PART 75—COMMUNICABLE DISEASES

IN HORSES, ASSES, PONIES,
MULES, AND ZEBRAS

DOURINE IN HORSES AND ASSES Sec. 75.1 Movement of animals from quaran

tined areas; Veterinary Services inspec

tion and certification required. 75.2 Breeding animals in quarantined

areas; interstate movement within 18 months prohibited except on Veterinary Services certification as having passed

complement-fixation test. 75.3 Appraisal of and compensation for

animals.

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Ich has been tion of dou er the saiba ovement air

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(1) Official test. The Agar gel the particular immuno/diffusion test for equine inand custria fectious anemia conducted in a laboraor whom inga tory approved by the Deputy Adminiside such a trator, Veterinary Services, for the der such asis purpose of conducting this test. Laboay the inspection ratories will be approved by the

Deputy Administrator following the imals in quam determination by him that the labora

movement i tory: (i) Has adequately trained teched except ule nical personnel assigned to conduct ertification at the test, (ii) uses USDA licensed antint-fixation test gen, (iii) follows standard test protoks shall bed col

, (iv) meets check test proficiency

requirements, and (v) reports all test En area quae results to State and Federal animal of Agricultus

health officials. 1 hall be any a

(2) Reactor. Any horse, ass, mule, which the pony, or zebra which discloses a posi

tive reaction to the official test.

(3) Officially identified. The permanent identification of a reactor using the National Uniform Tag code number assigned by the Department to the State in which the reactor was tested followed by the letter “A” 2 which markings shall be permanently

applied to the animal by a Veterinary complemer Services inspector, State inspector, or accredited veterinarian

who shall employ for the purpose a hot iron or chemical brand, freezemarking or a lip

tattoo. If hot iron or chemical brandmed because ing or freezemaking is employed, the

markings shall be not less than two provisione inches high and shall be applied to the as set to left shoulder or left side of the neck of

the reactor. If a lip tattoo is employed,
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.

(4) Certificate. An official document
issued by a State or Veterinary Serv-

ices inspector or by an accredited vetFristene / erinarian at the point of origin of the

interstate shipment on which listed: (i) The description, including age, breed, color, sex, and distinctive markings when present (such brands, tattoos, scars, or blemishes) on each reactor to be moved; (ii) the number of animals covered by the document; (iii) the purpose for which the animals are to be moved; (iv) the points of origin and destination; (v) the consignor; and (vi) the consignee; and which states that the animal or animals identified on the certificate meet the requirements of $ 75.4(c).

(5) Veterinary Services inspector. A veterinarian or livestock inspector employed by Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, in animal health activities, who is authorized to perform the function involved.

(6) State inspector. A veterinarian or livestock inspector regularly employed in animal health activities by a State or a poltical subdivision thereof, authorized by such State or political subdivision to perform the function involved under a cooperative agreement with the U.S. Department of Agriculture. (7) Accredited veterinarian.

An accredited veterinarian as defined in Part 160 of this chapter.

(c) Any reactor to an official test shall be classified as affected with equine infectious anemia, and shall not be moved interstate unless:

(1) It is officially identified, and accompanied by a certificate as defined in § 75.4(b)(4); and

(2) It is moved interstate, for immediate slaughter, to a federally inspected slaughtering establishment operated under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or to a State-inspected slaughtering establishment which has inspection by a State inspector at the time of slaughter, or to a diagnostic or research facility designated by the Deputy Administrator, as provided in § 71.3(e), or

se.

compensational

and pai.

of this ti Stalo 12

A (Swar

ndition

'Information as to the names of laboratories approved for running the official test can be obtained from the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Federal Center Building, Hyattsville, Maryland 20782. _’Information as to the National Uniform Tag code number system can be obtained from the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Federal Center Building, Hyattsville, Maryland 20782.

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Ons

3Research facilities will be designated by the Deputy Administrator upon request and after a determination by the Deputy Administrator that the facility is secure and will

Continued

151

(3) The reactor is disclosed on an of- (2) The age of each animal covered ficial test conducted in a State other by the certificate, with the age of each than the State in which the home weanling or yearling recorded in days; farm of the reactor is located, and (3) The number of animals covered such reactor is moved interstate to its by the certificate; home farm under a certificate issued (4) The purpose for which the ani. by a State or Veterinary Services in- mals are to be moved; spector or by an accredited veterinar- (5) The points of origin and destina. ian upon his determination, after con- tion of the movement; sultation with the State officials con- (6) The names of the consignor and cerned, that the reactor so moved will the consignee; and, be maintained segregated from other (7) Certification by the person issuequine animals and quarantined under

ing the certificate that the animal or State authority on the premises of its

animals identified on the certificate home farm until natural death, are not affected or exposed animals. slaughter, or disposition by euthana

(8) On any mare bred since January sia.

1, 1978, the certificate shall further (38 FR 20441, Aug. 1, 1973)

state: (i) The name of stallion to

which the mare was bred; (ii) the date CONTAGIOUS EQUINE METRITIS (CEM) or dates of breeding; and (iii) the farm

name where the stallion was located. 875.5 Definitions.

(e) CEM. Contagious Equine MetriFor purposes of this section, the fol- tis. lowing terms shall mean:

(f) Exposed Animal. An animal (a) Accredited Veterinarian. An which has had sexual contact with an accredited veterinarian as defined in affected animal, or which has had Part 160 of this chapter.

genital contact with any animal or (b) Affected Animal. An animal from equipment which has had any gential which bacteria causing CEM has been contact with an affected animal. identified in a State or Federal animal (g) Permit.“ A completed V$ Form 1disease diagnostic laboratory by stand- 27 issued by a State or Veterinary ard bacteriological methods.

Services inspector or by an accredited (c) Animal. Any horse, ass, mule, veterinarian for the interstate movezebra or other equidae.

ment of affected or exposed animals (d) Certificate.» An official docu- for slaughter which in addition to the ment issued by a State or Veterinary information required to be stated on Services inspector or by an accredited the form shall state a description of veterinarian at the point of origin of a each animal to be moved including the shipment of animals to be moved name, age,

lor, and distinctive mark. under this section which states:

ings, such as brands, tattoos, scars, or (1) The description of each animal blemishes, if any. covered by the certificate including (h) State Inspector. A veterinarian the name, breed, color, sex, and dis- or livestock inspector regularly emtinctive markings, such as brands, tat- ployed in animal health activities by a toos, scars, or blemishes, if any;

State or a political subdivision thereof,

authorized by such State or political prevent exposure to other equine animals. subdivision to perform the function inInformation as to the names and locations volved under a cooperative agreement of designated research facilities can be ob- with the United States Department of tained from the Deputy Administrator, Vet

Agriculture. erinary Services, Animal and Plant Health Inspection Service, U.S. Department of Ag

(i) Veterinary Services Inspector. A riculture, Federal Center Building, Hyatts

veterinarian or livestock inspector em. ville, Maryland 20782.

ployed by Veterinary Services, Animal 3. The person issuing the certificate shall promptly forward copies of each certificate

“The person issuing each permit shall issued to the Chief Animal Health official

promptly forward copies of each permit of the State of origin and the Chief Animal issued to Animal Health officials indicated Health official of the State of destination, on the original and each copy of VS Form 1respectively.

exposed ant Eored since a rate shail : de of stali bred: (i) that and (ii) te con was locati zus Equine

zal

. An er contact which has any anici

had any

Ef each animals and Plant Health Inspection Service, double fence to the point of beginning, e, with the U.S. Department of Agriculture, in containing approximately 4 acres. Fling recorderli animal health activities, who is au- (ii) Boyle County. That portion of er of animes a thorized to perform the function in- the premises of Happy Valley Farm lovolved.

cated on the southwest side of Bluee for which t

(j) Weanling or Yearling. Any horse grass Pike 0.5 mile northwest of the ved;

not more than 731 days old on the intersection of Kentucky Highway f origin and date of interstate movement.

1915 and Bluegrass Pike, intersection ent; (k) Known infected premises. A

is located 0.9 mile west of U.S. High-f the cost premises where an affected animal has way 127, then, proceed from the farm been bred.

entrance southwest 0.8 mile to a strucby the pers (1) Breeding animal. Any mare or

ture known as the concrete barn, then that the stallion more than 731 days old on the

proceed southeast from the southwest on the curi date of interstate movement.

corner of the concrete barn approxi(m) Artifical insemination. The col

mately 600 feet to the corner post of lection of semen from a stallion

the paddock, described as beginning at through use of an artifical vagina and

the corner post; then, approximately the introduction of semen collected by

400 feet southwest along a double that means into the female reproduc

fence line; then, approximately 220 tive organs of a mare without sexual

feet southeast along a single fence; contact.

then, approximately 400 feet north

east along a single fence; then, ap(43 FR 22926, May 30, 1978, as amended at proximately 220 feet northwest along 43 FR 25993, June 16, 1978; 44 FR 28296, a single fence line to the point of beMay 15, 1979)

ginning, containing approximately 2 $ 75.6 General restrictions.

acres.

(iii) Fayette County. That portion of (a) Notice is hereby given that CEM, the premises of the University of Ken

a communicable disease of horses, tucky Experiment Station located on ted vs ic asses, mules, zebras, and other equidae the west side of Newtown Pike 100 or vele exists in each area specified in $ 75.7 yards north of Interstate 75 under- an account of this part.

pass, then, on entrance road to a barn (b) Affected or exposed animals marked “B” described as beginning at posed 200 shall not be moved interstate except in the south corner of the lot of barn dditional accordance with the regulations in “B”; then, north approximately 944

feet along double fence; then, east ap[43 FR 22927, May 30, 1978]

proximately 1326 feet along a double fence line; then, south approximately

950 feet along a double fence line; (a) Notice is hereby given that be

then, west approximately 1326 feet cause of the existence of CEM in the

along a double fence line to the point breed of Thoroughbred horses in cer

of beginning, containing approximatetain areas, and because of the nature

ly 40 acres including a barn marked and extent of such disease, the follow

“C” which is located on the east end ing areas are hereby quarantined:

of the enclosed quarantine area.

(iv) Mercer County. That portion of (i) Bourbon County. That portion

the premises of Bellows Mill Farm loof the premises of Elmendorf Farm

cated on the north side of Bellows Mill No. 2, located 0.5 miles east of inter

Road 2.8 miles east of the intersection section of Bethelehem Pike and Iron

of Beaumont Road and Bellows Mill Road then proceed 0.4 mile northwest from the entrance of the farm to the southeast corner of a paddock described as beginning at the entrance to the paddock at the southeast corner; then, north approximately 250 feet along a single fence line; then, west approximately 560 feet along a single fence line; then, south approximately

d animal

terstate D

be stati

this part.

description

includiz inctive D

$ 75.7 Areas quarantined.

vetering gulariri

ctivities ion then

(1) Kentucky.

functie

Spector

vectore

Works Pike on the north side of Iron Works Pike described as beginning at the northwest corner of barn No. 1, then, north along a double fence approximately 500 feet, then, west along a double fence approximately 200 feet, then south along a double fence approximately 500 feet, then east along a

a

250 feet along a single fence line; then, along a double fence in a west direceast approximately 560 feet along a tion for approximately 160 feet, then single fence to the point of beginning, along a double fence in a southwest dicontaining approximately 8 acres in- rection for approximately 400 feet, cluding a tobacco barn and a stripping then along a double fence in a southbuilding on the north central portion east direction for approximately 60 of the paddock.

feet, then along a double fence in a (v) Oldham County. That portion of northeast direction for approximately the premises of Hermitage Farm locat- 250 feet to the point of beginning, coned 3 miles northeast of Goshen, on the taining approximately 2.5 acres. southeast side of U.S. Highway 42, de

(b) Notice is hereby given that bescribed as beginning at a post on the cause of the existence of CEM in var. southeast side of Circle Drive, then in

ious breeds of horses in certain areas a southeasterly direction along

of Missouri and because of the nature single fence approximately 1,000 feet,

and extent of such disease, the followthen in a south direction along a

ing areas are hereby quarantined: double fence approximately 400 feet,

(1) Missouri. then in a northwestern direction along

(i) [Reserved) a single fence approximately 400 feet to corner post, then along an irregular

(ii) Callaway County. The premises single fence line to the point of begin

of Carl Block located in sec. 34, T. 48 ning, containing approximately 3

N., R. 11 W. acres.

(iii) Ste. Genevieve County. The (vi) Scott County. (A) That portion

premises of Dr. Robert Hoye located of the premises of Elkhorn Stud Farm in sec. 18, T. 37, R. 8. located in the southwest corner of the

(Secs. 4-7, 23 Stat. 32, as amended; secs. 1 intersection of Interstate 75 and U.S.

and 2, 32 Stat. 791-792, as amended; secs. 1Highway 460, then proceed due west 4, 33 Stat. 1264, 1265, as amended (21 U.S.C. from the northwest corner of the con- 111-113, 115, 117, 120, 121, 123-126), 7 CFR crete barn approximately 150 feet to 2.17, 2.51, 371.2(d)) the northeast corner of the second (43 FR 22927, May 30, 1978, as amended at paddock on the south side of the lane 44 FR 28296, May 15, 1979; 44 FR 40880, described as beginning at a corner July 13, 1979; 44 FR 60257, Oct. 19, 1979; 44 post; then, west approximately 120 FR 75620, Dec. 21, 1979; 45 FR 1002, Jan. 4, feet along the fence line; then, south

1980; 45 FR 2837, Jan. 15, 1980; 45 FR 8580, approximately 160 feet along the

Feb. 8, 1980; 45 FR 26316, Apr. 18, 1980; 46 fence line; then, east approximately

FR 22565, Apr. 20, 1981; 46 FR 37018, July 120 feet along the fence line; then,

17, 1981; 48 FR 38794, Aug. 26, 1983) north approximately 160 feet along

8 75.8 Restrictions on interstate movement the fence line to the point of begin

from or through Kentucky. ning, containing approximately 0.35 acre.

(a) Except as provided in paragraph (B) That portion of the premises of

(b) of this section, no horse of the the J. T. Lundy Farm located 0.6 mile

Thoroughbred breed shall be moved north of the intersection of U.S. High

interstate from or through any quar: way 421 and Moore's Mill Road on the antined area specified in 875.7(a) of east side of Moore's Mill Road to the this part except in accordance with entrance, then cross Elkhorn Creek on the following conditions: the main farm lane for 0.2 mile to the (1) A gelding may be moved interisolation barn, then approximately 100 state without restriction; feet in a northwest direction from the (2) A weanling or yearling may move northeast corner of the isolation barn interstate if accompanied by a certifiacross the lane to the paddock gate to cate; the quarantined area described as be

(3) A mare or stallion which is not ginning at the paddock gate, then an affected or exposed animal and along a double fence in a northeast di- which has not been bred naturally in rection approximately 200 feet, then the quarantined area after August 30, along a double fence in a north direc

1977, may move interstate from the tion for approximately 200 feet, then

quarantined

for other than