Title 9—Animals and Animal Products (y) Accredited-free State. A State (dd) Official seal. A seal issued by a which complies with all of the proce- State or Veterinary Services repredures of part XI of the Uniform Meth- sentative. ods and Rules-Bovine Tuberculosis Eradication.

8 77.2 General restrictions. (2) Accredited herd. A cattle herd Cattle may not be moved interstate which meets the requirements of part except in compliance with the regula. IX of the Uniform Methods and tions in this part. Rules-Bovine Tuberculosis Eradication.

877.3 Designation of States or areas. (aa) Certificate. An official docu

The Deputy Administrator may ment issued by a Veterinary Services

amend the regulations in this part to representative, a State representative, designate States or portions thereof as or an accredited veterinarian at the

modified accredited areas, accreditedpoint of origin of a shipment of cattle

free States, or nonmodified accredited to be moved under this part, which

areas, respectively, when he detershows the identification tag, tattoo, or mines that these States or portions registration number or similar identifi

thereof come within the appropriate cation of each animal to be moved, the definitions in § 77.1 (w), (x), or (y), and number, breed, sex, and approximate to delete any State or portion thereof age of the animals covered by the doc- from any such list at any time when ument, the purpose for which the ani- he determines that they no longer mals are to be moved, the date and come within the appropriate definiplace of issuance, the points of origin tion. and destination, the consignor, and the consignee, and which states that 8 77.4 Accredited-free States. the animal or animals identified on

(a) Accredited-free State status shall the certificate meet the requirements

have a duration of 1 year. In order to of this part.

qualify for

reaccreditation, such (bb) Permit. An official document

States shall annually, between Octoissued for movement of animals under

ber 1 and November 30, submit a this part by a Veterinary Services rep

report to Veterinary Services certify. resentative, State representative, or an ing that the State is in compliance accredited veterinarian at the point of with all the requirements of Part XI origin of a shipment of cattle to be

of the Uniform Methods and Rulesmoved directly to slaughter, which Bovine Tuberculosis Eradication reshows the tuberculosis status of each

garding accredited-free States. animal (reactor, suspect, or exposed),

(b) The following States are hereby the ear tag number of each animal

designated accredited-free States: and the name of the owner of such

Colorado, Connecticut, Maine, Mary. animal, the establishment to which land, Minnesota,

Montana, New the animals are to be moved, the pur- Hampshire, New Jersey, New Mexico, pose for which the animals are to be North Carolina, North Dakota, Rhode moved and that they are eligible for Island, Utah, and Wyoming. such movement under the applicable provisions of $$ 77.9 and 77.10.

8 77.5 Modified accredited areas. (cc) Transportation document. Any

(a) Modified accredited area status document accompanying the inter- shall have a duration of 1 year. In state movement, such as an owner's

order to qualify for reaccreditation, statement, manifest, switch order, or

such States shall annually, between vehicle record, on which is stated: (1)

October 1 and November 30, submit a The point from which the animals are

report to Veterinary Services certify: moved interstate; (2) the destination ing that the State is in compliance of the animals; (3) the number of ani- with all the requirements of Part X of mals covered by the document; and (4)

the Uniform Methods and Rulesthe name and address of the owner or

Bovine Tuberculosis Eradication reshipper.

garding modified accredited areas.

3

(W)
, (8)

, 074 or

e portion to

at any titi t they mak

-ppropriate E

States.
State stats

year. In der editation i 7, between i

30, sub Services

seal
. A seal is

(b) The following States or portions Subpart C-Interstate Movement of erinary Services thereof are hereby designated as modi- Cattle Affected With or Exposed to fied accredited areas: All States or por

Tuberculosis tions thereof except those otherwise estrictions. designated in $ 77.4 or $ 77.6.

$77.9 Movement from accredited-free ot be mored is

States, modified accredited areas, and jance with the $77.6 Nonmodified accredited areas.

nonmodified accredited areas. The following States or portions

(a) Reactor cattle. Cattle which have thereof are hereby designated as non

been classified as reactor cattle may be of States or modified accredited areas:

moved interstate only if they are Administrato [No States).

moved directly to slaughter at an esations in this

tablishment operating under the proI portions de Subpart B-Interstate Movement of visions of the Federal Meat Inspection ed areas, auto Cattle Not Known To Be Affected Act (21 U.S.C. 601 et seq.) or to a modified at With or Exposed To Tuberculosis

State-inspected slaughtering establish

ment which has inspection by a State States Or 877.7 Movement from accredited-free inspector at the time of slaughter, and in the app States and modified accredited areas.

only upon compliance with the follow

ing conditions: Cattle not known to be affected with

(1) The reactor cattle shall be indior exposed to tuberculosis, originating

vidually identified by branding the in an accredited-free State or a modi

letter “T” not less than 2 nor more fied accredited area, may be moved in

than 3 inches high on the left jaw and terstate without restriction.

by a Veterinary Services approved 877.8 Movement from

metal eartag bearing a serial number

nonmodified accredited areas.

and the inscription “U.S. Reactor" or

a similar State reactor tag bearing Cattle not known to be affected with such number and similar description or exposed to tuberculosis, originating attached to the left ear of each in a nonmodified accredited area, shall animal; and only be moved interstate if:

(2) The reactor cattle shall be ac(a) Such cattle are accompanied by a

companied by a permit; and certificate stating that such cattle (3) The reactor cattle shall not be in comune have been classified negative to an of- moved interstate in a means of conveyficial tuberculin test, which was con

ance containing any animals susceptiducted within 30 days prior to the date

ble to tuberculosis unless all of the of movement. All cattle not individual

animals are being moved directl to ly identified by a registration name

slaughter; and and number shall be individually iden

(4) Any person who moves reactor tified by a Veterinary Services ap

cattle interstate under this paragraph proved metal eartag or tattoo; or

shall plainly write or stamp upon the (b) Such cattle are from an accredited herd and they are accompanied by

face of the transportation document

the words “Tuberculin Reactor" and a certificate showing the cattle to be from such a herd; or

the following statement: “This convey

ance shall be cleaned and disinfected (c) Such cattle are moved interstate

in accordance with § 77.9(a)(5) of the directly to slaughter to an establish

regulations."; and ment operating under the provisions

(5) Each means of conveyance in of the Federal Meat Inspection Act (21

which reactor cattle have been transU.S.C. 601 et seq.) or to a State inspected slaughtering

ported interstate under this paragraph

establishment which has inspection by a State in

shall be cleaned and disinfected by the spector at the time of slaughter.

carrier, in accordance with the provisions of $ $ 71.6, 71.7, and 71.10 of this

subchapter, under the supervision of a "The regulations of the State of destina

Veterinary Services representative or tion should be consulted before shipments are made from accredited-free State and

State representative or an accredited veterinarian or other person designated by the Deputy Administrator. If, at

ents of

ods and Eradicatiu

States

tes are the

-free

Maine

, li Intan

New les

rest

30, sube

COSMETI compik

f Parts ad Rule

the point where the cattle are unload- spected slaughtering establishment ed, such supervision or proper cleaning which has inspection by a State inand disinfecting facilities are not avail- spector at the time of slaughter. able, and permission is obtained from a Veterinary Services representative or

8 77.10 Other movements. State representative, the empty means The Deputy Administrator may, of conveyance may be moved to a loca

with the concurrence of the livestock tion where such supervision and facili- sanitary officials of the State of desti. ties are available for cleaning and dis- nation, upon request in specific cases, infecting. Permission shall be granted permit the movement of cattle not if such movement does not present a otherwise provided for in this part risk of the dissemination of tuberculo- which have not been classified as reacsis.

tor cattle and are not otherwise known (b) Exposed cattle. Cattle which

to be affected with tuberculosis, under have been classified as exposed cattle such conditions as he may prescribe in shall be moved interstate only if they each specific case to prevent the are moved directly to slaughter to an

spread of tuberculosis. The Deputy establishment operating under the Administrator shall promptly notify provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or to a

the appropriate livestock sanitary offi

cials of the State of destination of any State inspected slaughtering establish

such action. The revision of the regu. ment which has inspection by a State inspector at the time of slaughter and

lations imposes certain restrictions only in compliance with the following

necessary to prevent the interstate conditions:

spread of tuberculosis in cattle. It does (1) Such exposed cattle must be indi

not appear that further public particividually identified by branding the

pation in this rulemaking proceeding letter "S" not less than 2 nor more

would make additional relevant inforthan 3 inches high on the left jaw and

mation available to the Department. by tagging with a Veterinary Services approved metal eartag bearing a serial

PART 78—BRUCELLOSIS number attached to either ear of each animal, except that in lieu of brand

Subpart A-General Provisions ing, the cattle may be accompanied to

Sec. slaughter by a Veterinary Services 78.1 Definitions. representative or State representative,

78.2 Notice relating to existence of brucelor may be moved in vehicles closed

losis. with official seals. When such cattle

78.3 Handling of certificates or permits for are moved in vehicles closed with offi

movement of animals. cial seals, said seals shall only be re

78.4 Handling in transit of cattle and bison moved by a State or Federal employee

moved interstate. specifically designated by the Deputy Administrator; and

Subpart B-Restrictions on Interstato (2) Such exposed cattle shall be

Movement of Cattle Because of Brucellosis moved in accordance with the require

78.5 General restrictions. ments pertaining to reactor cattle con

78.6 Steers and spayed heifers. tained in paragraphs (a)(2), (a)(3), and

78.7 Brucellosis reactor cattle. (a)(5) of this section.

78.8 Brucellosis-exposed cattle. (c) Suspect cattle. Suspect cattle

78.9 Cattle from herds not known to be afwhich have not been retested and

fected with brucellosis. found negative from herds in which no

78.10—78.11 [Reserved) reactor cattle have been disclosed on

78.12 Other movements. an official tuberculin test, and nega

78.12a Cattle from quarantined areas. tive cattle from such herds, shall only be moved interstate if they are moved

Subpart c-Restrictions on Interstate directly to slaughter to an establish

Movement of Bison Because of Brucellosis ment operating under the provisions

78.13 General restrictions. of the Federal Meat Inspection Act (21

78.14 Bison steers and spayed heifers. U.S.C. 601 et seq.) or to a State in

78.15 Brucellosis reactor bison.
78.16 Brucellosis exposed bison.

ulosis. The i

estock sania f destinatie:

evision of the ertain Nettet ent the inte

Cher publicas

ghtering the Sec.

ed or may hereafter be delegated to 78.17 Bison from herds not known to be afpection by as

act in his stead. fected with brucellosis. cime of slaube 78.18 Movement of bison from public zoo

(d) Veterinarian in Charge. The vet

erinary official of Veterinary Services, to public zoo. ovements.

Animal and Plant Health Inspection 78.19 Other movements. Administra

Service, U.S. Department of Agricul

ture, who is assigned by the Deputy rrence of the Subpart D-Designation of Brucellosis Areas

Administrator to supervise and pers of the Start and Specifically Approved Stockyards

form the official animal health work quest in spect 78.20 State/Area Classification.

of the Animal and Plant Health In-'ement of a 78.21 (Reserved]

spection Service in the State conded for in the 78.22 Quarantined areas.

cerned. een classifieds 78.23 Specifically approved stockyards.

(e) Veterinary Services representanot othermit 78.24 Slaughtering establishments.

tive. A veterinarian or other person h tuberculosi . 78.25 Designation of States/Areas and ap

employed by Veterinary Services, she may pre proved stockyards.

Animal and Plant Health Inspection se to prep Subpart E-Restrictions on Interstate

Service, United States Department of Movement of Swine Because of Brucellosis

Agriculture, who is authorized to perzll promptir

form the function involved. 78.26 General restrictions.

(f) State animal health official. The 78.27 Brucellosis reactor swine.

State animal health official responsi78.28 Brucellosis exposed swine.

ble for livestock and poultry disease 78.29 Brucellosis testing of breeding swine.

control and eradication programs. 78.30 Identification of sows and boars.

(g) State representative. A veterinarsis in catte Is 78.31 Other movements.

ian or other person regularly emAUTHORITY: Secs. 4, 5, 7, 23 Stat. 32, as ployed in livestock sanitary work of a making protein amended, secs. 1 and 2, 32 Stat. 791-792, as State or a political subdivision thereof, amended: sec. 3, 33 Stat. 1265, as amended;

and who is authorized by such State sec. 2, 65 Stat. 693; and secs. 3 and 11, 76 Stat. 130, 132 (21 U.S.C. 111-113, 114a-1,

or political subdivision to perform the 115, 120, 121, 125, 134b, 134f); 37 FR 28464,

function involved under a cooperative 28477, 38 FR 19141, unless otherwise noted.

agreement with the United States DeSOURCE: 40 FR 17816, Apr. 22, 1975, unless

partment of Agriculture. otherwise noted.

(h). Accredited veterinarian. An accredited veterinarian as defined in

Part 160 of this chapter.
Subpart A-General Provisions

(i) State. Any State, the District of

Columbia, Puerto Rico, the Virgin Is878.1 Definitions.

lands of the United States, or Guam. As used in this part, the following (j) Area. That portion of any State, terms shall have the meanings set the District of Columbia, Puerto Rico, forth in this section except as other- the Virgin Islands of the United wise specified.

States, or Guam which has a separate (a) Brucellosis. The contagious, in- brucellosis classification under this fectious, and communicable disease Part. caused by bacteria of the genus Bru- (k) Person. Any individual, corporacella. It is also known as Bangs dis- tion, company, association, firm, partease, undulant fever, and contagious nership, society, or joint stock compaabortion.

ny or other legal entity. (b) Veterinary Services. Veterinary (1) Interstate. From any State into or Services, Animal and Plant Health In- through any other State. spection Service, United States De- (m) Moved. Shipped, transported, or partment of Agriculture.

otherwise moved, or delivered or re(c) Deputy Administrator. The ceived for movement. Deputy Administrator,

Veterinary (n) Certificate. An official document Services, Animal and Plant Health In- issued by a Veterinary Services repre

sentative, spection Service, United States De

or

State representative, partment of Agriculture, or any other accredited veterinarian at the point of Veterinary Services official to whom origin of a shipment of domestic aniauthority has heretofore been delegat- mals which shows the official metal

dal relevante he Departat

CELLOS

vistence as

tes or de

le

d'art

Title 9—Animals and Animal Products

eartag, individual animal registered breed association registration tattoo, or individual animal registered breed association registration brand, or registration number or similar individual identification of each animal to be moved, the number of animals covered by the document, the purpose for which the animals are to be moved, the points of origin and destination, the consignor, and the consignee, and which states that the animal or animals identified on the certificate meets the requirements of 9 CFR Part 78 for interstate movement.

(0) Permit-(1) Permit (VS Form 127 or comparable state form). Except for the terms “permit for entry” and “S brand permit," a permit shall mean an official document issued by a Veterinary Services representative, State representative, or accredited veterinarian which is required to accompany “B” branded cattle and bison (or exposed animals moved under official seal). It shall list one of the following: the official metal eartag, individual animal registered breed association tattoo, USDA backtag (when applied serially, only the beginning and the ending numbers need be recorded), registered breed association registration number, or similar individual identification. It shall also list the reactor tag number, owner's name and address, origin and destination locations, number of animals covered, and the purpose of the movement. If a change in destination is desired or becomes necessary, a new permit must be obtained.

(2) Permit for entry. A premovement authorization for entry of cattle into a State from the animal health official of the State of destination. It may be oral or written.

(3) “S” Brand permit. Any document which is required to accompany ani

mals required to be moved to a quarantined feedlot, or to slaughter, or to an approved stockyard for sale for movement to slaughter. It must show the origin, the destination, the number of restricted cattle, the pur. pose of the movement, or one of the following: the official metal eartag, individual animal registered breed association tattoo, individual registered breed association registration number, USDA backtag (when applied serially, only the beginning and the ending number need be recorded), or similar individual identification. It shall be prepared at the point of origin. If it is prepared at a quaranteed feedlot, it shall be prepared by an accredited veterinarian, a representative of the State animal health official, or an official designated for that purpose by the State animal health official. If it is prepared at any other point of origin, it shall be prepared by an accredited veterinarian, or a representative of the State animal health official. The original shall accompany the animals and shall be delivered to the receiving agent at destination.

(p) Official test. (1) Classification of cattle and bison.

(i) Card test. Card test results are classified as either negative or positive. The card test is to be used as an official test to classify animals as reactors in livestock markets within & State when the State animal health official specifically designates the card test as the official test in livestock markets in his State. Moderate to marked clumping agglutination reaction will be considered a positive reaction.

(ii) Standard tube test (STT) OT standard plate test (SPT). The blood titers of animals tested by the STT or SPT methods are classified by use of the following: