by the State animal health official and the veteri narian in charge for the State of des tination within 72 hours of arrival of the compost at the destination listed on the permit. [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30298, May 27, 2008] § 82.8 Interstate movement of eggs, other than hatching eggs, from a quarantined area. (a) Eggs, other than hatching eggs, from birds or poultry from flocks not known to be infected with Newcastle disease may be moved interstate from a quarantined area only if: (1) The eggs are accompanied by a permit obtained in accordance with § 82.11; (2) The eggs have been cleaned and sanitized in accordance with 9 CFR part 590; (3) The establishment that processes the eggs, other than hatching eggs, for sale establishes procedures adequate to ensure that the eggs are free of New castle disease, including: (i) The establishment separates proc essing and layer facilities, the incom ing and outgoing eggs at the establish ment, and any flocks that may reside at the establishment; (ii) The establishment implements controls to ensure that trucks, ship ping companies, or other visitors do not expose the processing plant to Newcastle disease; (iii) Equipment used in the establish ment is cleaned and disinfected in ac cordance with part 71 of this chapter at intervals determined by the Adminis trator to ensure that the equipment cannot transmit Newcastle disease to the eggs, other than hatching eggs, being processed; and (iv) The eggs are packed either in previously unused flats or cases, or in used plastic flats that were cleaned or disinfected since last being used, in ac cordance with part 71 of this chapter; (4) The eggs are moved to a facility where they are examined to ensure they have been cleaned and sanitized in accordance with paragraph (a)(2) of this section; and (5) Copies of the permit accom panying the eggs interstate are sub mitted so that a copy is received by both the State animal health official and the veterinarian in charge for the State of destination within 72 hours of the arrival of the eggs at the facility. (b) Any flats or cases intended for reuse after being used to move eggs interstate to a facility under this sec tion must be cleaned and disinfected in accordance with part 71 of this chapter before being moved to a premises where birds or poultry are kept. [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30299, May 27, 2008] § 82.9 Interstate movement of hatching eggs from a quarantined area. Hatching eggs from birds or poultry not known to be infected with or ex posed to Newcastle disease may be moved interstate from a quarantined area only if: (a) The hatching eggs are accom panied by a permit obtained in accord ance with § 82.11; (b) Copies of the permit accom panying the hatching eggs are sub mitted so that a copy is received by both the State animal health official and the veterinarian in charge for the State of destination within 72 hours of the arrival of the hatching eggs at the premises described in paragraph (c) of this section; (c) The hatching eggs have been kept in accordance with the sanitation prac tices specified in §§ 147.22 and 147.25 of the National Poultry Improvement Plan; and (d) The hatching eggs are held in the State of destination at a premises des ignated jointly by the veterinarian in charge and the State animal health of ficial from the time of arrival until hatch and the birds and poultry hatched from the eggs are held at the designated premises for not less than 30 days following hatch. During this hold ing period, the eggs and any birds or poultry hatched from the eggs are sub ject to any inspections, disinfections, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00365 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 356 9 CFR Ch. I (1–1–18 Edition) § 82.10 7 See footnote 3 to § 82.5. 8 See footnote 4 of § 82.5. and tests as may be required by the Ad ministrator to determine their freedom from Newcastle disease. [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30299, May 27, 2008] § 82.10 Interstate movement of vehi cles, cages, coops, containers, troughs, and other equipment from a quarantined area. (a) This section does not apply to cages, coops, or other containers or equipment used by or to move pet birds moved interstate in accordance with § 82.5(a). (b) Vehicles, cages, coops, containers, troughs, and other equipment that have held or that have otherwise been used in a quarantined area in the han dling of birds or poultry or their eggs, or for manure generated by or litter used by the birds or poultry, may be moved interstate from a quarantined area only in accordance with the fol lowing conditions: (1) They are made of hard plastic or metal, and the other conditions of this section are met; or (2) They are made of a disposable ma terial, such as cardboard, fiber, or waxed cardboard, are previously un used, and are disposed of by inciner ation without being reused after being moved interstate. (c) Before moving interstate any ve hicles, cages, coops, containers, troughs, or other equipment described in paragraph (b)(1) of this section, and after using these items to move birds, poultry, eggs, manure, or litter inter state from a quarantined area, the ve hicles, cages, coops, containers, troughs, and other equipment must be cleaned and disinfected in accordance with paragraphs (c)(1) through (c)(5) of this section: (1) Clean and disinfect the vehicles, cages, coops, containers, troughs, and other equipment at the place where the birds, poultry, eggs, manure, and litter are unloaded or where the equipment is used, no more than 2 hours after the birds, poultry, eggs, manure, and litter are unloaded or the equipment is used; (2) Clean the items in accordance with part 71 of this chapter; (3) Have a Federal representative or State representative 7 inspect the items after they have been cleaned; (4) Disinfect the items in the pres ence of a Federal representative or State representative; and (5) Disinfect the items in accordance with part 71 of this chapter and by using a disinfectant as specified in part 71 of this chapter. (d) If the place where the cleaning and disinfection would otherwise be re quired has no facilities for cleaning and disinfecting, the items may be moved to a place where facilities are available for cleaning and disinfecting, provided a Federal representative or State rep resentative has determined that such movement will not cause a risk of the spread of Newcastle disease. (e) Vehicles, cages, coops, containers, troughs, and other equipment that are moved interstate under this section must be accompanied by a permit ob tained in accordance with § 82.11, and copies of the permit accompanying the vehicles, cages, coops, containers, troughs, and other equipment inter state must be submitted so that a copy is received by the State animal health official and the veterinarian in charge 8 for the State of destination within 72 hours of the arrival of the vehicles, cages, coops, containers, troughs, and other equipment at the destination listed on the permit. (Approved by the Office of Management and Budget under control number 0579–0116) § 82.11 Issuance of permits. (a) Application for the permits re quired by this subpart to move inter state from a quarantined area birds, eggs, poultry, or other items requiring a permit under this part must be in writing. The application must be sub mitted to a Federal representative or State representative and must include the following: (1) The applicant’s name and mailing address; (2) The name and mailing address of the person who will receive the birds, eggs, poultry, or other items; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00366 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 357 Animal and Plant Health Inspection Service, USDA § 82.13 9 See footnote 4 to § 82.5. (3) The addresses of both the origin and destination of the birds, eggs, poul try, or other items; (4) The number and types of birds, poultry, eggs, and other items intended for interstate movement; and (5) The reason for the interstate movement. (b) In addition to the information re quired by paragraph (a) of this section, to obtain permits to move birds, poul try, eggs, manure, litter, cages, coops, containers, troughs, vehicles or other equipment interstate from a quar antined area, an applicant for a permit must submit to a Federal representa tive or State representative a declara tion or affidavit listing the require ments of § 82.5 for live birds or live poultry, § 82.6 for dead birds and dead poultry, § 82.7 for litter or manure, § 82.8 for eggs other than hatching eggs, § 82.9 for hatching eggs, or § 82.10 for cages, coops, containers, troughs, vehi cles, and other equipment, and stating that the applicant will move the items interstate only if all of the listed re quirements are met. (Approved by the Office of Management and Budget under control number 0579–0116) § 82.12 Other interstate movements and special permits. (a) A special permit is required for the interstate movement of birds, poul try, or other items whose movement is restricted under this subpart, from a quarantined area in a manner or to a destination other than is specifically prescribed by this subpart, under spe cial conditions determined by the Ad ministrator to be necessary to prevent the dissemination of Newcastle disease. A special permit is required for the dis posal of dead birds or dead poultry that are infected with Newcastle disease, or dead birds or dead poultry from flocks infected with Newcastle disease, or ma nure generated by or eggs from birds or poultry infected with Newcastle dis ease, in a manner other than is specifi cally prescribed in this subpart, and for cleaning and disinfection carried out in a manner other than is specifically pre scribed in this subpart, under special conditions determined by the Adminis trator to be necessary to prevent the dissemination of Newcastle disease. To apply for a special permit, contact the veterinarian in charge 9 for the State in which the birds, poultry, or other items are located. The Administrator may, at his or her discretion, issue spe cial permits if he or she determines that the activity authorized will not result in the interstate dissemination of Newcastle disease. (b) The special permit will list the name and address of the person to whom the special permit is issued, and the special conditions under which the interstate movement, disposal, or cleaning and disinfection may be car ried out. (1) For an interstate movement, the special permit will also include the fol lowing: (i) The name and mailing address of the person who will receive the birds, poultry, or other items; (ii) The addresses of both the origin and destination of the birds, poultry, or other items; (iii) The number and type of birds, poultry, or other items to be moved interstate; and (iv) The reason for the interstate movement. (2) For destruction or cleaning and disinfection, the special permit will also include the following: (i) The address of the place where the dead birds, dead poultry, manure, or eggs are located; and (ii) The number and type of birds, poultry, or other items involved. (c) For an interstate movement, a copy of the special permit must accom pany the items moved, and copies must be submitted so that a copy is received by the State animal health official and the veterinarian in charge for the State of destination within 72 hours of the arrival of the birds, poultry, or other items at the destination listed on the special permit. (Approved by the Office of Management and Budget under control number 0579–0116) § 82.13 Denial and withdrawal of per mits and special permits. (a) Denial. If the Administrator de termines that the applicant for a per mit or special permit is not complying with or could not comply with this sub part or any special conditions needed VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00367 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 358 9 CFR Ch. I (1–1–18 Edition) § 82.14 10 Written appeals should be sent to the Ad ministrator, c/o Emergency Programs, Vet erinary Services, Animal and Plant Health Inspection Service, 4700 River Road, River dale, MD 20737–1231. to prevent the dissemination of New castle disease, or, in the case of a spe cial permit, that the special permit is not required under this subpart, the Administrator may deny the request for a permit or special permit. If the request is denied, the Administrator will send the applicant a written notice explaining why the permit or special permit was denied. (b) Withdrawal. The Administrator may withdraw a permit or special per mit, orally or in writing, if he or she determines the person to whom the permit or special permit has been issued is violating either this subpart or some condition specified in the per mit or special permit. The Adminis trator may withdraw the permit or spe cial permit without advance notice if he or she determines that the person to whom the permit or special permit has been issued is violating either this sub part or some condition specified in the permit or special permit in a way that threatens the public health, interest, or safety. The Administrator will send the person to whom the permit or spe cial permit has been issued a written explanation of why the permit or spe cial permit is to be or was withdrawn. (c) Appeals. Denial or withdrawal of a permit or special permit may be ap pealed to the Administrator within 10 days after receipt of the written notice of denial or withdrawal. The appeal must be in writing 10 and must state all of the facts and reasons upon which the person relies to show that the permit or special permit was wrongfully de nied or withdrawn. The Administrator will grant or deny the appeal, in writ ing, explaining all of the reasons for the decision, as promptly as cir cumstances allow. In cases where there is a conflict as to any material fact, the person denied a permit or special permit, or from whom a permit or spe cial permit is withdrawn, shall be given an opportunity for a hearing with re spect to the merits of the validity of the denial or withdrawal in accordance with rules of practice adopted for the proceeding. (Approved by the Office of Management and Budget under control number 0579–0116) § 82.14 Removal of quarantine. An area will be removed from quar antine only when all of the following requirements have been met: (a) All birds and poultry exposed to Newcastle disease in the quarantined area have been found to be free of New castle disease; (b) All birds and poultry infected with Newcastle disease in the quar antined area have been euthanized; (c) All birds and poultry, including any parts of the birds and poultry, euthanized in accordance with para graph (b) of this section, and all birds and poultry in the quarantined area, including any parts of the birds and poultry, that died from any cause other than slaughter, have been buried, re duced to ashes by incineration, ren dered, or reduced to dust by composting: (1) If the birds and poultry are bur ied, all birds and poultry infected with Newcastle disease must be buried in the quarantined area. The birds and poultry must be buried in a location that meets all United States Environ mental Protection Agency, State, and local requirements for landfills. They must be buried at least 6 feet deep and be covered at the time of burial with soil; and (2) If the birds and poultry are composted, all birds and poultry in fected with Newcastle disease must be composted in the quarantined area. The birds and poultry must be composted according to the following instructions or according to another procedure approved by the Adminis trator as being adequate to prevent the dissemination of Newcastle disease: (i) Place a 1-foot layer of litter and manure in a free-standing composter bin, unless the compost pile will be covered in accordance with paragraph (c)(2)(ii) of this section. Add a 6-inch layer of straw, peanut hulls, or wood chips. Add a layer of dead birds or dead poultry, leaving 6 inches between the carcasses and the bin walls. Add water sparingly and cover with 6 inches of a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00368 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 359 Animal and Plant Health Inspection Service, USDA § 82.14 dry mixture of litter and manure. Re peat the layering process two more times and cap with a double layer of dry manure cake. After the bin is capped off and covered, monitor the temperature in the compost pile daily, using a 36-inch probe-type thermom eter. The temperature of the compost pile must reach at least 140 °F. After 30 days from the date the compost pile is created, turn over to aerate the entire mixture. Allow mixture to reach at least 140 °F once again. After comple tion of the second cycle, the mixture must remain covered with any mate rial that prevents penetration of air and moisture until spread or otherwise utilized. The composted material may not be spread or otherwise utilized until at least 30 days following comple tion of the second heating cycle. (ii) Composting of birds and poultry may be accomplished outside of cov ered bins by following the layering and temperature requirements set forth in paragraph (c)(2)(i) of this section, then covering the compost pile with tarpau lins or 6-mm polyethylene sheets an chored with tires or straw bales. The mixture must be kept moist. The final product may not be spread or otherwise utilized until at least 30 days following completion of the second heating cycle. (iii) Composting of birds and poultry must be carried out at least 50 yards from any building or pen where poultry and birds are housed and be inacces sible to birds and poultry. Composted material may not be commingled with, or otherwise be brought into contact with, non-composted manure cake; (d) All eggs produced by birds or poultry infected with or exposed to Newcastle disease in the quarantined area have been buried, reduced to ashes by incineration, or rendered. If the eggs are buried, the eggs must be bur ied in the quarantined area in a loca tion that meets all United States Envi ronmental Protection Agency require ments and all State and local require ments for landfills. The eggs must be buried at least 6 feet deep and be cov ered at the time of burial with soil; (e) All manure generated by or litter used by birds or poultry infected with or exposed to Newcastle disease in the quarantined area has been reduced to ashes by incineration, or has been bur ied, composted, or spread on a field and turned under, as follows: (1) Burial. If the manure or litter is buried, the manure and litter must be buried at least 6 feet deep and covered at the time of burial with soil. The ma nure and litter must be buried in the quarantined area in a location that meets all United States Environmental Protection Agency and State and local requirements for landfills; (2) Composting. If the manure and lit ter is composted, the manure and litter must be composted in the quarantined area. The manure and litter must be composted according to the following method, or according to another proce dure approved by the Administrator as being adequate to prevent the dissemi nation of Newcastle disease: Place the manure and litter in rows 3 to 5 feet high and 5 to 10 feet at the base. The area where the manure, litter, and other material used in composting are placed must be such that there is no runoff from the composted material out of the area, no saturation into the ground, and no moisture, except for that required by this paragraph, onto the composted material from above. The composting area must be at least 50 yards from any building or pen where birds or poultry are housed and be inaccessible to birds and poultry. The manure and litter must be mixed so as to attain a carbon to nitrogen ratio of approximately 30:1, a moisture content of between 40 to 50 percent, and a supply of oxygen to the composted material. If a carbon source other than manure or litter is needed, wood chips, straw, or peanut hulls may be used. The manure and litter must be covered with tarpaulin or 6-mm poly ethylene sheets, be anchored with tires or straw bales, and be mixed to ensure adequate ventilation every 10 to 15 days. The composted material must rise to a temperature of 140 °F, as de termined by use of a 36-inch probe-type thermometer. The composted material may not be spread or otherwise utilized for at least 30 days from the time the 140 °F temperature is reached; and (3) Spreading and turning under. Spreading and turning under of manure VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 360 9 CFR Ch. I (1–1–18 Edition) § 82.15 or litter may be used as a means of dis posal only if carried out under the di rect supervision of a Federal represent ative or a State representative. If the manure or litter is spread on a field and turned under, the field must be in the quarantined area, at least 50 yards away from any building or pen where poultry or birds are housed, and inac cessible to birds and poultry. The ma nure or litter must be turned under within 24 hours of being spread on the field, and the field must be left undis turbed for at least 30 days; (f) All vehicles with which the birds or poultry infected with or exposed to Newcastle disease or their excrement or litter have had physical contact have been cleaned and disinfected in accordance with part 71 of this chapter. The vehicles have been inspected after cleaning, and before disinfection, by a Federal representative or State rep resentative, and then have been dis infected in the presence of a Federal representative or State representative with a disinfectant listed in part 71 of this chapter; (g) All cages, coops, containers, troughs, and other equipment used for birds or poultry infected with or ex posed to Newcastle disease, or their ex crement or litter have been reduced to ashes by incineration, or have been cleaned and disinfected in accordance with part 71 of this chapter. The items must be inspected after cleaning, and before disinfection, by a Federal rep resentative or State representative, and then must be disinfected in the presence of a Federal representative or State representative, with a disinfect ant listed in part 71 of this chapter; and (h) The premises where birds or poul try infected with or exposed to New castle disease were located have been cleaned and disinfected in accordance with part 71 of this chapter. The prem ises have been inspected after cleaning, and before disinfection, by a Federal representative or State representative, and then have been disinfected in the presence of a Federal representative or State representative with a disinfect ant listed in part 71 of this chapter. (i) After the other conditions of this section are fulfilled, an area will not be released from quarantine until fol lowup surveillance over a period of time determined by the Administrator indicates Newcastle disease is not present in the quarantined area. (Approved by the Office of Management and Budget under control number 0579–0116) [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30299, May 27, 2008] § 82.15 Replacement birds and poultry. Birds and poultry that have been de stroyed because of a quarantine for Newcastle disease may not be replaced by birds or poultry moved interstate into the quarantined area until the Ad ministrator decides that Newcastle dis ease has been eradicated and that re placement birds or poultry will not be come infected with Newcastle disease. § 82.16 Extraordinary emergencies; ap plicability of regulations. When, in accordance with sec. 10407 of the Animal Health Protection Act (7 U.S.C. 8306), the Secretary of Agri culture determines that an extraor dinary emergency exists because of Newcastle disease, the regulations in this subpart regarding interstate move ment shall be applicable to intrastate movement within any State or portion of a State subject to the Secretary’s declaration of extraordinary emer gency until such time as the Secretary terminates that declaration. [68 FR 1517, Jan. 13, 2003] Subpart B—Chlamydiosis in Poultry § 82.19 Definitions. As used in connection with this sub part, the following terms shall have the meaning set forth in this section. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in subchapters B, C, and D of this chap ter. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any individual author ized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 361 Animal and Plant Health Inspection Service, USDA § 82.21 1 See footnote 3 to § 82.5. Bird. Any member of the class aves other than poultry. Chlamydiosis. A contagious bacterial disease of birds and poultry, character ized by respiratory and systemic infec tion. The disease is also known as psit tacosis in psittacine birds and as orni thosis in poultry. Federal representative. An individual employed and authorized by the Fed eral government to perform the tasks required by this subpart. Federal veterinarian. A veterinarian employed and authorized by the Fed eral government to perform the tasks required by this subpart. Infected. Affected by the virus or bac terium that causes the specified dis ease. Interstate. From one State into or through any other State. Moved. Shipped, transported or other wise moved, or delivered or received for movement, by any person. Person. Any individual, corporation, company, association, firm, partner ship, society, joint stock company, or other legal entity. Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys. State. Each of the States of the United States, the District of Colum bia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands of the United States, or any other terri tory or possession of the United States. State animal health official. The State official responsible for livestock- and poultry-disease control and eradication programs. State representative. An individual em ployed in animal health work and au thorized by a State or political subdivi sion of a State to perform the tasks re quired by this subpart. Veterinarian in charge. A Federal vet erinarian employed by the Animal and Plant Health Inspection Service and authorized by the Administrator to su pervise and manage the animal health work of the Animal and Plant Health Inspection Service in a specified area of the United States. § 82.20 General restrictions. The following items may not be moved interstate: (a) Live poultry infected with chlamydiosis; (b) Dead poultry that were infected with chlamydiosis when they died, and parts of dead poultry that were in fected with chlamydiosis when they died; and (c) Offal from poultry infected with chlamydiosis. § 82.21 Vehicles, cages, coops, con tainers, troughs, and other equip ment used for infected poultry. (a) Before moving vehicles, cages, coops, containers, troughs, and other equipment interstate that have held or have otherwise been used in the han dling of poultry infected with chlamydiosis, and after using these items to move poultry infected with chlamydiosis interstate, the vehicles, cages, coops, containers, troughs, and other equipment must be cleaned and disinfected in accordance with para graphs (a)(1) through (a)(5) of this sec tion: (1) Clean and disinfect the vehicles, cages, coops, containers, troughs, and other equipment at the place where the poultry are unloaded or where the equipment is used, no more than 2 hours after the poultry infected with chlamydiosis are unloaded or the equipment is used; (2) Clean the items in accordance with part 71 of this chapter; (3) Have a Federal representative, State representative, 1 or an accredited veterinarian, inspect the items after they have been cleaned; (4) Disinfect the items in the pres ence of a Federal representative, State representative, or an accredited veteri narian; and (5) Disinfect the items in accordance with part 71 of this chapter and by using a disinfectant as specified in part 71 of this chapter. (b) If the place where the cleaning and disinfection would otherwise be re quired has no facilities for cleaning and disinfecting, the items may be moved to a place where facilities are available for cleaning and disinfecting, provided a Federal representative or State rep resentative has determined that such VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 362 9 CFR Ch. I (1–1–18 Edition) § 82.22 2 See footnote 4 to § 82.5. movement will not cause a risk of the spread of chlamydiosis. (c) Vehicles, cages, coops, containers, troughs, and other equipment moved interstate under this section must be accompanied by a permit obtained in accordance with § 82.23, and copies of the permit accompanying the vehicles, cages, coops, containers, troughs, and other equipment interstate must be submitted so that a copy is received by both the State animal health official and the veterinarian in charge 2 for the State of destination within 72 hours of the arrival of the vehicles, cages, coops, containers, troughs, and other equipment at the destination listed on the permit. (Approved by the Office of Management and Budget under control numbers 0579–0116 and 0579–0032) § 82.22 Cleaning and disinfecting premises. Premises that contained poultry that were infected with chlamydiosis must be cleaned and disinfected in accord ance with this section before any poul try are moved interstate onto the premises. (a) The premises must be cleaned in accordance with part 71 of this chapter; (b) After being cleaned, the premises must be inspected by a Federal rep resentative, State representative, or an accredited veterinarian; and (c) After being inspected, the prem ises must be disinfected in the presence of a Federal representative, State rep resentative, or an accredited veteri narian, in accordance with part 71 of this chapter, using a disinfectant listed in part 71 of this chapter. (Approved by the Office of Management and Budget under control numbers 0579–0116 and 0579–0032) § 82.23 Issuance of permits. (a) Application for the permit re quired by this subpart to move vehi cles, cages, coops, containers, troughs, or other equipment interstate must be in writing, and must be submitted to a Federal representative or State rep resentative. The application must in clude the following: (1) The applicant’s name and mailing address; (2) The name and mailing address of the person who will receive the items; (3) The addresses of both the origin and destination of the items; (4) The number and types of items in tended for interstate movement; and (5) The reason for the interstate movement. (b) Exceptions. This subpart does not apply to the interstate movement of poultry, vehicles, cages, coops, con tainers, troughs, or other equipment or material if the interstate movement is made by the United States Department of Agriculture for the purposes of re search or diagnosis. (Approved by the Office of Management and Budget under control number 0579–0116) § 82.24 Other interstate movements and special permits. (a) A special permit is required for the interstate movement of items whose movement interstate is re stricted under this subpart in a manner or to a destination other than is spe cifically prescribed by this subpart. A special permit is required for the dis infection of vehicles, premises, cages, coops, containers, troughs, and other equipment by a method other than is specifically prescribed by this subpart. To apply for a special permit, contact the veterinarian in charge for the State in which the items are located. The Administrator may, at his or her discretion, issue special permits if he or she determines the activity author ized will not increase the risk of spreading chlamydiosis interstate. (b) The special permit will list the name and address of the person to whom the special permit is issued, and the special conditions under which the interstate movement, or cleaning and disinfection, may be carried out. (1) For an interstate movement, the special permit will also include the fol lowing: (i) The name and mailing address of the person who will receive the items; (ii) The addresses of both the origin and destination of the items; (iii) The number and type of items to be moved interstate; and (iv) The reason for the interstate movement. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00372 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 363 Animal and Plant Health Inspection Service, USDA Pt. 85 3 See footnote 10 to § 82.13. (2) For cleaning and disinfection, the special permit will also include the fol lowing: (i) The address of the place where the items are located; and (ii) The number and type of items in volved. (c) For an interstate movement, a copy of the special permit must accom pany the items moved, and copies must be submitted so that a copy is received by both the State animal health offi cial and the veterinarian in charge for the State of destination within 72 hours of the arrival of the items at the destination listed on the special per mit. (Approved by the Office of Management and Budget under control number 0579–0116) § 82.25 Denial and withdrawal of per mits and special permits. (a) Denial. If the Administrator de termines that the applicant for a per mit or special permit is not complying with or could not comply with this sub part or any special conditions needed to prevent the spread of chlamydiosis, or, in the case of a special permit, that the special permit is not required under this subpart, the Administrator may deny the request for a permit or special permit. If the request is denied, the Administrator will send the appli cant a written notice explaining why the permit or special permit was de nied. (b) Withdrawal. The Administrator may withdraw a permit or special per mit, orally or in writing, if he or she determines the person to whom the permit or special permit has been issued is violating either this subpart or some condition specified in the per mit or special permit. The Adminis trator may withdraw the permit or spe cial permit without advance notice if he or she determines that the person to whom the permit or special permit has been issued is violating either this sub part or some condition specified in the permit or special permit in a way that threatens the public health, interest, or safety. The Administrator will send the person to whom the permit or spe cial permit has been issued a written explanation of why the permit or spe cial permit is to be or was withdrawn. (c) Appeals. Denial or withdrawal of a permit or special permit may be ap pealed to the Administrator within 10 days after receipt of the written notice of denial or withdrawal. The appeal must be in writing 3 and must state all of the facts and reasons upon which the person relies to show that the permit or special permit was wrongfully de nied or withdrawn. The Administrator will grant or deny the appeal, in writ ing, explaining all of the reasons for the decision, as promptly as cir cumstances allow. In cases where there is a conflict as to any material fact, the person denied a permit or special permit, or from whom a permit or spe cial permit is withdrawn, shall be given an opportunity for a hearing with re spect to the merits or validity of the denial or withdrawal in accordance with rules of practice adopted for the proceeding. (Approved by the Office of Management and Budget under control number 0579–0116) PART 85—PSEUDORABIES Sec. 85.1 Definitions. 85.2 Notice relating to the existence of the contagion of pseudorabies. 85.3 General restriction. 85.4 Interstate movement of livestock. 85.5 Interstate movement of infected swine or exposed swine. 85.6 Interstate movement of pseudorabies vaccinate swine, except swine from qualified negative gene-altered vac cinated herds, not known to be infected with or exposed to pseudorabies. 85.7 Interstate movement of swine not vac cinated for pseudorabies and not known to be infected with or exposed to pseudorabies. 85.8 Interstate movement of swine from a qualified negative gene-altered vac cinated herd. 85.9 Other interstate movements. 85.10 Interstate movement of swine semen and swine embryos for insemination of or implantation into swine. 85.11 Permits and certificates. 85.12 Cleaning and disinfecting means of conveyance. 85.13 Cleaning and disinfecting livestock markets and other facilities. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00373 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 364 9 CFR Ch. I (1–1–18 Edition) § 85.1 1 The names and addresses of laboratories approved by the Administrator to conduct approved differential pseudorabies tests are published in the Notices Section of the FED ERAL REGISTER. A list of approved labora tories is also available upon request from the Animal and Plant Health Inspection Service, Veterinary Services, Operational Support, 4700 River Road Unit 33, Riverdale, Maryland 20737–1231. State, Federal, and university lab oratories will be approved by the Adminis trator when he or she determines that the laboratory: (a) Employs personnel trained at the National Veterinary Services Labora tories assigned to supervise the testing; (b) follows standard test protocols; (c) meets check test proficiency requirements; and (d) will report all test results to State and Fed eral animal health officials. Before the Ad ministrator may withdraw approval of any laboratory for failure to meet any of these conditions, the Administrator must give written notice of the proposed withdrawal to the director of the laboratory, and must give the director an opportunity to respond. If there are conflicts as to any material fact, a hearing will be held to resolve the conflict. 2 Notices containing lists of such approved livestock markets are published in the FED ERAL REGISTER. Information concerning live stock markets can be obtained from the Vet erinarian in Charge, Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture for the State in question. 3 Before the Administrator withdraws ap proval of any livestock market, the owner of such livestock market shall be given notice by the Administrator of the proposed with drawal of approval and the reasons therefor and such owner shall have an opportunity to present his views thereon. In those instances where there are conflicts as to the facts, a hearing shall be held to resolve such con flicts. SOURCE: 44 FR 10309, Feb. 16, 1979, unless otherwise noted. § 85.1 Definitions. For purposes of this part, the fol lowing terms mean: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative state-federal disease control and eradi cation programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Sevice. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). Approved differential pseudorabies test. Any test for the diagnosis of pseudorabies that: (a) Can distinguish vaccinated swine from infected swine; (b) Is produced under license from the Secretary of Agriculture under the Virus-Serum-Toxin Act of March 4, 1913, and subsequent amendments (21 U.S.C. 151 et seq.) with indications for use in the Cooperative State-Federal Pseudorabies Eradication Program; and (c) Is conducted in a laboratory ap proved by the Administrator. 1 Approved livestock market. A stock yard, livestock market, buying station, concentration point or any other prem ises under State or Federal veterinary supervision where swine are assembled for sale or sale purposes, and which has been approved by the Administrator under § 71.20 of this chapter. 2, 3 Certificate. An official document issued by an Animal and Plant Health Inspection Service representative, State representative, or accredited vet erinarian for and prior to the inter state movement of swine that are not known to be infected with or exposed to pseudorabies, and are not pseudorabies vaccinates, except for of ficial gene-altered pseudorabies vac cinates vaccinated with a glycoprotein I (gpI) deleted gene-altered pseudorabies vaccine or from a quali fied negative gene-altered vaccinated herd. The document must state: (a) The number and description of the swine to be moved; (b) That the swine to be moved are not known to be infected with or exposed to pseudorabies; (c) The purpose for which the swine are to be moved; (d) The points of origin and destination; (e) The consignor and con signee; and (f) Any additional informa tion required by this part. Common ground. The ground, areas, buildings or equipment communally shared by any specific group or groups of livestock. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00374 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 365 Animal and Plant Health Inspection Service, USDA § 85.1 4 The epidemiologist shall consider the fol lowing epidemiologic evidence to determine which swine in the herd, in addition to the titered swine, must be subjected to an offi cial pseudorbies serologic test and found negative: (a) the percentage and number of titered swine in the herd; (b) the number of Continued Contact. Direct access to other swine, their excrement, or discharges; or shar ing a building with a common ventila tion system with other swine, or being within ten feet of other swine if not sharing a building with a common ven tilation system. Exposed livestock. Any livestock that has been in contact with an animal in fected with pseudorabies, including all livestock in a known infected herd; ex cept that livestock, other than swine, that have not been exposed to a clin ical case of the disease for a period of 10 consecutive days shall no longer be considered to be exposed livestock. Exposed swine. Any swine that has been in contact with an animal in fected with pseudorabies, including all swine in a known infected herd. Farm of origin. A farm where the swine were born, or on which they have resided for at least 90 consecutive days immediately prior to the interstate shipment. Feedlot. A premises where swine are fed physically separated from swine kept for breeding or other purposes and from which such swine are moved di rectly to a recognized slaughtering es tablishment or directly through one or more slaughter markets and then di rectly to a recognized slaughtering es tablishment, quarantined herd, or quarantined feedlot. Herd. Any group of livestock main tained on common ground for any pur pose, or two or more groups of live stock under common ownership or su pervision, geographically separated, but which have an interchange or movement of animals without regard to whether the animals are infected with or exposed to pseudorabies. Infected livestock. Any livestock de termined to be infected with pseudorabies by an official pseudorabies test, or diagnosed by an official pseudorabies epidemiologist as having pseudorabies. Interstate. From any State into or through any other State. Isolation. Separation of swine by a physical barrier in such a manner that other swine do not have access to the isolated swine’s body, excrement, or discharges; not allowing the isolated swine to share a building with a com mon ventilation system with other swine; and not allowing the isolated swine to be within ten feet of other swine if not sharing a building with a common ventilation system. Known infected herd. Any herd in which any livestock has been deter mined to be infected with pseudorabies by an official pseudorabies test, an ap proved differential pseudorabies test, or diagnosed by an official pseudorabies epidemiologist as having pseudorabies. (a) A herd of livestock, other than swine, shall no longer be classified as a known infected herd after 10 days since the last clinical case of pseudorabies in the herd. (b) A herd of swine which has been re leased from pseudorabies quarantine in accordance with the following provi sions shall no longer be classified as a known infected herd if: (1) All swine positive to an official pseudorabies test have been removed from the premises; all swine which re main in the herd, except swine nursing from their mothers, are subjected to an official pseudorabies serologic test and found negative 30 days or more after removal of swine positive to an official pseudorabies test; and no livestock on the permises have shown clinical signs of pseudorabies after removal of the postive swine; or (2) All swine have been depopulated for 30 days and the herd premises have been cleaned and disinfected in accord ance with § 85.13; or (3) In a herd of swine in which swine are positive to an official pseudorabies serologic test but no swine are postive at titers greater than 1:8, all titered swine are subjected to another official pseudorabies serologic test and found negative; and all other swine in the herd which an epidemiologist, approved by the State animal health official and the Veterinarian in Charge, requires to be subjected to an official pseudorabies serologic test are tested and found neg ative. 4 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00375 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 366 9 CFR Ch. I (1–1–18 Edition) § 85.1 titered swine as compared to the number of swine tested; (c) the extent of the contact of members of the herd with the titered swine; (d) the prevalence of pseudorabies in the area; (e) the herd management practices; and (f) any other reliable epidemiologic evidence. 5 Notices containing lists of laboratories approved for the purposes of the regulations in this part are published in the FEDERAL REGISTER Notices Section. The lists are also available upon request from the Animal and Plant Health Inspection Service, Veterinary Services, Operational Support, 4700 River Road Unit 33, Riverdale, Maryland 20737–1231. 6 Copies of the test protocols (Rec ommended Minimum Standards for Diag nostic Tests Employed in the Diagnosis of Pseudorabies (Aujeszky’s Disease)) published as a Veterinary Services Notice, May 17, 1978, are available upon request from the Animal and Plant Health Inspection Service, Veterinary Services, Operational Support, (4) In a herd of swine containing offi cial gene-altered pseudorabies vac cinates: (i) All vaccinates have been vac cinated with the same official gene-al tered pseudorabies vaccine; and (ii) All swine positive to an approved differential pseudorabies test have been gone from the herd for at least 60 days; and (iii) No livestock on the same prem ises as the herd have shown clinical signs of pseudorabies since removal of the positive swine; and (iv) The herd has been tested for pseudorabies and found negative in ac cordance with one of the following two provisions: (A) All swine in the herd, except suckling swine, are tested with an ap proved differential pseudorabies test. If all tested swine are found negative, no further testing is required. If any swine test positive, they may be retested with an approved differential pseudorabies test within 30 days of the first test if they are isolated from the remainder of the herd until the retest shows them to be negative. (B) All swine in the herd over 6 months of age and a random sample of 30 or more swine in each segregated group of swine in the herd between 2 and 6 months of age are tested with an approved differential pseudorabies test. Not less than 30 days nor more than 60 days after this first test, another ran dom sample of 30 or more swine in each segregated group of swine in the herd between 2 and 6 months of age is tested with an approved differential pseudorabies test. If all swine are nega tive on these tests, no further testing is required. If any swine test positive on either of these tests, the positive swine may be retested with an ap proved differential test within 30 days of the initial test if they are isolated from the remainder of the herd until the retest shows them to be negative. Livestock. Swine, cattle, sheep or goats. Moved. Shipped, transported, or oth erwise moved, or delivered or received for movement by land, water, or air. Official gene-altered pseudorabies vac cinate. Swine vaccinated with an offi cial gene-altered pseudorabies vaccine, in accordance with directions on the label. Official gene-altered pseudorabies vac cine. Any official pseudorabies vaccine for which there is an approved differen tial pseudorabies test. Official pseudorabies epidemiologist. A state or federally employed veteri narian designated by the State animal health official and the veterinarian in charge to investigate and diagnose pseudorabies in livestock. Official pseudorabies serologic test. An official pseudorabies test, as defined in this section, conducted on swine serum to detect the presence or absence of pseudorabies antibodies. Official pseudorabies test. Any test for the diagnosis of pseudorabies approved by the Administrator conducted in a laboratory approved by the Adminis trator as listed in a Veterinary Serv ices Notice listing such laboratories. 5 The following tests for the diagnosis of pseudorabies have been approved by the Administrator: 1. Microtitration Serum-Virus Neutralization Test; 2. Virus Isolation and Identification Test; 3. Fluorescent Antibody Tissue Section Test; 4. Enzyme-Linked Immunosorbent Assay (ELISA) Test, except for approved differential pseudorabies tests other than the glycoprotein I (gpI) ELISA test; 5. Latex Agglutination Test (LAT); and 6. Particle Concentration Fluorescence Immunoassay (PCFIA) Test, including the gpI PCFIA test. 6 State, Federal, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 367 Animal and Plant Health Inspection Service, USDA § 85.1 4700 River Road, Unit 33, Riverdale, Mary land 20737–1231. 7 Before the Administrator withdraws the approval of any laboratory, the Director of such laboratory shall be given a notice by the Administrator of the proposed dis approval and the reasons therefore and such Director shall have an opportunity to present his views thereon. In those instances where there are conflicts as to the facts, a hearing shall be held to resolve such con flicts. 8 The numbered pink eartags are available commercially. Should any problem arise re garding the availability of such eartags, con tact the appropriate State animal health of ficial. and University laboratories will be ap proved by the Administrator following the determination by him that the lab oratory: (a) Has personnel trained at the Veterinary Services Diagnostic Laboratory, Ames, Iowa, assigned to supervise the test, (b) follows standard test protocol, (c) meets check test pro ficiency requirements, and (d) will re port all test results to State and Fed eral animal health officials. 7 Official pseudorabies vaccine. Any pseudorabies virus vaccine produced under license from the Secretary of Ag riculture under the Virus, Serum and Toxin Act of March 4, 1913, and any leg islation amendatory thereof (21 U.S.C. 151 et seq.). Official vaccinate. Any swine which have been: (a) Vaccinated with an offi cial pseudorabies vaccine by an accred ited veterinarian or a State or Federal veterinarian in accordance with rec ommendations on the vaccine label and the laws and regulations of the State in which the swine are vaccinated; (b) identified by a numbered pink eartag approved by the State in which such swine are vaccinated; 8 and (c) reported as official vaccinates at the time of vaccination to the State animal health official. Owner-shipper statement. A statement signed by the owner or shipper of swine which states: (a) The number of swine to be moved; (b) the points of origin and destination; (c) the consignor and consignee; and (d) any additional infor mation required by this part. Permit. An official document issued for and prior to the interstate move ment of pseudorabies infected, exposed or vaccinated swine under this part by an Animal and Plant Health Inspection Service representative, State rep resentative, or an accredited veteri narian which states: (a) The number of swine to be moved; (b) the purpose for which the swine are to be moved; (c) the points of origin and destination; (d) the consignor and the consignee; and (e) any additional information required by this part. Pseudorabies. The contagious, infec tious, and communicable disease of livestock and other animals also known as Aujeszky’s disease, mad itch, or infectious bulbar paralysis. Pseudorabies controlled vaccinated herd. (a) Pseudorabies controlled vac cinated herd status is attained by sub jecting all swine over 6 months of age to an official pseudorabies serologic test and finding all swine so tested neg ative. The herd must not have been a known infected herd within the past 30 days. Any swine in the herd over 6 months of age may be vaccinated for pseudorabies within 15 days after being subjected to an official pseudorabies serologic test and found negative. 1 (b) If on the qualifying official pseudorabies serologic test or any sub sequent official pseudorabies test, any swine so tested are positive, pseudorabies controlled vaccinated herd status is attained or regained by: removing all positive swine; cleaning and disinfecting the herd premises in accordance with § 85.13; subjecting all swine in the herd, except swine nursing from their mothers, to an official pseudorabies serologic test 30 days or more after removal of the positive swine and finding all swine so tested negative; and, after an interval of 30 to 60 days after the first such negative of ficial pseudorabies serologic herd test, subjecting all swine in the herd over 6 months of age to another official pseudorabies serologic test and finding all swine so tested negative. (c)(1) Pseudorabies controlled vac cinated herd status is maintained by: subjecting 25 percent of all the off spring to an official pseudorabies sero logic test when they are between 16 and 20 weeks of age and finding all swine so tested negative, or by leaving 10 per cent of the swine over 6 months of age in the herd unvaccinated and sub jecting all such unvaccinated swine to VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 368 9 CFR Ch. I (1–1–18 Edition) § 85.1 an official pseudorabies serologic test every 80–105 days and finding all swine so tested negative. (2) Any swine in the herd over 6 months of age may be vaccinated for pseudorabies within 15 days after being subjected to an official pseudorabies serologic test and found negative; Pro vided That, if pseudorabies controlled vaccinated herd status is to be main tained by testing unvaccinated swine over 6 months of age, at least 10 per cent of the swine in the herd over 6 months of age shall remain unvaccinated. (3) All swine intended to be added to a pseudorabies controlled vaccinated herd shall be isolated until the swine have been found negative to an official pseudorabies serologic test conducted 30 days or more after the swine have been placed in isolation. Not more than 90 percent of the swine over 6 months of age added to the herd may be vac cinated for pseudorabies. All additions to the herd which are to be vaccinated for pseudorabies shall be vaccinated within 15 days after being subjected to such official pseudorabies serologic test. All additions to the herd shall be added to the herd within 30 days after such official pseudorabies serologic test. (4) Swine which have not been vac cinated for pseudorabies and which are to be tested to maintain pseudorabies controlled vaccinated herd status shall be maintained in the herd so that the pseudorabies vaccinates can physically touch nonvaccinates or so that the pseudorabies vaccinates are within 10 feet of nonvaccinates while sharing a direct common ventilation system with such nonvaccinates. Pseudorabies vaccinate. Any swine that have been vaccinated with any product containing antigens for pseudorabies. Qualified negative gene-altered vac cinated herd. (a) Any herd in which no swine are known to be infected with or exposed to pseudorabies, and in which no swine are vaccinated for pseudorabies, may achieve status as a qualified negative gene-altered vac cinated herd under the following condi tions: (1) All swine in the herd over 6 months of age must be tested with an official pseudorabies serologic test. For a minimum of 30 days before the test, the herd must not have been a known infected herd. During the 90 days before the test, at least 90 percent of the swine in the herd either must have been on the premises and a part of the herd, or must have entered the herd di rectly from a qualified pseudorabies negative herd. If any of the tested swine are found positive on this or any other official pseudorabies test prior to vaccination with the official gene-al tered pseudorabies vaccine, the re quirements in paragraph (a)(2) must be met. (2) All swine that are positive on an official pseudorabies test must be re moved from the herd, or must be iso lated until another official pseudorabies test conducted within 30 days of the first test shows them to be negative. If the results of the second test are negative, no additional testing is required before the herd may be vac cinated in accordance with paragraph (a)(3). If the results of the second test are positive, all swine that tested posi tive must be removed from the herd. Not less than 30 days after any positive swine are removed from the herd, all remaining swine in the herd, except suckling swine, must be tested with an official pseudorabies serologic test and found negative. Not less than 30 days after this negative test, the herd must be tested again in accordance with paragraph (a)(1). (3) Not more than 30 days after test results show the herd to be negative for pseudorabies in accordance with para graph (a)(1), all swine in the herd over 6 months of age must be vaccinated with an official gene-altered pseudorabies vaccine. Only one official gene-altered pseudorabies vaccine may be used in the herd. (b) Any herd designated as a qualified pseudorabies negative herd may achieve new status as a qualified nega tive gene-altered vaccinated herd if all swine in the herd over 6 months of age are vaccinated with an official gene-al tered pseudorabies vaccine. Only one official gene-altered pseudorabies vac cine may be used in the herd. (c) Any herd in which no swine are known to be infected with or exposed to pseudorabies, and in which the only VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00378 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 369 Animal and Plant Health Inspection Service, USDA § 85.1 swine vaccinated for pseudorabies are official gene-altered pseudorabies vac cinates, may achieve status as a quali fied negative gene-altered vaccinated herd under the following conditions: (1) Only one official gene-altered pseudorabies vaccine may be used in the herd. (2) All swine in the herd over 6 months of age must be tested with an approved differential pseudorabies test. For a minimum of 60 days before the test, the herd must not have been a known infected herd. During the 90 days before the test, at least 90 percent of the swine in the herd either must have been on the premises and a part of the herd or must have entered the herd directly from a qualified pseudorabies negative herd or a qualified negative gene-altered vaccinated herd. If any of the tested swine are found positive on this test, the requirements in para graph (c)(3) must be met. (3) All swine positive on an approved differential pseudorabies test must be removed from the herd, or must be iso lated until another approved differen tial pseudorabies test conducted within 30 days of the first test shows them to be negative. If the results of the second test are negative, no additional testing is required before the herd may be vac cinated in accordance with paragraph (c)(4). If the results of the second test are positive, all swine that tested posi tive must be removed from the herd. No less than 30 days after any negative swine are removed from the herd, all remaining swine in the herd, except suckling swine, must be tested with an approved differential pseudorabies test and found negative. No less than 30 days after this negative test, the herd must be tested again in accordance with paragraph (c)(2). (4) No more than 30 days after test re sults show the herd to be negative for pseudorabies in accordance with para graph (c)(2), all swine in the herd over 6 months of age that are not already official gene-altered pseudorabies vac cinates must be vaccinated with an of ficial gene-altered pseudorabies vac cine. Only one official gene-altered pseudorabies vaccine may be used in the herd. (d) Qualified negative gene-altered vaccinated herd status is maintained under the following conditions: (1) All swine over 6 months of age in the herd must be official gene-altered pseudorabies vaccinates, and only one official gene-altered pseudorabies vac cine may be used in the herd. (2) All swine over 6 months of age in the herd must be tested at least once a year with an approved differential pseudorabies test and found negative; except that, if any swine are positive, the herd may maintain its status if the positive swine are isolated from the rest of the herd until they are found negative to a second approved differen tial pseudorabies test conducted within 30 days of the first. The requirement for annual testing of all swine in the herd over 6 months of age may be met by testing 25 percent of the swine over 6 months of age every 80–105 days, or by testing 10 percent of the swine over 6 months of age each month. No swine may be tested twice in 1 year to com ply with the 25 percent requirement, or twice in 10 months to comply with the 10 percent requirement. (3) Swine may be added to a qualified negative gene-altered vaccinated herd only under one of the following condi tions: (i) The swine are moved to the quali fied negative gene-altered vaccinated herd from another qualified negative gene-altered vaccinated herd, or from a qualified pseudorabies negative herd, without having any contact en route with swine other than those from a qualified negative gene-altered vac cinated herd or a qualified pseudorabies negative herd. (ii) The swine are moved to the quali fied negative gene-altered vaccinated herd from a qualified pseudorabies neg ative herd, have contact en route with swine other than those from a qualified negative gene-altered vaccinated herd or a qualified pseudorabies negative herd, and, before being added, are iso lated until they are found negative to an official pseudorabies serologic test conducted 30 days or more after the swine are isolated. (iii) The swine are moved to the qualified negative gene-altered vac cinated herd from another qualified negative gene-altered vaccinated herd, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00379 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 370 9 CFR Ch. I (1–1–18 Edition) § 85.1 have contact en route with swine other than those from a qualified negative gene-altered vaccinated herd or a qualified pseudorabies negative herd, and, before being added, are isolated until they are found negative to an ap proved differential pseudorabies test conducted 30 days or more after the swine are isolated. (iv) The swine are removed to the qualified negative gene-altered vac cinated herd from a herd other than a qualified negative gene-altered vac cinated herd or a qualified pseudorabies negative herd, and, before being added, are isolated until they are found negative to two official pseudorabies serologic tests, one con ducted at the time the swine are iso lated, and the second conducted 30 days or more after the swine are isolated. Qualified pseudorabies negative herd. (a) Qualified pseudorabies negative herd status is attained by subjecting all swine over 6 months of age to an of ficial pseudorabies serologic test and finding all swine so tested negative. The herd must not have been a known infected herd within the past 30 days. A minimum of 90 percent of the swine in the herd must have been on the prem ises and a part of the herd for at least 90 days prior to the qualifying official pseudorabies serologic test or have en tered directly from another qualified pseudorabies negative herd. (b)(1) If on a qualifying official pseudorabies serologic test or any sub sequent official pseudorabies test, any swine so tested are positive, qualified pseudorabies negative herd status is at tained or regained by: Removing all positive swine and cleaning and dis infecting the herd premises in accord ance with § 85.13; subjecting all swine in the herd, except swine nursing from their mothers, to an official pseudorabies serologic test 30 days or more after removal of the positive swine and finding all swine so tested negative; and, after an interval of 30 to 60 days after the first such negative of ficial pseudorabies serologic herd test, subjecting all swine in the herd over 6 months of age to another official pseudorabies serologic test and finding all swine so tested negative; or (2) If on any qualifying official pseudorabies serologic test or any sub sequent official pseudorabies serologic test, any swine so tested are positive, but no swine are positive at titers greater than 1:8, qualified pseudorabies negative herd status is attained or re gained by: Subjecting all titered swine and all other swine required to be test ed by an epidemiologist, approved by the State animal health official and the Veterinarian in Charge, to an offi cial pseudorabies serologic test and finding all such swine negative. 1 (c) Qualified pseudorabies negative herd status is maintained by subjecting all swine over 6 months of age in the herd to an official pseudorabies sero logic test at least once each year (this must be accomplished by testing 25 percent of swine over 6 months of age every 80–105 days and finding all swine so tested negative, or by testing 10 per cent of the swine over 6 months of age each month and finding all swine so tested negative; no swine shall be test ed twice in 1 year to comply with the 25 percent requirement or twice in 10 months to comply with the 10 percent requirement). All swine intended to be added to a qualified pseudorabies nega tive herd shall be isolated until the swine have been found negative to two official pseudorabies serologic tests, one conducted 30 days or more after the swine have been placed in isolation, the second test being conducted 30 days or more after the first test; except (1) swine intended to be added to a quali fied pseudorabies negative herd di rectly from another qualified pseudorabies negative herd may be added without isolation or testing; (2) swine intended to be added to a quali fied pseudorabies negative herd from another qualified pseudorabies nega tive herd, but with interim contact with swine other than those from a sin gle qualified pseudorabies negative herd, shall be isolated until the swine have been found negative to an official pseudorabies serologic test, conducted 30 days or more after the swine have been placed in isolation; (3) swine re turned to the herd after contact with swine other than those from a single qualified pseudorabies negative herd shall be isolated until the swine have been found negative to an official pseudorabies serologic test conducted VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 371 Animal and Plant Health Inspection Service, USDA § 85.1 9 Notices containing lists of slaughter mar kets approved for the purposes of the regula tions in this part are published in the FED ERAL REGISTER. Information concerning slaughter markets can be obtained from the Veterinarian in Charge, Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, for the State in question. 10 Before the Administrator withdraws ap proval of any slaughter market, the owner of such slaughter market shall be given notice by the Administrator of the proposed with drawal of approval and the reasons therefore and such owner shall have an opportunity to present his views thereon. In those instances where there are conflicts as to the facts, a hearing shall be held to resolve such con flicts. 30 days or more after the swine have been placed in isolation. Quarantined feedlot. A premises where pseudorabies infected or exposed swine are fed under the supervision and con trol of the State animal health official, and from which such swine are moved directly to a recognized slaughtering establishment or directly through one or more slaughter markets and then di rectly to a recognized slaughtering es tablishment in accordance with the provisions of this part. Quarantined herd. A herd in which pseudorabies infected or exposed swine are bred, reared, and fed under the su pervision and control of the State ani mal health official, and from which such swine are moved interstate di rectly to a recognized slaughtering es tablishment or directly through one or more slaughter markets and then di rectly to a recognized slaughtering es tablishment, or from which exposed of ficially vaccinated swine which were negative to an official pseudorabies se rologic test may be moved only to a quarantined herd or quarantined feed lot. Recognized slaughtering establishment. A slaughtering establishment operated under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or a State inspected slaughtering establishment. Slaughter market. A livestock market approved in accordance with § 71.20 of this chapter, at which swine for sale and shipment for slaughter are handled only on days when no swine are han dled for sale and shipment for feeding or breeding purposes unless facilities are provided to keep slaughter swine physically separated from feeder and breeder swine, and feeder and breeder swine use no facilities previously used by slaughter swine on the day these classes of swine are at the market. The facilities used by slaughter swine shall be cleaned and disinfected in accord ance with the requirements of this part before being used for feeding or breed ing swine. 9, 10 State. Any State or Territory of the United States, the District of Colum bia, Puerto Rico, Guam or the North ern Mariana Islands. State animal health official. The State animal health official who is respon sible for the livestock and poultry dis ease control and eradication programs in the official’s State or his designated representative. State representative. A person regu larly employed in animal health work of a State and who is authorized by such State to perform the function in volved under a Cooperative Agreement with the United States Department of Agriculture. Swine not known to be infected with or exposed to pseudorabies. Any swine from a herd of swine in which no animal has been classified as a reactor to an offi cial pseudorabies test, or has been di agnosed as having pseudorabies or sus pected of having pseudorabies by a vet erinarian; or any swine from a herd of swine which has been released from quarantine or has met the require ments of release from quarantine in ac cordance with the definition of known infected herd in § 85.1. Veterinarian in charge. The veterinary official of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agri culture, who is assigned by the Admin istrator to supervise and perform offi cial animal health work of the Animal and Plant Health Inspection Service in the State concerned. Veterinary Services. Veterinary Serv ices, Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 372 9 CFR Ch. I (1–1–18 Edition) § 85.2 Veterinary Services representative. A person employed by Veterinary Serv ices, Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture, who is authorized to perform the function involved. (Approved by the Office of Management and Budget under control number 0579–0069) [44 FR 10309, Feb. 16, 1979] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 85.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 85.2 Notice relating to the existence of the contagion of pseudorabies. Notice is hereby given that there is reason to believe that the contagion of pseudorabies may exist in each State and that to prevent the spread and dis semination of the contagion thereof, and to protect the livestock of the United States, the regulations in this part are promulgated. § 85.3 General restriction. Livestock shall not be moved inter state except in compliance with the regulations in this part. § 85.4 Interstate movement of live stock. (a) Livestock showing clinical evi dence of pseudorabies shall not be moved interstate. (b) Livestock that have been exposed to an animal showing clinical evidence of pseudorabies shall not be moved interstate within 10 days of such expo sure. (c) Except as provided in paragraphs (a) and (b) of this section, livestock other than swine may be moved inter state without restriction under this part. (d) Except as provided in paragraphs (a) and (b) of this section, swine, swine semen, and swine embryos shall be moved interstate only in compliance with the regulations in this part. [44 FR 10309, Feb. 16, 1979, as amended at 50 FR 47352, Nov. 15, 1985] § 85.5 Interstate movement of infected swine or exposed swine. Infected swine or exposed swine, other than swine described in § 85.4 (a) or (b), shall only be moved interstate in accordance with the following provi sions: (a) Movement of infected or exposed swine for slaughter. Infected or exposed swine shall be moved interstate for slaughter only if: (1) The swine are moved directly to a recognized slaughtering establishment or directly through one or more slaughter markets and then directly to a recognized slaughtering establish ment; (2) The swine are accompanied by a permit or owner-shipper statement and such permit or owner-shipper state ment is delivered to the consignee; (3) The permit, in addition to the in formation in § 85.1, or the owner-ship per statement, in addition to the infor mation in § 85.1, lists the identification of the swine as required by § 71.19 of this chapter; except if the swine are moved interstate and the indentity of the farm of origin of each swine is maintained, the permit or the owner shipper statement need not list the identification required by § 71.19 of this chapter, if such swine are identified to the farm of orgin at the recognized slaughtering establishment or the first slaughter market; and (4) The swine are moved to destina tion in one continuous movement with out unloading enroute. (b) Movement of exposed swine to a quarantined herd or a quarantined feed lot. Exposed swine shall be moved interstate directly to a quarantined herd or quarantined feedlot only if: (1) The swine are negative to an offi cial pseudorabies serologic test 21 days or more after last being exposed to any livestock showing clinical evidence of pseudorabies; (2) The swine are officially vac cinated for pseudorabies within 15 days after the negative test; (3) The swine are moved interstate within 30 days after the negative test; (4) The swine are accompanied by a permit and such permit is delivered to the consignee; and (5) The permit, in addition to the in formation described in § 85.1, states: (i) The present pseudorabies quarantine status of the farm of origin; (ii) the identification of the swine as required by § 71.19 of this chapter; (iii) the date VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 373 Animal and Plant Health Inspection Service, USDA § 85.6 of the official pseudorabies serologic test and the name of the laboratory where the test was conducted; (iv) the date of the official vaccination for pseudorabies; and (v) that approval for the interstate movement has been issued by the State animal health offi cial of the State of destination prior to the interstate movement of the swine. (Approved by the Office of Management and Budget under control number 0579–0051) [44 FR 10309, Feb. 16, 1979, as amended at 48 FR 57472, Dec. 30, 1983; 50 FR 47352, Nov. 15, 1985; 53 FR 40387, Oct. 14, 1988; 59 FR 67133, Dec. 29, 1994] § 85.6 Interstate movement of pseudorabies vaccinate swine, ex cept swine from qualified negative gene-altered vaccinated herds, not known to be infected with or ex posed to pseudorabies. Pseudorabies vaccinate swine, except swine from qualified negative gene-al tered vaccinated herds, not known to be infected with or exposed to pseudorabies shall only be moved inter state in accordance with the following provisions: (a) Movement of pseudorabies vaccinate swine, except swine from qualified nega tive gene-altered vaccinated herds, for slaughter. Pseudorabies vaccinate swine, except swine from qualified neg ative gene-altered vaccinated herds, not known to be infected with or ex posed to pseudorabies shall be moved interstate for slaughter only if: (1) The swine are moved directly to a recognized slaughtering establishment or directly through one or more slaughter markets and then directly to a recognized slaughtering establish ment; (2) The swine are accompanied by a permit or owner-shipper statement and such permit or owner-shipper state ment is delivered to the consignee; and (3) The swine are moved to destina tion in one continuous movement with out unloading enroute. (b) Movement of pseudorabies vaccinate swine, except swine from qualified nega tive gene-altered vaccinated herds, to a quarantined herd or quarantined feedlot. Pseudorabies vaccinate swine, except swine from qualified negative gene-al tered vaccinated herds, not known to be infected with or exposed to pseudorabies shall be moved interstate directly to a quarantined herd or quar antined feedlot only if: (1) The swine are accompanied by a permit and such permit is delivered to the consignee; and (2) The permit in addition to infor mation described in § 85.1 states: (i) The pseudorabies status of the herd; (ii) the identification of the swine required by § 71.19 of this chapter; (iii) the date of the vaccination for pseudorabies; and (iv) that approval for the interstate movement has been issued by the State animal health official of the State of destination prior to the interstate movement of the swine. (c) General movements. Swine vac cinated for pseudorabies with a glycoprotein I (gpI) deleted gene-al tered pseudorabies vaccine and not known to be infected with or exposed to pseudorabies, but that are not from a qualified negative gene-altered vac cinated herd, may be moved interstate to destinations other than those set forth in paragraphs (a) and (b) of this section only if: (1) The swine are accompanied by a certificate and such certificate is deliv ered to the consignee; and (2) The certificate, in addition to the information described in § 85.1, states: (i) The identification required by § 71.19 of this chapter; (ii) That each animal to be moved was vaccinated for pseudorabies with a gpI-deleted gene-altered pseudorabies vaccine; (iii) That each animal to be moved was subjected to a gpI enzyme-linked immunosorbent assay (ELISA) or a gpI Particle Concentration Fluorescence Immunoassay (PCFIA) approved dif ferential pseudorabies test no more than 30 days prior to the interstate movement and was found negative; (iv) The date of the gpI ELISA or the gpI PCFIA approved differential pseudorabies test; and (v) The name of the laboratory that conducted the gpI ELISA or the gpI VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00383 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 374 9 CFR Ch. I (1–1–18 Edition) § 85.7 PCFIA approved differential pseudorabies test. (Approved by the Office of Management and Budget under control number 0579–0051) [44 FR 10309, Feb. 16, 1979, as amended at 48 FR 57472, Dec. 30, 1983; 50 FR 47352, Nov. 15, 1985; 53 FR 40387, Oct. 14, 1988; 55 FR 19253, May 9, 1990; 59 FR 67133, Dec. 29, 1994; 60 FR 26355, May 17, 1995; 63 FR 17316, Apr. 9, 1998] § 85.7 Interstate movement of swine not vaccinated for pseudorabies and not known to be infected with or exposed to pseudorabies. Swine not vaccinated for/ pseudorabies and not known to be in fected with or exposed to pseudorabies shall only be moved interstate in ac cordance with the following provisions: (a) Movement for slaughter. Swine not vaccinated for pseudorabies and not known to be infected with or exposed to pseudorabies may be moved inter state for slaughter without further re striction under this part directly to a recognized slaughtering establishment or directly through one or more slaughter markets and then directly to a recognized slaughtering establish ment. (b) Movement to a feedlot, quarantined feedlot, quarantined herd, or approved livestock market. Swine not vaccinated for pseudorabies and not known to be infected with or exposed to pseudorabies may be moved interstate only if: (1) The swine are moved from a quali fied pseudorabies negative herd di rectly to a feedlot, quarantined feedlot, quarantined herd, or approved live stock market; or (2) The swine are moved directly to a feedlot, quarantined feedlot, quar antined herd, or to an approved live stock market for subsequent move ment to a feedlot or quarantined feed lot, quarantined herd in accordance with paragraph (c) of this section; or (3) The swine are moved from a State which requires the State animal health official of that State to be immediately notified of any suspected or confirmed case of pseudorabies in that State and which requires that exposed or infected livestock be quarantined, such quar antine to be released only after having met quarantine release standards no less restrictive than those in the defi nition of known infected herd in § 85.1, and (i) Unless the swine are moving inter state in a swine production system in compliance with § 71.19(g) of this chap ter, the swine are accompanied by an owner-shipper statement and are moved from a farm of origin directly to an approved livestock market; and (A) The owner-shipper statement is delivered to the consignee, and (B) The swine are identified at the approved livestock market to the farm of origin by the identification required by § 71.19 of this chapter. (ii) Unless the swine are moving interstate in a swine production sys tem in compliance with § 71.19(g) of this chapter, the swine are accompanied by a certificate and such certificate is de livered to the consignee; the certifi cate, in addition to the information in § 85.1, states the identification of the farm of origin of each swine being moved by a means of identification re quired by § 71.19 of this chapter, and ap proval for the interstate movement has been issued by the State animal health official of the State of destination prior to the interstate movement of the swine, and (A) The swine are moved directly to a feedlot, quarantined feedlot, quar antined herd or approved livestock market from a farm of origin; or (B) The swine are moved directly to a feedlot, quarantined feedlot, quar antined herd or approved livestock market from an approved livestock market which received the swine di rectly from a farm of origin, or (C) The swine are moved directly to a feedlot, quarantined feedlot, or quar antined herd from an approved live stock market, which received the swine from another approved livestock mar ket, which received the swine directly from a farm of origin. (c) General movements. Swine not vac cinated for pseudorabies and not known to be infected with or exposed to pseudorabies may be moved inter state only if: (1) Unless the swine are moving interstate in a swine production sys tem in compliance with § 71.19(g) of this chapter, the swine are accompanied by a certificate and such certificate is de livered to the consignee; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00384 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 375 Animal and Plant Health Inspection Service, USDA § 85.10 (2) The certificate, in addition to the information described in § 85.1, states: (i) The identification required by § 71.19 of this chapter; and (ii) that each ani mal to be moved: (A) Was subjected to an official pseudorabies serologic test within 30 days prior to the interstate movement and was found negative, the test date and the name of the labora tory conducting the test; or (B) is part of a currently recognized qualified pseudorabies negative herd and the date of the last qualifying test; or, (C) is part of a pseudorabies controlled vaccinated herd and is one of the off spring that was subjected to the offi cial pseudorabies serologic test to achieve or maintain the status of the herd as a pseudorabies controlled vac cinated herd, and the date of the last test to maintain said status. (Approved by the Office of Management and Budget under control number 0579–0069) [44 FR 10309, Feb. 16, 1979, as amended at 48 FR 57472, Dec. 30, 1983; 50 FR 47352, Nov. 15, 1985; 53 FR 40387, Oct. 14, 1988; 66 FR 65604, Dec. 20, 2001; 69 FR 64651, Nov. 8, 2004] § 85.8 Interstate movement of swine from a qualified negative gene-al tered vaccinated herd. Swine from a qualified negative gene altered vaccinated herd, and not known to be infected with or exposed to pseudorabies, may be moved inter estate only in accordance with the fol lowing provisions: (a) Without further restriction under this part if: (1) The swine are moved directly to a recognized slaughtering establishment, or directly through one or more slaughter markets and then directly to a recognized slaughtering establish ment; or (2) The swine are moved directly to a feedlot, quarantined feedlot, or ap proved livestock market; or (3) The swine are moved from an ap proved livestock market to a feedlot, quarantined feedlot, or other approved livestock market; or (4) The swine are moved interstate in a swine production system in compli ance with § 71.19(g) of this chapter. (b) For all interstate movements other than those set forth in paragraph (a) of this section, the swine must be accompanied by a certificate, and the certificate must be delivered to the consignee. In addition to the informa tion required by § 85.1 of this part, the certificate must state: (1) That the swine are from a qualified negative gene-altered vaccinated herd; (2) The date of the herd’s last qualifying test; (3) The identification for the swine to be moved interstate, in accordance with § 71.19 of this chapter; and (4) If the swine to be moved are official gene altered pseudorabies vaccinates, the of ficial gene-altered pseudorabies vac cine used in the herd. [55 FR 19253, May 9, 1990, as amended at 66 FR 65604, Dec. 20, 2001; 69 FR 64651, Nov. 8, 2004] § 85.9 Other interstate movements. The Administrator may, upon re quest in specific cases, permit the interstate movement of livestock not otherwise provided for in this part under such conditions as he may pre scribe to prevent the spread of pseudorabies. The Animal and Plant Health Inspection Service intends that such authority be used only in situa tions and under circumstances pre senting problems that could not have been reasonably anticipated in advance and in unique situations. The Animal and Plant Health Inspection Service does not intend that such authority be used repeatedly to cover the same problem, but that the regulation be amended to conform with needed changes as they come to light. [44 FR 10309, Feb. 16, 1979, as amended at 54 FR 21049, May 16, 1989. Redesignated at 55 FR 19253, May 9, 1990] § 85.10 Interstate movement of swine semen and swine embryos for in semination of or implantation into swine. Swine semen and swine embryos moved interstate for insemination of swine or implantation into swine shall be accompanied by a document issued by an accredited veterinarian stating that the donor swine are not known to be infected with or exposed to pseudorabies, were negative to an offi cial pseudorabies serologic test within 30 days prior to the collection of the semen or embryos or were members of a qualified pseudorabies negative herd, and had not been exposed to VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00385 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 376 9 CFR Ch. I (1–1–18 Edition) § 85.11 pseudorabies within 30 days prior to the collection of the semen or embryos. (Approved by the Office of Management and Budget under control number 0579–0032) [44 FR 10309, Feb. 16, 1979, as amended at 50 FR 47353, Nov. 15, 1985. Redesignated at 55 FR 19253, May 9, 1990; 59 FR 67133, Dec. 29, 1994] § 85.11 Permits and certificates. (a) Each permit, certificate or owner shipper statement required under this part to accompany swine interstate shall be delivered with the swine to the consignee by the person delivering the swine. (b) A copy of each permit or certifi cate required under this part to accom pany swine interstate shall be mailed or delivered to the State animal health official of the State of destination by the person issuing the document within 3 days of the interstate movement of the swine covered by said document. (Approved by the Office of Management and Budget under control number 0579–0069) [44 FR 10309, Feb. 16, 1979, as amended at 48 FR 57472, Dec. 30, 1983. Redesignated at 55 FR 19253, May 9, 1990] § 85.12 Cleaning and disinfecting means of conveyance. All means of conveyance used in con nection with the interstate movement of pseudorabies infected or exposed livestock shall be cleaned and dis infected in accordance with § 71.7 of this chapter using one of the disinfect ants registered under the Federal In secticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135 et seq.) with herpes virucidal claims. These disinfectants shall be used in accord ance with directions on their labels ac cepted in connection with their reg istration. [44 FR 10309, Feb. 16, 1979, as amended at 62 FR 27937, May 22, 1997] § 85.13 Cleaning and disinfecting live stock markets and other facilities. Livestock markets and other facili ties used in connection with the inter state movement of pseudorabies in fected or exposed livestock shall be cleaned and disinfected in compliance with § 71.7 of this chapter using one of the disinfectants registered under the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135 et seq.) with herpes virucidal claims. These disinfectants shall be used in ac cordance with directions on their la bels accepted in connection with their registration. [44 FR 10309, Feb. 16, 1979, as amended at 62 FR 27937, May 22, 1997] PART 86—ANIMAL DISEASE TRACEABILITY Sec. 86.1 Definitions. 86.2 General requirements for traceability. 86.3 Recordkeeping requirements. 86.4 Official identification. 86.5 Documentation requirements for inter state movement of covered livestock. 86.6–86.7 [Reserved] 86.8 Preemption. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 78 FR 2071, Jan. 9, 2013, unless oth erwise noted. § 86.1 Definitions. Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States that provides a nation ally unique identification number for each animal. The AIN consists of 15 digits, with the first 3 being the coun try code (840 for the United States or a unique country code for any U.S. terri tory that has such a code and elects to use it in place of the 840 code). The alpha characters USA or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing may be used as an alternative to the 840 or other prefix representing a U.S. territory; however, only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015. The AIN beginning with the 840 prefix may not be applied to animals known to have been born out side the United States. Approved livestock facility. A stock yard, livestock market, buying station, concentration point, or any other VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00386 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 377 Animal and Plant Health Inspection Service, USDA § 86.1 premises under State or Federal veteri nary inspection where livestock are as sembled and that has been approved under § 71.20 of this chapter. Approved tagging site. A premises, au thorized by APHIS, State, or Tribal animal health officials, where live stock may be officially identified on behalf of their owner or the person in possession, care, or control of the ani mals when they are brought to the premises. Commuter herd. A herd of cattle or bison moved interstate during the course of normal livestock manage ment operations and without change of ownership directly between two prem ises, as provided in a commuter herd agreement. Commuter herd agreement. A written agreement between the owner(s) of a herd of cattle or bison and the animal health officials for the States or Tribes of origin and destination specifying the conditions required for the interstate movement from one premises to an other in the course of normal livestock management operations and specifying the time period, up to 1 year, that the agreement is effective. A commuter herd agreement may be renewed annu ally. Covered livestock. Cattle and bison, horses and other equine species, poul try, sheep and goats, swine, and cap tive cervids. Dairy cattle. All cattle, regardless of age or sex or current use, that are of a breed(s) used to produce milk or other dairy products for human consumption, including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guern sey, Milking Shorthorn, and Red and Whites. Directly. Moved in a means of convey ance, without stopping to unload while en route, except for stops of less than 24 hours to feed, water, or rest the ani mals being moved, and with no com mingling of animals at such stops. Flock-based number system. The flock based number system combines a flock identification number (FIN) with a pro ducer’s unique livestock production numbering system to provide a nation ally unique identification number for an animal. Flock identification number (FIN). A nationally unique number assigned by a State, Tribal, or Federal animal health authority to a group of animals that are managed as a unit on one or more premises and are under the same ownership. Group/lot identification number (GIN). The identification number used to uniquely identify a ‘‘unit of animals’’ of the same species that is managed to gether as one group throughout the preharvest production chain. When a GIN is used, it is recorded on docu ments accompanying the animals mov ing interstate; it is not necessary to have the GIN attached to each animal. Interstate certificate of veterinary in spection (ICVI). An official document issued by a Federal, State, Tribal, or accredited veterinarian certifying the inspection of animals in preparation for interstate movement. (a) The ICVI must show the species of animals covered by the ICVI; the num ber of animals covered by the ICVI; the purpose for which the animals are to be moved; the address at which the ani mals were loaded for interstate move ment; the address to which the animals are destined; and the names of the con signor and the consignee and their ad dresses if different from the address at which the animals were loaded or the address to which the animals are des tined. Additionally, unless the species specific requirements for ICVIs provide an exception, the ICVI must list the of ficial identification number of each animal, except as provided in para graph (b) of this definition, or group of animals moved that is required to be officially identified, or, if an alter native form of identification has been agreed upon by the sending and receiv ing States, the ICVI must include a record of that identification. If animals moving under a GIN also have indi vidual official identification, only the GIN must be listed on the ICVI. An ICVI may not be issued for any animal that is not officially identified if offi cial identification is required. If the animals are not required by the regula tions to be officially identified, the ICVI must state the exemption that ap plies (e.g., the cattle and bison do not belong to one of the classes of cattle and bison to which the official identi fication requirements of this part apply). If the animals are required to VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00387 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 378 9 CFR Ch. I (1–1–18 Edition) § 86.1 be officially identified but the identi fication number does not have to be re corded on the ICVI, the ICVI must state that all animals to be moved under the ICVI are officially identified. (b) As an alternative to typing or writing individual animal identifica tion on an ICVI, if agreed to by the re ceiving State or Tribe, another docu ment may be used to provide this infor mation, but only under the following conditions: (1) The document must be a State form or APHIS form that requires indi vidual identification of animals or a printout of official identification num bers generated by computer or other means; (2) A legible copy of the document must be stapled to the original and each copy of the ICVI; (3) Each copy of the document must identify each animal to be moved with the ICVI, but any information per taining to other animals, and any un used space on the document for record ing animal identification, must be crossed out in ink; and (4) The following information must be written in ink in the identification column on the original and each copy of the ICVI and must be circled or boxed, also in ink, so that no addi tional information can be added: (i) The name of the document; and (ii) Either the unique serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who pre pared the document and the date the document was signed. Interstate movement. From one State into or through any other State. Livestock. All farm-raised animals. Location-based numbering system. The location-based number system com bines a State or Tribal issued location identification (LID) number or a prem ises identification number (PIN) with a producer’s unique livestock production numbering system to provide a nation ally unique and herd-unique identifica tion number for an animal. Location identification (LID) number. A nationally unique number issued by a State, Tribal, and/or Federal animal health authority to a location as deter mined by the State or Tribe in which it is issued. The LID number may be used in conjunction with a producer’s own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may also be used as a component of a group/lot identification number (GIN). Move. To carry, enter, import, mail, ship, or transport; to aid, abet, cause, or induce carrying, entering, import ing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive in order to carry, enter, import, mail, ship, or transport; or to allow any of these ac tivities. National Uniform Eartagging System (NUES). A numbering system for the of ficial identification of individual ani mals in the United States that provides a nationally unique identification number for each animal. Official eartag. An identification tag approved by APHIS that bears an offi cial identification number for indi vidual animals. Beginning March 11, 2014, all official eartags manufactured must bear an official eartag shield. Be ginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other character istics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resist ant and have a high retention rate in the animal. Official eartag shield. The shield shaped graphic of the U.S. Route Shield with ‘‘U.S.’’ or the State postal abbreviation or Tribal alpha code im printed within the shield. Official identification device or method. A means approved by the Adminis trator of applying an official identi fication number to an animal of a spe cific species or associating an official identification number with an animal or group of animals of a specific species or otherwise officially identifying an animal or group of animals. Official identification number. A na tionally unique number that is perma nently associated with an animal or group of animals and that adheres to one of the following systems: (1) National Uniform Eartagging Sys tem (NUES). VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00388 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 379 Animal and Plant Health Inspection Service, USDA § 86.3 (2) Animal identification number (AIN). (3) Location-based number system. (4) Flock-based number system. (5) Any other numbering system ap proved by the Administrator for the of ficial identification of animals. Officially identified. Identified by means of an official identification de vice or method approved by the Admin istrator. Owner-shipper statement. A statement signed by the owner or shipper of the livestock being moved stating the loca tion from which the animals are moved interstate; the destination of the ani mals; the number of animals covered by the statement; the species of animal covered; the name and address of the owner at the time of the movement; the name and address of the shipper; and the identification of each animal, as required by the regulations, unless the regulations specifically provide that the identification does not have to be recorded. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company, or other legal entity. Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health authority a geographically distinct location from other premises. The PIN may be used in conjunction with a producer’s own livestock production numbering sys tem to provide a nationally unique and herd-unique identification number for an animal. It may be used as a compo nent of a group/lot identification num ber (GIN). Recognized slaughtering establishment. Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Prod ucts Inspection Act (21 U.S.C. 451 et seq.), or State meat or poultry inspection acts that is ap proved in accordance with 9 CFR 71.21. United States Department of Agri culture (USDA) approved backtag. A backtag issued by APHIS that provides a temporary unique identification for each animal. § 86.2 General requirements for traceability. (a) The regulations in this part apply only to covered livestock, as defined in § 86.1. (b) No person may move covered live stock interstate or receive such live stock moved interstate unless the live stock meet all applicable requirements of this part. (c) The regulations in this part will apply to the movement of covered live stock onto and from Tribal lands only when the movement is an interstate movement; i.e., when the movement is across a State line. (d) In addition to meeting all applica ble requirements of this part, all cov ered livestock moved interstate must be moved in compliance with all appli cable provisions of APHIS program dis ease regulations (subchapter C of this chapter). (e) The interstate movement require ments in this part do not apply to the movement of covered livestock if: (1) The movement occurs entirely within Tribal land that straddles a State line and the Tribe has a separate traceability system from the States in which its lands are located; or (2) The movement is to a custom slaughter facility in accordance with Federal and State regulations for prep aration of meat. § 86.3 Recordkeeping requirements. (a) Official identification device dis tribution records. Any State, Tribe, ac credited veterinarian, or other person or entity who distributes official iden tification devices must maintain for 5 years a record of the names and ad dresses of anyone to whom the devices were distributed. (b) Interstate movement records. Ap proved livestock facilities must keep any ICVIs or alternate documentation that is required by this part for the interstate movement of covered live stock that enter the facility on or after March 11, 2013. For poultry and swine, such documents must be kept for at least 2 years, and for cattle and bison, sheep and goats, cervids, and equines, 5 years. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00389 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 380 9 CFR Ch. I (1–1–18 Edition) § 86.4 § 86.4 Official identification. (a) Official identification devices and methods. The Administrator has ap proved the following official identifica tion devices or methods for the species listed. The Administrator may author ize the use of additional devices or methods for a specific species if he or she determines that such additional de vices or methods will provide for ade quate traceability. (1) Cattle and bison. Cattle and bison that are required to be officially iden tified for interstate movement under this part must be identified by means of: (i) An official eartag; or (ii) Brands registered with a recog nized brand inspection authority and accompanied by an official brand in spection certificate, when agreed to by the shipping and receiving State or Tribal animal health authorities; or (iii) Tattoos and other identification methods acceptable to a breed associa tion for registration purposes, accom panied by a breed registration certifi cate, when agreed to by the shipping and receiving State or/Tribal animal health authorities; or (iv) Group/lot identification when a group/lot identification number (GIN) may be used. (2) Horses and other equine species. Horses and other equine species that are required to be officially identified for interstate movement under this part must be identified by one of the following methods: (i) A description sufficient to identify the individual equine including, but not limited to, name, age, breed, color, gender, distinctive markings, and unique and permanent forms of identi fication when present (e.g., brands, tat toos, scars, cowlicks, blemishes or bio metric measurements). When the iden tity of the equine is in question at the receiving destination, the State or Tribal animal health official in the State or Tribe of destination or APHIS representative may determine if the description provided is sufficient; or (ii) Electronic identification that complies with ISO 11784/11785; or (iii) Non-ISO electronic identifica tion injected to the equine on or before March 11, 2014; or (iv) Digital photographs sufficient to identify the individual equine; or (v) For equines being commercially transported to slaughter, a device or method authorized by 88 of this chap ter. (3) Poultry. Poultry that are required to be officially identified for interstate movement under this part must be identified by one of the following methods: (i) Sealed and numbered leg bands in the manner referenced in the National Poultry Improvement Plan regulations (parts 145 through 147 of this chapter); or (ii) Group/lot identification when a group/lot identification number (GIN) may be used. (4) Sheep and goats. Sheep and goats that are required to be officially iden tified for interstate movement under this part must be identified by a device or method authorized by part 79 of this chapter. (5) Swine. Swine that are required to be officially identified for interstate movement under this part must be identified by a device or method au thorized by § 71.19 of this chapter. (6) Captive cervids. Captive cervids that are required to be officially iden tified for interstate movement under this part must be identified by a device or method authorized by part 77 of this chapter. (b) Official identification requirements for interstate movement—(1) Cattle and bison. (i) All cattle and bison listed in paragraphs (b)(1)(iii)(A) through (b)(1)(iii)(D) of this section must be of ficially identified prior to the inter state movement, using an official iden tification device or method listed in paragraph (a)(1) of this section unless: (A) The cattle and bison are moved as a commuter herd with a copy of the commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes. If any of the cattle or bison are shipped to a State or Tribe not included in the com muter herd agreement or other docu mentation, then these cattle or bison must be officially identified and docu mented to the original State of origin. (B) The cattle and bison are moved directly from a location in one State VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 381 Animal and Plant Health Inspection Service, USDA § 86.4 through another State to a second lo cation in the original State. (C) The cattle and bison are moved interstate directly to an approved tag ging site and are officially identified before commingling with cattle and bison from other premises or identified by the use of backtags or other meth ods that will ensure that the identity of the animal is accurately maintained until tagging so that the official eartag can be correlated to the person respon sible for shipping the animal to the ap proved tagging site. (D) The cattle and bison are moved between shipping and receiving States or Tribes with another form of identi fication, as agreed upon by animal health officials in the shipping and re ceiving States or Tribes. (ii) Cattle and bison may also be moved interstate without official iden tification if they are moved directly to a recognized slaughtering establish ment or directly to no more than one approved livestock facility and then di rectly to a recognized slaughtering es tablishment, where they are harvested within 3 days of arrival; and (A) They are moved interstate with a USDA-approved backtag; or (B) A USDA-approved backtag is ap plied to the cattle or bison at the rec ognized slaughtering establishment or federally approved livestock facility. (C) If a determination to hold the cattle or bison for more than 3 days is made after the animals arrive at the slaughter establishment, the animals must be officially identified in accord ance with § 86.4(d)(4)(ii). (iii) Beginning on March 11, 2013, all cattle and bison listed below are sub ject to the official identification re quirements of this section: (A) All sexually intact cattle and bison 18 months of age or over; (B) All female dairy cattle of any age and all dairy males born after March 11, 2013; (C) Cattle and bison of any age used for rodeo or recreational events; and (D) Cattle and bison of any age used for shows or exhibitions. (2) Sheep and goats. Sheep and goats moved interstate must be officially identified prior to the interstate move ment unless they are exempt from offi cial identification requirements under 9 CFR part 79 or are officially identi fied after the interstate movement, as provided in 9 CFR part 79. (3) Swine. Swine moving interstate must be officially identified in accord ance with § 71.19 of this chapter. (4) Horses and other equines. Horses and other equines moving interstate moved interstate must be officially identified prior to the interstate move ment, using an official identification device or method listed in paragraph (a)(2) of this section unless: (i) They are used as the mode of transportation (horseback, horse and buggy) for travel to another location and then return direct to the original location. (ii) They are moved from the farm or stable for veterinary medical examina tion or treatment and returned to the same location without change in own ership. (iii) They are moved directly from a location in one State through another State to a second location in the origi nal State. (iv) They are moved between shipping and receiving States or Tribes with an other form of identification as agreed upon by animal health officials in the shipping and receiving States or Tribes. (5) Poultry. Poultry moving inter state must be officially identified prior to interstate movement unless: (i) The shipment of poultry is from a hatchery to a redistributor or poultry grower and the person responsible for receiving the shipment maintains a record of the supplier; or (ii) The shipment is from a redis tributor to a poultry grower and the person responsible for receiving the chicks maintains a record of the sup plier of the chicks; or (iii) The poultry are identified as agreed upon by the States or Tribes in volved in the movement. (6) Captive cervids. Captive cervids moving interstate must be officially identified prior to interstate move ment in accordance with part 77 of this chapter. (c) Use of more than one official eartag. Beginning on March 13, 2013, no more than one official eartag may be applied to an animal, except that: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 382 9 CFR Ch. I (1–1–18 Edition) § 86.4 (1) Another official eartag may be ap plied providing it bears the same offi cial identification number as an exist ing one. (2) In specific cases when the need to maintain the identity of an animal is intensified (e.g., such as for export shipments, quarantined herds, field trials, experiments, or disease surveys), a State or Tribal animal health official or an area veterinarian in charge may approve the application of an addi tional official eartag to an animal that already has one or more. The person applying the additional official eartag must record the following information about the event and maintain the record for 5 years: The date the addi tional official eartag is added; the rea son for the additional official eartag device; and the official identification numbers of both the new official eartag and the one(s) already attached to the animal. (3) An eartag with an animal identi fication number (AIN) beginning with the 840 prefix (either radio frequency identification or visual-only tag) may be applied to an animal that is already officially identified with one or more National Uniform Eartagging System tags and/or an official vaccination eartag used for brucellosis. The person applying the AIN eartag must record the date the AIN tag is added and the official identification numbers of both official eartags and must maintain those records for 5 years. (4) A brucellosis vaccination eartag with a National Uniform Eartagging System number may be applied in ac cordance with part 78 of this chapter to an animal that is already officially identified with one or more official eartags under this part. The person ap plying the vaccination eartag must record the date the tag is added and the official identification numbers of both the existing official eartag(s) and the vaccination eartag and must main tain those records for 5 years. (d) Removal or loss of official identifica tion devices. (1) Official identification devices are intended to provide perma nent identification of livestock and to ensure the ability to find the source of animal disease outbreaks. Removal of these devices, including devices applied to imported animals in their countries of origin and recognized by the Admin istrator as official, is prohibited except at the time of slaughter, at any other location upon the death of the animal, or as otherwise approved by the State or Tribal animal health official or an area veterinarian in charge when a de vice needs to be replaced. (2) All man-made identification de vices affixed to covered livestock un loaded at slaughter plants after moving interstate must be removed at the slaughter facility by slaughter-facility personnel with the devices correlated with the animal and its carcass through final inspection or condemna tion by means approved by the Food Safety Inspection Service (FSIS). If di agnostic samples are taken, the identi fication devices must be packaged with the samples and be correlated with the carcasses through final inspection or condemnation by means approved by FSIS. Devices collected at slaughter must be made available to APHIS and FSIS by the slaughter plant. (3) All official identification devices affixed to covered livestock carcasses moved interstate for rendering must be removed at the rendering facility and made available to APHIS. (4) If an animal loses an official iden tification device and needs a new one: (i) A replacement tag with a different official identification number may be applied. The person applying a new of ficial identification device with a dif ferent official identification number must record the following information about the event and maintain the record for 5 years: The date the new of ficial identification device was added; the official identification number on the device; and the official identifica tion number on the old device if known. (ii) Replacement of a temporary iden tification device with a new official identification device is considered to be a retagging event, and all applicable information must be maintained in ac cordance with paragraph (d)(4)(i) of this section. (iii) A duplicate replacement eartag with the official number of the lost tag may be applied in accordance with APHIS’ protocol for the administration of such tags. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00392 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 383 Animal and Plant Health Inspection Service, USDA § 86.5 (e) Replacement of official identification devices for reasons other than loss. (1) Circumstances under which a State or Tribal animal health official or an area veterinarian in charge may authorize replacement of an official identifica tion device include, but are not limited to: (i) Deterioration of the device such that loss of the device appears likely or the number can no longer be read; (ii) Infection at the site where the de vice is attached, necessitating applica tion of a device at another location (e.g., a slightly different location of an eartag in the ear); (iii) Malfunction of the electronic component of a radio frequency identi fication (RFID) device; or (iv) Incompatibility or inoperability of the electronic component of an RFID device with the management sys tem or unacceptable functionality of the management system due to use of an RFID device. (2) Any time an official identification device is replaced, as authorized by the State or Tribal animal health official or area veterinarian in charge, the per son replacing the device must record the following information about the event and maintain the record for 5 years: (i) The date on which the device was removed; (ii) Contact information for the loca tion where the device was removed; (iii) The official identification num ber (to the extent possible) on the de vice removed; (iv) The type of device removed (e.g., metal eartag, RFID eartag); (v) The reason for the removal of the device; (vi) The new official identification number on the replacement device; and (vii) The type of replacement device applied. (f) Sale or transfer of official identifica tion devices. Official identification de vices are not to be sold or otherwise transferred from the premises to which they were originally issued to another premises without authorization by the Administrator or a State or Tribal ani mal health official. § 86.5 Documentation requirements for interstate movement of covered livestock. (a) The persons responsible for ani mals leaving a premises for interstate movement must ensure that the ani mals are accompanied by an interstate certificate of veterinary inspection (ICVI) or other document required by this part for the interstate movement of animals. (b)(1) The APHIS representative, State or Tribal representative, or ac credited veterinarian issuing an ICVI or other document required for the interstate movement of animals under this part must forward a copy of the ICVI or other document to the State or Tribal animal health official of the State or Tribe of origin within 7 cal endar days from the date on which the ICVI or other document is issued. The State or Tribal animal health official in the State or Tribe of origin must forward a copy of the ICVI or other document to the State or Tribal ani mal health official the State or Tribe of destination within 7 calendar days from date on which the ICVI or other document is received. (2) The animal health official or ac credited veterinarian issuing or receiv ing an ICVI or other interstate move ment document in accordance with paragraph (b)(1) of this section must keep a copy of the ICVI or alternate documentation. For poultry and swine, such documents must be kept for at least 2 years, and for cattle and bison, sheep and goats, cervids, and equines, 5 years. (c) Cattle and bison. Cattle and bison moved interstate must be accompanied by an ICVI unless: (1) They are moved directly to a rec ognized slaughtering establishment, or directly to an approved livestock facil ity and then directly to a recognized slaughtering establishment, and they are accompanied by an owner-shipper statement. (2) They are moved directly to an ap proved livestock facility with an owner-shipper statement and do not move interstate from the facility un less accompanied by an ICVI. (3) They are moved from the farm of origin for veterinary medical examina tion or treatment and returned to the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00393 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 384 9 CFR Ch. I (1–1–18 Edition) §§ 86.6–86.7 farm of origin without change in own ership. (4) They are moved directly from one State through another State and back to the original State. (5) They are moved as a commuter herd with a copy of the commuter herd agreement or other document as agreed to by the States or Tribes involved in the movement. (6) Additionally, cattle and bison may be moved between shipping and re ceiving States or Tribes with docu mentation other than an ICVI, e.g., a brand inspection certificate, as agreed upon by animal health officials in the shipping and receiving States or Tribes. (7) The official identification number of cattle or bison must be recorded on the ICVI or alternate documentation unless: (i) The cattle or bison are moved from an approved livestock facility di rectly to a recognized slaughtering es tablishment; or (ii) The cattle and bison are sexually intact cattle or bison under 18 months of age or steers or spayed heifers; Ex cept that: This exception does not apply to sexually intact dairy cattle of any age or to cattle or bison used for rodeo, exhibition, or recreational purposes. (d) Sheep and goats. Sheep and goats moved interstate must be accompanied by documentation as required by part 79 of this chapter. (e) Swine. Swine moved interstate must be accompanied by documenta tion in accordance with § 71.19 of this chapter or, if applicable, with part 85. (f) Horses and other equines. Horses and other equines moved interstate must be accompanied by an ICVI un less: (1) They are used as the mode of transportation (horseback, horse and buggy) for travel to another location and then return direct to the original location. (2) They are moved from the farm or stable for veterinary medical examina tion or treatment and returned to the same location without change in own ership. (3) They are moved directly from a location in one State through another State to a second location in the origi nal State. (4) Additionally, equines may be moved between shipping and receiving States or Tribes with documentation other than an ICVI, e.g., an equine in fectious anemia test chart, as agreed to by the shipping and receiving States or Tribes involved in the movement. (5) Equines moving commercially to slaughter must be accompanied by doc umentation in accordance with part 88 of this chapter. Equine infectious ane mia reactors moving interstate must be accompanied by documentation as required by part 75 of this chapter. (g) Poultry. Poultry moved interstate must be accompanied by an ICVI un less: (1) They are from a flock partici pating in the National Poultry Im provement Plan (NPIP) and are accom panied by the documentation required under the NPIP regulations (parts 145 through 147 of this chapter) for partici pation in that program; or (2) They are moved directly to a rec ognized slaughtering or rendering es tablishment; or (3) They are moved from the farm of origin for veterinary medical examina tion, treatment, or diagnostic purposes and either returned to the farm of ori gin without change in ownership or euthanized and disposed of at the vet erinary facility; or (4) They are moved directly from one State through another State and back to the original State; or (5) They are moved between shipping and receiving States or Tribes with a VS Form 9–3 or documentation other than an ICVI, as agreed upon by animal health officials in the shipping and re ceiving States or Tribes. (6) They are moved under permit in accordance with part 82 of this chapter. (h) Captive cervids. Captive cervids moved interstate must be accompanied by documentation as required by part 77 of this chapter. §§ 86.6–86.7 [Reserved] § 86.8 Preemption. State, Tribal, and local laws and reg ulations may not specify an official identification device or method that would have to be used if multiple de vices or methods may be used under this part for a particular species, nor VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00394 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 385 Animal and Plant Health Inspection Service, USDA § 88.2 1 Forms may be obtained from the National Animal Health Programs Staff, Veterinary Services, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737–1231. may the State or Tribe of destination impose requirements that would other wise cause the State or Tribe from which the shipments originate to have to develop a particular kind of traceability system or change its exist ing system in order to meet the re quirements of the State or Tribe of des tination. PART 88—COMMERCIAL TRANS PORTATION OF EQUINES FOR SLAUGHTER Sec. 88.1 Definitions. 88.2 General information. 88.3 Standards for conveyances. 88.4 Requirements for transport. 88.5 Requirements at a slaughtering facil ity. 88.6 Violations and penalties. AUTHORITY: 7 U.S.C. 1901, 7 CFR 2.22, 2.80, 371.4. SOURCE: 66 FR 63615, Dec. 7, 2001, unless otherwise noted. § 88.1 Definitions. The following definitions apply to this part: APHIS. The Animal and Plant Health Inspection Service of the U.S. Depart ment of Agriculture. Assembly point. Any facility, includ ing auction markets, ranches, feedlots, and stockyards, in which equines are gathered in commerce. Commercial transportation. Movement for profit via conveyance on any high way or public road. Conveyance. Trucks, tractors, trail ers, or semitrailers, or any combina tion of these, propelled or drawn by mechanical power. Equine. Any member of the Equidae family, which includes horses, asses, mules, ponies, and zebras. Equine for slaughter. Any member of the Equidae family being transferred to a slaughter facility, including an as sembly point, feedlot, or stockyard. Euthanasia. The humane destruction of an animal by the use of an anes thetic agent or other means that causes painless loss of consciousness and subsequent death. Feedlot. Any facility which consoli dates livestock for preconditioning, feeding, fattening, or holding before being sent to slaughter. Owner/shipper. Any individual, part nership, corporation, or cooperative as sociation that engages in the commer cial transportation of more than 20 equines per year to slaughtering facili ties, except any individual or other en tity who transports equines to slaugh tering facilities incidental to his or her principal activity of production agri culture (production of food or fiber). Owner-shipper certificate. VS Form 10– 13, 1 which requires the information specified by § 88.4(a)(3) of this part. Secretary. The Secretary of Agri culture. Slaughtering facility. A commercial establishment that slaughters equines for any purpose. Stallion. Any uncastrated male equine that is 1 year of age or older. Stockyard. Any place, establishment, or facility commonly known as stock yards, conducted, operated, or managed for profit or nonprofit as a public mar ket for livestock producers, feeders, market agencies, and buyers, con sisting of pens, or other enclosures, and their appurtenances, in which live cat tle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce. USDA. The U.S. Department of Agri culture. USDA backtag. A backtag issued by APHIS that conforms to the eight character alpha-numeric National Backtagging System and that provides unique identification for each animal. USDA representative. Any employee of the USDA who is authorized by the Deputy Administrator for Veterinary Services of APHIS, USDA, to enforce this part. [66 FR 63615, Dec. 7, 2001, as amended at 76 FR 55216, Sept. 7, 2011] § 88.2 General information. (a) State governments may enact and enforce regulations that are consistent with or that are more stringent than the regulations in this part. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00395 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 386 9 CFR Ch. I (1–1–18 Edition) § 88.3 2 USDA backtags are available at recog nized slaughtering establishments and spe cifically approved stockyards and from State representatives and APHIS representatives. A list of recognized slaughtering establish ments and specifically approved stockyards may be obtained as indicated in § 78.1 of this chapter. The terms ‘‘State representative’’ and ‘‘APHIS representative’’ are defined in § 78.1 of this chapter. (b) To determine whether an indi vidual or other entity found to trans port equines for slaughter is subject to the regulations in this part, a USDA representative may request from any individual or other entity who trans ported the equines information regard ing the business of that individual or other entity. When such information is requested, the individual or other enti ty who transported the equines must provide the information within 30 days and in a format as may be specified by the USDA representative. [66 FR 63615, Dec. 7, 2001, as amended at 76 FR 55216, Sept. 7, 2011] § 88.3 Standards for conveyances. (a) The animal cargo space of convey ances used for the commercial trans portation of equines for slaughter must: (1) Be designed, constructed, and maintained in a manner that at all times protects the health and well being of the equines being transported (e.g., provides adequate ventilation, contains no sharp protrusions, etc.); (2) Include means of completely seg regating each stallion and each aggres sive equine on the conveyance so that no stallion or aggressive equine can come into contact with any of the other equines on the conveyance; (3) Have sufficient interior height to allow each equine on the conveyance to stand with its head extended to the fullest normal postural height; and (4) Be equipped with doors and ramps of sufficient size and location to pro vide for safe loading and unloading. (b) Equines for slaughter must not be transported in any conveyance that has the animal cargo space divided into two or more stacked levels, except that conveyances lacking the capability to convert from two or more stacked lev els to one level may be used until De cember 7, 2006. Conveyances with col lapsible floors (also known as ‘‘floating decks’’) must be configured to trans port equines on one level only. [66 FR 63615, Dec. 7, 2001, as amended at 76 FR 55216, Sept. 7, 2011] § 88.4 Requirements for transport. (a) Prior to the commercial transpor tation of equines for slaughter, the owner/shipper must: (1) For a period of not less than 6 consecutive hours immediately prior to the equines being loaded on the con veyance, provide each equine appro priate food (i.e., hay, grass, or other food that would allow an equine in transit to maintain well-being), pota ble water, and the opportunity to rest; (2) Apply a USDA backtag 2 to each equine in the shipment; (3) Complete and sign an owner-ship per certificate for each equine being transported. The owner-shipper certifi cate for each equine must accompany the equine throughout transit to slaughter and must include the fol lowing information, which must be typed or legibly completed in ink: (i) The owner/shipper’s name, ad dress, and telephone number; (ii) The receiver’s (destination) name, address, and telephone number; (iii) The name of the auction/market, if applicable; (iv) A description of the conveyance, including the license plate number; (v) A description of the equine’s physical characteristics, including such information as sex, breed, color ing, distinguishing markings, perma nent brands, tattoos, and electronic de vices that could be used to identify the equine; (vi) The number of the USDA backtag applied to the equine in ac cordance with paragraph (a)(2) of this section; (vii) A statement of fitness to travel at the time of loading, which will indi cate that the equine is able to bear weight on all four limbs, able to walk unassisted, not blind in both eyes, older than 6 months of age, and not likely to give birth during the trip; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 387 Animal and Plant Health Inspection Service, USDA § 88.5 (viii) A description of any preexisting injuries or other unusual condition of the equine, such as a wound or blind ness in one eye, that may cause the equine to have special handling needs; (ix) The date, time, and place the equine was loaded on the conveyance; and (x) A statement that the equine was provided access to food, water, and rest prior to transport in accordance with paragraph (a)(1) of this section; and (4) Load the equines on the convey ance so that: (i) Each equine has enough floor space to ensure that no equine is crowded in a way likely to cause injury or discomfort; and (ii) Each stallion and any aggressive equines are completely segregated so that no stallion or aggressive equine can come into contact with any other equine on the conveyance. (b) During commercial transpor tation of equines for slaughter, the owner/shipper must: (1) Drive in a manner to avoid caus ing injury to the equines; (2) Observe the equines as frequently as circumstances allow, but not less than once every 6 hours, to check the physical condition of the equines and ensure that all requirements of this part are being followed. The owner/ shipper must obtain veterinary assist ance as soon as possible from an equine veterinarian for any equines in obvious physical distress. Equines that become nonambulatory en route must be euthanized by an equine veterinarian. If an equine dies en route, the owner/ shipper must contact the nearest APHIS office as soon as possible and allow an APHIS veterinarian to exam ine the equine. If an APHIS veteri narian is not available, the owner/ship per must contact an equine veteri narian; (3) Offload from the conveyance any equine that has been on the convey ance for 28 consecutive hours and pro vide the equine appropriate food, pota ble water, and the opportunity to rest for at least 6 consecutive hours; and (4) If offloading is required en route to the slaughtering facility, the owner/ shipper must prepare another owner shipper certificate as required by para graph (a)(2) of this section and record the date, time, and location where the offloading occurred. In this situation, both owner-shipper certificates would need to accompany the equines for slaughter. (c) Handling of all equines for slaugh ter shall be done as expeditiously and carefully as possible in a manner that does not cause unnecessary discomfort, stress, physical harm, or trauma. Elec tric prods may not be used on equines for slaughter for any purpose, includ ing loading or offloading on the con veyance, except when human safety is threatened. (d) At any point during the commer cial transportation of equines for slaughter, a USDA representative may examine the equines, inspect the con veyance, or review the owner-shipper certificates required by paragraph (a)(3) of this section. (e) At any time during the commer cial transportation of equines for slaughter, a USDA representative may direct the owner/shipper to take appro priate actions to alleviate the suffering of any equine. If deemed necessary by the USDA representative, such actions could include securing the services of an equine veterinarian to treat an equine, including performing eutha nasia if necessary. (f) The individual or other entity who signs the owner-shipper certificate must maintain a copy of the owner shipper certificate for 1 year following the date of signature. (Approved by the Office of Management and Budget under control numbers 0579–0160 and 0579–0332) [66 FR 63615, Dec. 7, 2001, as amended at 76 FR 55216, Sept. 7, 2011] § 88.5 Requirements at a slaughtering facility. (a) Upon arrival at a slaughtering fa cility, the owner/shipper must: (1) Ensure that each equine has ac cess to appropriate food and potable water after being offloaded; (2) Present the owner-shipper certifi cates to a USDA representative; (3) Allow a USDA representative ac cess to the equines for the purpose of examination; and (4) Allow a USDA representative ac cess to the animal cargo area of the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 388 9 CFR Ch. I (1–1–18 Edition) § 88.6 conveyance for the purpose of inspec tion. (b) If the owner/shipper arrives dur ing normal business hours, the owner/ shipper must not leave the premises of a slaughtering facility until the equines have been examined by a USDA representative. However, if the owner/ shipper arrives outside of normal busi ness hours, the owner/shipper may leave the premises but must return to the premises of the slaughtering facil ity to meet the USDA representative upon his or her arrival. (c) Any owner/shipper transporting equines to slaughtering facilities out side of the United States must present the owner-shipper certificates to USDA representatives at the border. § 88.6 Violations and penalties. (a) The Secretary is authorized to as sess civil penalties of up to $5,000 per violation of any of the regulations in this part. (b) Each equine transported in viola tion of the regulations of this part will be considered a separate violation. (Approved by the Office of Management and Budget under control number 0579–0160) PART 89—STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW Sec. 89.1 Amount of feed. 89.2 Two or more feedings at same station. 89.3 Feeding, watering, and resting live stock in the car. 89.4 Watering. 89.5 Feeding pens. AUTHORITY: 49 U.S.C. 80502; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 28 FR 5967, June 13, 1963, unless otherwise noted. § 89.1 Amount of feed. (a) Under normal conditions, the amount of feed designated in the fol lowing schedule will be considered as sustaining rations for livestock in transit when fed at the intervals re quired by the Twenty-Eight Hour Law: Species and quantity of livestock At first feeding station At second and subse-quent feeding stations Cattle and beef type or range calves (for each car 1) .......................................... 200 lbs. of hay 1 2 ...... 300 lbs. of hay. 1 2 Dairy calves (for each car deck 1) ......................................................................... 100 lbs. of hay 1 2 ...... 150 lbs. of hay. 1 2 Horses and mules (for each car 1) ........................................................................ 400 lbs. of hay 1 2 ...... 400 lbs. of hay. 1 2 Sheep and goats (for each car deck 1) ................................................................. 200 lbs. of hay 1 2 ...... 300 lbs. of hay. 1 2 Lambs and kids (for each car deck 1) ................................................................... 100 lbs. of hay 1 2 ...... 150 lbs. of hay. 1 2 Swine (for each carload lot, in single or double deck car, the amount of shelled corn 2 indicated): Lots of not more than 18,000 lbs ................................................................... 2 bushels ................... 2 bushels. More than 18,000 lbs. but not more than 21,000 lbs .................................... 21⁄2 bushels ............... 21⁄2 bushels. More than 21,000 lbs. but not more than 24,000 lbs .................................... 3 bushels ................... 3 bushels. More than 24,000 lbs. but not more than 27,000 lbs .................................... 31⁄2 bushels ............... 31⁄2 bushels. More than 27,000 lbs. but not more than 30,000 lbs .................................... 4 bushels ................... 4 bushels. More than 30,000 lbs.—proportionately larger amounts. 1 The requirements set forth the sustaining rations for a full load of livestock in a railroad car 40 feet in length. The require ments for a full load of livestock in railroad cars of different sizes should be modified proportionately, i.e., a load of livestock transported in a car 50 feet in length would require an additional 25 percent of feed or 2.5 percent for each additional foot of car over 40 feet. 2 Or the equivalent in other suitable feed. Dairy calves too young to eat hay or grain, or shipped without their dams, should be given a sufficient amount of prepared calf feed, milk, raw eggs, or other suitable feed. All feed should be of good quality. (b) When the owner of a consignment of livestock desires that they be fed larger amounts of feed than those des ignated in paragraph (a) of this section for the particular kind and quantity of livestock, or the carrier believes that they should be fed larger amounts, the amounts to be fed should be agreed upon, if practicable, by the owner and the carrier at the time the animals are offered for shipment. (c) When emergency conditions arise, such as severe changes in the weather, which increase the rigors of transpor tation, the livestock should receive amounts of feed, additional to those designated in paragraph (a) of this sec tion, sufficient to sustain them until VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 389 Animal and Plant Health Inspection Service, USDA § 89.5 they arrive at the next feeding station or destination. (d) When the movement of livestock is delayed en route so that the period of their confinement in the cars mate rially exceeds that specified by the Twenty-Eight Hour Law, the livestock should receive additional feed in pro portion to such excess time. § 89.2 Two or more feedings at same station. When livestock are held at a feeding station 12 hours after the last previous feed has been substantially consumed, they should again be fed the ration pre scribed by § 89.1(a) for that station: Pro vided, however, That they may be held without such feeding for a period longer than 12 hours if the time they are so held, added to the time required to reach the next feeding station or destination, whichever is closer, would not ordinarily exceed 40 hours. § 89.3 Feeding, watering, and resting livestock in the car. (a) Livestock should be unloaded into pens of the character described in § 89.5(a) for feeding, watering, and rest ing, unless there is ample room in the car for all of the animals to lie down at the same time. (b) If livestock are watered in the car, adequate facilities should be pro vided and ample water furnished to in sure all the animals an opportunity to drink their fill. In the case of hogs, water should be available for not less than 1 hour. (c) Livestock unloaded for feed and water and returned to the car for rest should be allowed to remain in the pens not less than 2 hours. (d) Livestock unloaded for water and returned to the car for feed and rest should be allowed to remain in the pens not less than 1 hour. (e) When livestock are fed in the car, the feed should be evenly distributed throughout the car. § 89.4 Watering. Livestock should be furnished an ample supply of potable water. Water treated with chemicals for industrial or boiler use, or taken from streams or ponds containing sewage, mud, or other objectionable matter should not be used. Troughs and other receptacles should be clean. In cold weather, the water should be free from ice. § 89.5 Feeding pens. (a) Stock pens and other enclosures for feeding, watering, and resting live stock in transit should have (1) suffi cient space for all of the livestock to lie down at the same time, (2) properly designed facilities for feeding and wa tering the livestock, (3) reasonably well-drained, clean, and safe floors of concrete, cinders, gravel, hard-packed earth, or other suitable material, and (4) suitable protection from weather reasonably to be expected in the region in which the pens are located. (b) Care should be taken to protect livestock unloaded en route at a point having marked difference in tempera ture from that at the point from which they were shipped. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B