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of communia's $ 76.17 Serum prophylaxis treatment of

swine.

Although there is no requirement cts produced it under this part that swine be treated rating undert with anti-hog-cholera serum or hog ion Act, I cholera antibody concentrate prior to et seq.), the interstate movement, if swine do rewine fed mreceive serum prophylaxis prior to interesses all sub? state movement they shall be inoculatzapart from ei ed with anti-hog-cholera serum or hog s the prozt: cholera antibody concentrate prepared otherwise bazie under license from the Secretary of manner app

Agriculture issued pursuant to Substrator as ek

chapter E of this chapter; they shall read of cement

meet all other applicable provisions of
this part; and the permitted dosage of
anti-hog-cholera serum or hog cholera

antibody concentrate shall be as fol- in accordar

lows:

partment of Agriculture, for the State in which the livestock market is located, and the executed agreement shall be filed with said Veterinarian in Charge. The Deputy Administrator is authorized to promulgate notices listing approved livestock markets in accordance with paragraph (a) of this section. The Deputy Administrator may withdraw approval and remove any livestock market from such list when he determines that such livestock market no longer complies with the requirements of the agreement applicable to its operations, or that the operator has terminated such agree

S, may be me ther restrita

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ons of this part ucts produit Derating ung Inspection ! C. 601 et sendt

cts of swine does not har specified by is sections nly if amour ded by a

Minimum dose

of antibody concentrate

(cubic centimeters)

Under 20.
20
20 to 40
40+ to 90.
90+ to 120.
120+ to 150.
150+ to 180
Over 180.

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umer and E Tartment de

the prodir

and status dosage of serum should not exceed 1 cc. per pound body

NOTE: Except for swine under 30 pounds in weight, the
weight, or one-half cc. per pound body weight if antibody
concentrate is used.

en able to

roducts h had mit?

$ 76.18 Approval of livestock markets.
(a) Notices containing lists of live-

AGREEMENT FOR APPROVAL TO HANDLE INTER

STATE SHIPMENTS OF ANY CLASS OF SWINE To: Veterinary Services Animal and Plant

Health Inspection Service, U.S. Depart

ment of Agriculture. The undersigned operator of the livestock market known as

(Name) located at

(Address), hereby requests approval to handle interstate shipments of feeder or breeder and/or slaughter swine in accordance with the reg. ulations in 9 CFR 76. Said operator agrees to:

1. Provide Veterinary Services with a schedule of sale days and cooperate with Veterinary Services in obtaining compliance by livestock shippers with applicable State and Federal regulations.

2. Provide well-constructed and well-lighted imperviously surfaced pens, alleys, and sales rings for holding, inspecting and otherwise handling swine, and keep all swine handling facilities clean and in good repair.

3. Require all swine received at the livestock market to be given an inspection by a Veterinary Services or State inspector or an accredited veterinarian, and refuse to sell any swine that show signs of any infectious, contagious, or communicable disease upon such inspection except as authorized by a Veterinary Services or State inspector or an accredited veterinarian.

ored inter

articular stock markets approved for the pur

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tor, insa

poses of the regulations in this part
will be published in the FEDERAL REG-
ISTER. Information with respect to
those livestock markets may also be
obtained from Veterinary Services.

(b) The Deputy Administrator is au-
thorized to approve
market for the purposes of the regula-
tions in this part when he determines
that the operator of such livestock
market has executed an appropriate
agreement as set forth in paragraph
(b) (1) or (2) of this section and that
the livestock market meets the stand-
ards specified in such agreement. Re-
quest for such approval may be made
to the Veterinarian in Charge, Animal
Health Programs, Animal and Plant
Health Inspection Service, U.S. De-

4. Separate from the other swine all swine found upon inspection to be, or suspected of being, affected with any contagious, infectious, or communicable disease and immediately notify a Veterinary Services or State inspector, or an accredited veterinarian, of

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5 The standards contained in these agreements are minimal and agreements within individual States may be adjusted to conform to more restrictive State laws or regulations.

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the presence of such swine at the livestock 1. Provide Veterinary Services with a market.

schedule of sale days and cooperate with 5. Permit no feeder or breeder swine to Veterinary Services in obtaining compliance remain in the livestock market for more by livestock shippers with applicable State than 72 hours and permit no slaughter and Federal regulations. swine to remain in the livestock market for 2. Separate from other swine all swine susmore than 120 hours.

pected of being affected with any conta. 6. Issue no release for removal of feeder or gious, infectious, or communicable disease breeder swine from the livestock market and immediately notify a Veterinary Serv. until the swine are identified in accordance ices or State inspector, or an accredited vetwith applicable requirements of Federal or erinarian, of the presence of such swine at State regulations and have been inspected the livestock market. by a Veterinary Services or State inspector, 3. Issue no releases for removal of any or an accredited veterinarian, and certified swine from the livestock market unless con. in accordance with applicable Federal or signed for immediate slaughter and identify State regulations.

the consignee on the release document. 7. Issue no release for removal of slaugh

4. Permit no swine to be inoculated at the ter swine from the livestock market unless

livestock market with any modified live consigned for immediate slaughter and iden

virus hog cholera vaccine or any other virutify the consignee on the release document.

lent hog cholera virus. 8. Clean and disinfect pens, alleys, sales

5. Maintain, for one year after the transrings, docks, scales, and other facilities

action involved, a record of the origin and when required under $$ 71.4 or 76.31, with a

destination of all swine handled through disinfectant specified in g 76.32.

the livestock market and afford Veterinary 9. Provide facilities and services for clean

Services and State inspectors access to such ing and disinfecting means of conveyance as records at all reasonable times. prescribed in $$ 76.30 and 76.32.

10. Permit no swine to be inoculated at (Name of operator of livestock market) the livestock market with any hog cholera (Address) vaccine or any virulent hog cholera virus. (Signature and title)

11. Maintain, for one year after the trans- (Date) action involved, a record of the origin and destination of all swine, and also of the

The Veterinary Services, Animal and identification of all swine required to be

Plant Health Inspection Service, U.S. Deidentified in accordance with Paragraph 6

partment of Agriculture, has approved this
application effective

(Date).
of this agreement, handled through the live-
stock market and afford Veterinary Services (Veterinarian in charge)
and State inspectors access to such records (Address)
at all reasonable times.

(Date) (Name of operator of livestock market) (Address)

(c) Approval of livestock markets in RTE

a quarantined area. The approved (Signature and Title)

status of all livestock markets ap(Date)

proved for the purposes of the regulaThe Veterinary Services, Animal and

tions in this part under this section Plant Health Inspection Service, U.S. De

which are located in an area placed partment of Agriculture, has approved this application effective

(Date).

under quarantine because of hog chol

era, shall be suspended (only for pur(Veterinarian in Charge)

poses of this part) when such area is (Address) (Date)

placed under quarantine and shall be

restored when such area is released (2) See the following example:

from quarantine only upon compliance AGREEMENT FOR APPROVAL TO HANDLE INTER

with all provisions of this section: ProSTATE SHIPMENTS OF SLAUGHTER SWINE vided, That such livestock markets To: Veterinary Services, Animal and Plant

which qualify under $ 76.1(z) may opHealth Inspection Service, U.S. Depart

erate as slaughter markets for the purment of Agriculture:

pose of receiving interstate shipments

of slaughter swine and releasing in acThe undersigned operator of the livestock

cordance with $76.8, directly to a market known as

(Name), located at

(Address),

slaughter swine for interstate shiphereby requests approval to handle inter- ment, federally inspected slaughtering state shipments of slaughter swine only, in establishment operating under the accordance with the regulations in 9 CFR, provisions of the Federal Meat InspecPart 76. Said operator agrees to:

tion Act, as amended (21 U.S.C. 601 et

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tock marts

Service Dis

seq.), or to a State inspected slaugh- which the Deputy Administrator has

tering establishment which has inspec- reason to believe may have been othobtaining cente

tion by a State inspector at the time of erwise infected with or exposed to Erith applica slaughter.

such a disease, when he determines

that such cleaning and disinfecting is I swine allsti (Approved by the Office of Management

necessary to guard against the spread ed with 11 and Budget under control number 0579

of any such disease. mmunicati 0016)

(d) The carrier shall be responsible (37 FR 3600, Feb. 17, 1972, as amended at 40 FR 53547, Nov. 19, 1975; 48 FR 57472, Dec. for cleaning and disinfecting all means 30, 1983]

of conveyance and associated equip

ment as required by this section and Eor removal 88 76.19 through 76.29 (Reserved)

such cleaning and disinfecting shall be market

done without expense to the Depart8 76.30 Cleaning and disinfecting

ment of Agriculture. means of conveyance.

(e) Such cleaning and disinfecting (a) All means of conveyance and

shall be done before the means of contheir associated equipment used for re

veyance is moved from the place ceiving, shipping, loading, unloading,

where the swine or swine products are and delivering swine and for feeding,

unloaded, unless the Deputy Adminiswatering, and resting swine, in connec

trator, in specific cases, authorizes its tion with the interstate movement of

movement to another location and swine, shall be kept clean.

cleaning and disinfecting is carried out (b) Any means of conveyance and its

at such location in accordance with associated equipment which has been

this section.
used to move swine interstate which
are affected with any contagious, in-
fectious, or communicable

8 76.31 Cleaning and disinfecting livestock disease,

markets and other facilities.
shall be cleaned and disinfected under
the supervision of a Veterinary Serv-

(a) All livestock markets and other ices or State inspector or an accredited

facilities, including facilities for receivveterinarian as follows: Remove all

ing, shipping, loading, unloading, and litter, feed, and manure from all por

delivering swine and for feeding, wations of each means of conveyance, in

tering, and resting swine, used in concluding all ledges and framework

nection with the interstate movement inside and outside, and handle such

of swine shall be kept clean. ack marke litter, feed, and manure in such (b) All livestock markets and other

manner as not to expose livestock to facilities, or any portion thereof, any disease contained therein; clean

which have been used in connection the interior and the exterior of such

with the interstate movement of swine vehicle or other means of conveyance

which are affected with any contaand its associated equipment; and

gious, infectious, or communicable dissaturate the entire interior surface, in

ease, shall be cleaned and disinfected cluding all doors, endgates, portable

under the supervision of a Veterinary chutes, and similar equipment with a

Services or State inspector or an disinfectant prescribed in 8 76.32.

accredited veterinarian follows: (c) The Deputy Administrator may, in specific cases, require the thorough

Empty all troughs and other feeding

and watering appliances; remove all cleaning and disinfecting, under the

litter, feed, and manure from the supervision of a Veterinary Services or State inspector or an accredited veter

floors, posts, or other parts, and Inarian in the manner provided in

handle such litter, feed, and manure

in such manner as not to expose liveparagraph (b) of this section, of any means of conveyance which has been

stock to any disease contained therein;

and saturate the entire surface of the used to move interstate any swine which have been fed any raw garbage,

fencing, troughs, chutes, floors, walls,

and all other parts with a disinfectant or any swine products derived from such swine, or swine exposed to hog

as prescribed in g 76.32. cholera or other contagious, infectious

(c) The Deputy Administrator, in or communicable livestock disease, or

specific cases, may require the thorough cleaning and disinfecting, under

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Title 9--Animals and Animal Products Paper the supervision of a Veterinary Serv. otherwise in accordance with direcices or State inspector or an accredited tions for use as shown on the label of veterinarian, in the manner provided such disinfectant. in paragraph (b) of this section, of any livestock market and other facility, or PART 77 — TUBERCULOSIS IN CATTLE any portion thereof, which has been used in connection with the interstate movement of any swine which have

Subpart A-General Provisions been fed any raw garbage or swine

Sec. products derived from such swine, or

77.1 Definitions. swine exposed to hog cholera or other

77.2 General restrictions. contagious, infectious, or communica

77.3 Designation of States or areas.

77.4 Accredited-free States. ble disease, or which the Deputy Ad

77.5 Modified accredited areas. ministrator has reason to believe may 77.6 Nonmodified accredited areas. have been otherwise infected with or exposed to such a disease, when he de- Subpart B-Interstate Movement of Cattle Not termines that such cleaning and disin- Known To Be Affected With or Exposed to fecting is necessary to guard against Tuberculosis the spread of any such disease.

and Me

77.7 Movement from accredited-free States (d) The owner of such livestock mar

and modified accredited areas. kets and other facilities shall be re- 77.8 Movement from nonmodified accredsponsible for cleaning and disinfecting ited areas. as required under this section, and the cleaning and disinfecting shall be done Subpart C-Interstate Movement of Cattle without expense to the Department of Attected With or Exposed to Tuberculosis Agriculture.

77.9 Movement from

accredited-free (e) All livestock markets or other

States, modified accredited areas, and facilities, or any portion thereof, re- nonmodified accredited areas. quired to be cleaned and disinfected 77.10 Other movements. under this section shall not be used

AUTHORITY: Secs. 3–7, 23 Stat. 32, as for handling swine until after the

amended; secs. 1 and 2, 32 Stat. 791-792, as cleaning and disinfecting has been amended; 41 Stat. 699, sec. 1, 65 Stat. 693, as done.

amended; secs. 3 and 11, 76 Stat. 130, 132 (21

U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, $ 76.32 Disinfectants to be used.

134f); 37 FR 28464, 28477; 38 FR 19141. Disinfection required under the reg.

SOURCE: 43 FR 34431, Aug. 4, 1978, unless ulations in this part shall be per

otherwise noted. formed with one of the following: (a) A permitted brand of sodium

Subpart A-General Provisions orthophenylphenate used in a proportion of at least 1 pound to 12 gallons § 77.1 Definitions. of water, as prescribed in $ 71.12 of this chapter.

As used in this part, the following

terms shall have the meanings set (b) A permitted cresylic disinfectant forth in this section except as otherin the proportion of at least 4 fluid wise specified. ounces to l gallon of water, as prescribed under $ $ 71.10(b) and 71.11 of

(a) Animal. All species of animals

except man, birds, or reptiles. this chapter.

(b) Cattle. Domestic bovine animals (c) A permitted general disinfectant of all ages. (which meets the specifications of

(c) Tuberculosis. The contagious, in§ 71.10(a)(5) of this chapter) and

fectious, and communicable disease of which has been shown to be virucidal cattle caused by Mycobacterium bovis

. against the virus of hog cholera, as determined by the Deputy Administra

(d) Uniform Methods and Rules

Bovine Tuberculosis Eradication. Unitor, 6 may be used at the dilution and form methods and rules for the estab

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6 Information as to the names of such disinfectants may be obtained from the Veter

inarian in charge or a Veterinary Services
inspector.

Ferstate Movement

ed accredited ars

I from nonnië

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75€ in accorda lishment and maintenance of tubercu- (k) Cattle not known to be affected. ? use as shot losis-free accredited herds of cattle, All cattle except those originating sinfectant.

modified accredited areas, and areas from tuberculosis affected herds or

accredited-free of bovine tuberculosis from herds containing tuberculosis 7–TUBERCUSSI in the domestic bovine, as adopted by suspect cattle.

the United States Animal Health Asso- (1) Exposed cattle. Cattle, except reEspart A–Generd hang ciation on October 19, 1977, and ap- actor cattle, which are part of an af

proved by Veterinary Services effec- fected herd.

tive December 22, 1977. The provisions (m) Department. The U.S. Departitions. of the Uniform Methods and Rules

ment of Agriculture (USDA). al restrictions

Bovine Tuberculosis Eradication are zation of State in

(n) Veterinary Services. The Veterihereby incorporated by reference 1, Dited-free States

nary Services, Animal and Plant and are the minimum standards for ed accredited areas

Health Inspection Service, U.S. De-dified acredizin achieving and maintaining herd and

partment of Agriculture. area status.

(0) Deputy Administrator. The (e) Official tuberculin test. Any in

Deputy Administrator, Veterinary e Affected Wavi tradermal test for tuberculosis conducted in accordance with the Uni

Services, or any other Veterinary Servform Methods and Rules-Bovine Tu

ices official to whom authority has at from acredita berculosis Eradication.

heretofore been delegated or may (f) Negative cattle. Cattle classified

hereafter be delegated to act in his negative to an official tuberculin test

stead. in accordance with the guidelines es

(p) State. Any State, territory, the

District of Columbia, or Puerto Rico. =rstate Movement tablished in part II, G., 3., b., of the Uniform Methods and Rules-Bovine

(q) Interstate. From one State into Tuberculosis Eradication.

or through any other State. (g) Suspect cattle. Cattle responding

(r) Moved. Shipped, transported, or ed acrecent to an official tuberculin test and clas

otherwise moved, or delivered or recredited arena sified suspect in accordance with the ceived for movement. guidelines established in part II, G., 2.,

(s) Person. Any individual, corpora3-9, 35 of the Uniform Methods and Rules- tion, company, association, firm, partad 2., 37 sue Bovine Tuberculosis Eradication. nership, society, or joint stock com(h) Reactor cattle. Cattle responding

pany, or other legal entity. to an official tuberculin test and clas- (t) Veterinary Services representasified reactor in accordance with the tive. A veterinarian or other person guidelines established in part II, G., 1., of the Uniform Methods and Rules

employed by Veterinary Services who

is authorized to perform the function Bovine Tuberculosis Eradication.

involved. (1) Herd. Any group of cattle main

(u) State representative. A veterinarneral Provsen tained on common ground for any purpose, or two or more groups of cattle

ian or other person employed in liveunder common ownership or supervi

stock sanitary work of a State or politsion, which are geographically sepa

ical subdivision thereof and who is aurated, but among which there is an in

thorized by such State or political subterchange or movement of cattle with

division thereof to perform the funcout regard to health status.

tion involved under a memorandum of (1) Affected herd. A herd of cattle in

understanding with the Department. which tuberculosis has been disclosed

(v) Accredited veterinarian. An in any such cattle by an official tuber

accredited veterinarian as defined in culin test or by postmortem examina

part 160 of this chapter.

(w) Modified accredited area. A

State or portion thereof which comCoples of the Uniform Methods and

plies with all of the procedures in part Rules-Bovine Tuberculosis Eradication are

X of the Uniform Methods and available upon request from Veterinary

Rules-Bovine Tuberculosis EradicaServices, Animal and Plant Health Inspec

tion. tion Service, U.S. Department of Agricul

(x) Nonmodified accredited area. A ture, Federal Building, Hyattsville, Md. 20782, and were filed as part of this original

State or any portion thereof which has not received accredited-free State or modified accredited area status.

ments

99, sec. 1,69 11. 76 Sat.1 115-117, INN 3477; 38 FREE 1, Aug, 4 1/7

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