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Interstate Movement of Diseased Animals and Poultry Generally Prohibited

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Interstate Movement of Diseased Animals and Poultry Generally Prohibited Animal and Plant Health Inspection Service, USDA § 71.3 identified receiving premises that con- APHIS that provides unique identifica- tain only swine that have completed tion for each animal. their interstate movement within a [28 FR 5937, June 13, 1963] single swine production system and of all swine on those premises must be EDITORIAL NOTE: For FEDERAL REGISTER ci- conducted in accordance with State tations affecting § 71.1, see the List of CFR Sections Affected, which appears in the regulations. The plan must also de- Finding Aids section of the printed volume scribe the recordkeeping system of the and at www.fdsys.gov. swine production system. The plan will not be valid unless it is signed by an of- § 71.2 Secretary to issue rule gov- ficial of each swine production system erning quarantine and interstate identified in the plan, the swine pro- movement of diseased animals, in- cluding poultry. duction system accredited veteri- narian(s), an APHIS representative, When the Secretary of Agriculture and the State animal health official shall determine the fact that poultry from each State in which the swine or other animals in any State, Terri- production system has premises. In the tory, or the District of Columbia are plan, the swine production system affected with any contagious, infec- must acknowledge that it has been in- tious, or communicable disease of live- formed of and has notified the man- stock or poultry for which, in his opin- agers of all its premises listed in the ion, a quarantine should be established plan that any failure of the partici- or that other basis for a quarantine ex- pants in the swine production system ists, notice will be given of that fact, to abide by the provisions of the plan and a rule will be issued accordingly, placing in quarantine such State, Ter- and the applicable provisions of this ritory, or the District of Columbia, or part and part 85 of this chapter con- specified portion thereof. This rule will stitutes a basis for the cancellation of either absolutely forbid the interstate the swine production health plan, as movement of the quarantined animals well as other administrative or crimi- from the quarantined area or will indi- nal sanctions, as appropriate. cate the regulations under which inter- Swine production system. A swine pro- state movements may be made. duction enterprise that consists of multiple sites of production; i.e., sow [34 FR 15641, Oct. 9, 1969] herds, nursery herds, and growing or § 71.3 Interstate movement of diseased finishing herds, but not including animals and poultry generally pro- slaughter plants or livestock markets, hibited. that are connected by ownership or (a) Animals or poultry affected with contractual relationships, between any of the following diseases, which are which swine move while remaining endemic to the United States: Equine under the control of a single owner or piroplasmosis, bovine piroplasmosis or a group of contractually connected splenetic fever, scabies in cattle, owners. pseudorabies, acute swine erysipelas, Swine production system accredited vet- tuberculosis, Johne’s disease, brucel- erinarian. An accredited veterinarian losis, scrapie, bluetongue, anthrax, who is named in a swine production chlamydiosis, and Newcastle disease, health plan for a premises within a or any other communicable disease swine production system and who per- which is endemic to the United States, forms inspection of such premises and or which are cattle fever tick infested, animals and other duties related to the shall not be moved interstate. movement of swine in a swine produc- (b) Animals or poultry affected with tion system. any of the following diseases, not Tick infested. Infested with the ticks known to exist in the United States: Boophilus annulatus (Margaropus foot-and-mouth disease, rinderpest, Af- annulatus), Boophilus microplus, or rican swine fever, classical swine fever, Rhipicephalus evertsi evertsi. Teschen disease, contagious bovine United States. All of the States. pleuropneumonia, European fowl pest, United States Department of Agri- dourine, contagious equine metritis, culture backtag. A backtag issued by vesicular exanthema, screwworms and 213 VerDate Mar<15>2010 14:05 Mar 20, 2012 Jkt 226028 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\226028.XXX 226028 emcdonald on DSK29S0YB1PROD with CFR § 71.3 9 CFR Ch. I (1–1–12 Edition) glanders, scabies in sheep or any other interstate; and the name and address of communicable foreign disease not the owner or shipper. known to exist in the United States, (1) Livestock affected with one or shall not be moved interstate. more of the following diseases may be (c) Notwithstanding the provisions of moved interstate for immediate paragraphs (a) and (b) of this section: slaughter to a slaughtering establish- (1) Domestic animals that have re- ment where State or Federal meat in- acted to an official test for brucellosis, spection is maintained; Actinomycosis, are not affected with any other disease actinobacillosis, anaplasmosis, atroph- referred to in this section, and are not ic rhinitis, contagious ecthyma, foot tick infested may be moved interstate rot, infectious keratitis, ram in accordance with part 78 of this chap- epididymitis, ringworm, swine influ- ter. enza, arthritis (simple lesions only), (2) Domestic animals that are posi- and shipping fever. tive to an official Johne’s disease test, (2) Cattle with slight unopened cases are not affected with any other disease of actinomycosis or actinobacillosis (or referred to in this section, and are not both) may be moved interstate to a tick infested may be moved interstate feed lot in the State of destination: in accordance with part 80 of this chap- Provided, That such cattle are not af- ter. fected with any other disease named in this paragraph. (3) Cattle which have reacted to the (3) Sheep affected with or exposed to tuberculin test, which are not affected contagious ecthyma may be moved with any other disease referred to in interstate to a feed lot located in a this section and are not tick infested, State the laws, rules, or regulations of may be moved interstate in accordance which require that such sheep be seg- with the provisions of § 77.17 of this regated or quarantined under a permit subchapter. from an official of such State: Provided, (4) Swine infected with or exposed to That such sheep are not affected with pseudorabies may be moved interstate any other disease named in this para- in accordance with part 85 of this chap- graph. ter. (4) Livestock affected with one or (5) [Reserved] more of the following diseases may be (6) Sheep or goats designated, with moved interstate for any purpose to a regard to scrapie, as exposed animals, State the laws, rules, or regulations of high-risk animals, suspect animals, or which require that such livestock be scrapie-positive animals, as those segregated or quarantined under a per- terms are defined in part 79 of this sub- mit from the appropriate livestock chapter, may be moved interstate only sanitary official of such State: actino- in accordance with part 79 of this sub- mycosis, actinobacillosis, contagious chapter. ecthyma, foot rot, and shipping fever: (d) Notwithstanding the provisions of Provided, That such livestock is not af- paragraphs (a) and (b) of this section, fected with any other disease named in livestock which is found to be diseased this paragraph. may be moved interstate in accordance (5) Livestock affected with infectious with paragraphs (d)(1) through (6) of keratitis or ringworm (or both) may be this section: Provided, That such live- moved interstate for any purpose if stock is not tick infested or affected treated under the supervision of an with any disease referred to in this sec- APHIS or State representative or an tion other than the diseases named in accredited veterinarian prior to move- this paragraph: And provided further, ment: Provided, That such livestock is That such livestock is accompanied by not affected with any other disease a certificate, issued by an APHIS or named in this paragraph. Livestock af- State representative or accredited vet- fected with infectious keratitis or erinarian stating the destination of the ringworm (or both) and also with an- animals; the purpose for which they other disease named in this paragraph are to be moved; the number of animals may be moved interstate only under covered by the certificate; the point the applicable provisions of paragraphs from which the animals are moved (d)(1) through (4) of this section after 214 VerDate Mar<15>2010 14:05 Mar 20, 2012 Jkt 226028 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\226028.XXX 226028 emcdonald on DSK29S0YB1PROD with CFR Animal and Plant Health Inspection Service, USDA § 71.4 being so treated for infectious keratitis EDITORIAL NOTE: For FEDERAL REGISTER ci- or ringworm (or both). Such livestock tations affecting § 71.3, see the List of CFR will be subject to further treatment at Sections Affected, which appears in the destination, if required. Finding Aids section of the printed volume and at www.fdsys.gov. (6) Fish affected with spring viremia of carp may be moved interstate only if EFFECTIVE DATE NOTE: At 73 FR 52184, they are being moved directly to a fa- Sept. 9, 2008, § 71.3 was amended in paragraph (a), in the list of diseases which are endemic cility to be processed into food for to the United States, by adding the words human consumption. ‘‘viral hemorrhagic septicemia,’’ after (7) Other movements. The Adminis- ‘‘chlamydiosis,’’; and by adding a new para- trator may provide for the movement, graph (c)(5), effective Nov. 10, 2008. At 73 FR not otherwise provided for in this para- 63867, Oct. 28, 2008, the effective date was de- graph, of animals affected with the dis- layed until Jan.
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