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Title 9—Animals and Animal Products Sople (c) Each person who causes the EDITORIAL NOTE: For nomenclature movement of the swine interstate is re

changes, see 36 FR 24928, Dec. 24, 1971. sponsible for the identification of the animals as required by this section. No

8 79.1 Definitions.

IN GE such person shall remove or tamper

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As used in this part, the following with or cause the removal of or tam- terms shall have the meanings set pering with an identification tattoo or forth in this section. approved swine identification tago required in this section for interstate

(a) Veterinary Services. The term

“Veterinary Services” means the Vetmovement of swine, except at the time of slaughter, or as may be authorized

erinary Services unit of the Animal

hroug by the Deputy Administrator, Veteri

and Plant Health Inspection Service of

Shee nary Services, upon request in specific

the United States Department of Agricases and under such conditions as he

culture. may impose to insure continuing iden

(b) Deputy Administrator, Veteri

guara tification.

nary Services. The term “Deputy Ad

ministrator, Veterinary Services" 8 78.31 Other movements.

means the Deputy Administrator, Vet

erinary Services or any other official The Deputy Administrator, Veterinary Services, may upon request, in

of Veterinary Services to whom auspecific cases, permit the interstate

thority has heretofore been delegated movement not otherwise provided for

or may hereafter be delegated to act

in his stead. in this subpart of swine under such conditions as he may prescribe in each

(c) Veterinary Services inspector. case to prevent the spread of brucello

The term “Veterinary Services inspecsis. The Deputy Administrator, Veteri

tor” means an inspector of the Veterinary Services, will promptly notify the

nary Services. appropriate livestock sanitary official

(d) Person. The term “person" of the States involved of any such

means any person, company or corpo. action.

ration.

(e) Moved. The term “moved" means PART 79—SCRAPIE IN SHEEP

transported, shipped, delivered or re

ceived for transportation, driven on Sec.

foot or caused to be driven on foot, by 79.1 Definitions.

any person. 79.2 Notice of quarantine.

(f) State. Any State, Territory, the 79.3 General restriction.

District of Columbia, or Puerto Rico. 79.4 Movement of sheep from and through

(g) Interstate. From one State into a quarantined area.

or through any other State. 79.5 Disinfection of facilities.

[28 FR 5960, June 13, 1963, as amended at AUTHORITY: Secs. 4-7, 23 Stat. 32, secs. 1,

29 FR 14490, Oct. 22, 1964) 2, 32 Stat. 791, secs. 1-4, 33 Stat. 1264; 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126.

8 79.2 Notice of quarantine. SOURCE: 28 FR 5960, June 13, 1963, unless otherwise noted.

(a) Notice is hereby given that the contagion or vectors of scrapie, & con:

tagious, infectious and communicable place of business for at least one year and be made available for inspection during or

disease, exist in the following areas or dinary business hours upon request by a

that sheep affected with scrapie exist Veterinary Services or State inspector. It is

in the following areas, and, therefore, further requested that the official inspec

the following areas are hereby quaran. tion certificate or other document required

tined because of said disease: by this section to accompany certain swine

(1) [Reserved] interstate be maintained on file at the farm or other place of business of the consignee

(Sec. 4-7, 23 Stat. 32, as amended; secs. 1 for at least one year and be made available

and 2, 32 Stat. 791-792, as amended; secs. 1for inspection during ordinary business

4, 33 Stat. 1264, 1265, as amended; secs. 3 hours upon request by a Veterinary Services

and 11, 76 Stat. 130, 132 (21 U.S.C. 111-113, or State inspector.

115, 117, 120, 121, 123-126, 134b, 134f); 37

FR 28464, 28477; 38 FR 19141)

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Veterinary uity Adminit 5 or any other Services to di

NOTE hr ? [45 FR 6083, Jan. 25, 1980, as amended at 47 oughly cleaned and disinfected imme- 36 PR 249%. DRL FR 42719, Sept. 29, 1982]

diately after each such use. Sodium

hydroxide (Lye) prepared in a fresh bitions . $79.3 General restriction.

solution in the proportion of not less En this part , tri No sheep shall be moved interstate

than 1 pound avoirdupois of sodium have the ws from or through any quarantined area hydroxide of not less than 95 percent section

except as provided in the regulations purity to 6 gallons of water, or one rary Services a in this part.

1342-ounce can to 5 gallons of water, Services" mels

shall be used in such disinfection. 8 79.4 Movement of sheep from and ices unit of the through a quarantined area.

[36 FR 10844, June 4, 1971) alth Inspectati ates Departa

(a) Sheep that have been directly exposed to scrapie may be moved inter

PART 80—PARATUBERCULOSIS IN state for immediate slaughter from

DOMESTIC ANIMALS Administrator

any quarantined area under conditions The term "Die

prescribed in advance by a Veterinary Sec.
Services inspector in each instance, to

80.1 Definitions.
an establishment approved for that

80.2 Notice relating to existence of paratupurpose by the Deputy Administrator,

berculosis. Veterinary Services, if such sheep are

80.3 General restrictions. Profore bere not infected with scrapie at the time

80.4 Movement of paratuberculosis reac-r be delegation of such movement.

tors.

80.5 Reshipment of purebred paratubercu(b) Sheep of flocks in a quarantined losis reactors.

area which upon inspection are found 80.6 Marking of records. nary Semest not to show evidence of being infected 80.7 Cleaning and disinfecting vehicles. pector of this with scrapie, and insofar as can be de- 80.8 Segregation of paratuberculosis reactermined have not been exposed there

tors en route interstate. the term 7 to, may be moved interstate for any

80.9 Certificates pertaining to movement purpose. Such inspection shall be

of animals. made by a Veterinary Services inspec

AUTHORITY: Secs. 4-7, 23 Stat. 32, as rm "moreche tor and sheep so moved shall be ac

amended, secs. 1, 2, 32 Stat. 791, as amendd, delivered companied by a certificate from such

ed, 792, as amended, sec. 3, 33 Stat. 1265, as tation , la inspector showing that the sheep are

amended, sec. 13, 65 Stat. 693; 21 U.S.C. 111driven online free from scrapie and other contagious

113, 114a-1, 115, 117, 120, 121, 125, unless or communicable diseases and insofar

otherwise noted.

SOURCE: 28 FR 5961, June 13, 1963, unless Se, Teriam as can be determined such sheep have

otherwise noted. Or Puerto de not been exposed to scrapie or other

EDITORIAL NOTE: For zone Sala contagious or communicable diseases.

nomenclature (c) The Deputy Administrator, Vet- changes, see 36 FR 24928, Dec. 24, 1971. erinary Services may authorize the movement of sheep not infected with

8 80.1 Definitions. scrapie which is not otherwise author

As used in this part, the following ized by this section under such condi

terms shall have the meanings set tions as he may prescribe to prevent

forth in this section except as othergiren lan the spread of scrapie.

wise clearly indicated.
(d) Sheep may be moved in direct
transit between points outside the

(a) Paratuberculosis. The infectious

and communicable disease of domestic quarantined area through any such quarantined area without restriction

animals commonly known as Johne's disease and paratuberculosis.

Services it

companie

State.

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8 79.5 Disinfection of facilities.

Railroad cars, trucks, boats, aircraft and other means of conveyance, and all other facilities, including facilities for feeding, watering, and resting sheep, which are used in connection with the interstate movement of sheep from a quarantined area shall be thor

· Due to the extremely caustic nature of sodium hydroxide solution, precautionary measures such as the wearing of rubber gloves, boots, raincoat, and goggles should be observed. An acid solution such as vinegar should be kept readily available in case any of the sodium hydroxide solution should come in contact with the body.

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(b) State. Any State, Territory, the District of Columbia, or Puerto Rico.

(c) Interstate. From one State into or through any other State.

(d) Person. Any person, company, or corporation.

(e) Moved. Shipped, transported or otherwise moved, or delivered or received for movement, by any person.

(f) (Reserved) (g) Federal inspector. An inspector of the Animal and Plant Health Inspection Service, United States Department of Agriculture, responsible for the performance of the function involved.

(h) State inspector. An inspector regularly employed in livestock sanitary work of a State or political subdivision thereof, and who is authorized by such State or political subdivision to perform the function involved.

(i) Accredited veterinarian. A veterinarian approved by the United States Department of Agriculture to perform the function involved.

(j) Specifically approved stockyard. A stockyard specifically approved with respect to brucellosis reactors pursuant to $ 78.16(b) of this subchapter. [28 FR 5961, June 13, 1963, as amended at 29 FR 14490, Oct. 22, 1964; 38 FR 18012, July 6, 1973)

ing under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), or a slaughtering establishment specifically approved with respect to brucellosis reactors pursuant to $ 78.16(b) of this subchapter, or to a specifically approved stockyard for sale to such a slaughtering establishment, in accordance with the following requirements;

(a) Cattle which have reacted to putine
such a test shall be marked for identib
fication by branding the letter “T” on
the left jaw in letters not less than 2 The
nor more than 3 inches high, and at of
taching to the left ear a metal tag line
bearing a serial number and the in-pointer
scription “U. S. B. A. I. Reacted," or Ascię
“U.S. Reacted,” or a similar State re-
actor tag. Such a metal tag, affixed to
the left ear, shall be sufficient identified tre
cation for reactors other than cattle.

(b) The reactors shall be accompa.
nied to destination, in accordance with
$ 80.9, by a certificate issued by a Fed.
eral or State inspector or an accred.
ited veterinarian showing: (1) That
the animals have reacted to a test rec-
ognized by the Secretary of Agricul-
ture for paratuberculosis; (2) the reac-
tor tag number of each animal and the
name of the owner of such animal
when it was tested for paratuberculo-
sis; (3) that the animals may be moved
interstate; (4) the destination to which
they are to be moved; and (5) the pur-
pose for which they are moved.
[28 FR 5961, June 13, 1963, as amended at
38 FR 18012, July 6, 1973)
8 80.5 Reshipment of purebred paratuber-

culosis reactors.
Purebred animals which have been
moved interstate for breeding pure
poses, and which, subsequent to such
movement, have reacted to a test reço
ognized by the Secretary of Agricul-
ture for paratuberculosis, may be re-
shipped interstate under this part for
purposes other

than
slaughter in accordance with the re-
quirements set forth in paragraphs (a)
and (b) of $ 80.4 and with the follow-
ing additional requirements:

(a) The reactors shall be returned to
the point of origin, consigned to the
original owner.

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80.2 Notice relating to existence of para

tuberculosis. On June 5, 1952, the Secretary of Agriculture issued a notice that the contagion of paratuberculosis exists in domestic animals in Puerto Rico and in each State of the Continental United States except Arizona, Maine, New Hampshire, Rhode Island, Utah, and Wyoming (17 FR 5260).

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8 80.3 General restrictions.

Domestic animals affected with paratuberculosis may not be moved interstate except in compliance with the regulations in this part. $ 80.4 Movement of paratuberculosis reac

tors. Domestic animals which have reacted to a test recognized by the Secretary of Agriculture for paratuberculosis may be moved interstate under this part for immediate slaughter direct to a slaughtering establishment operat

immediate

Chapter 1-Animal and Plant Health Inspection Service

$ 80.9

the provision

(b) Test charts for the original test nspection Art and any subsequent retest, showing

a slapto that such tests were properly conductifically agreed, shall be submitted for examination Tucellosis maz to the person who issues the certifiof this sutin cate required by $ 80.4(b). approved si (c) The reactors shall not be shipped a slaugmers: to any State without specific provision Drdance withiri by the appropriate livestock sanitary

official thereof for the segregation or which heres quarantine of such reactors until their zall be marti: death by slaughter or from natural

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(b) Each railroad car, boat, truck, or other vehicle, from which paratuberculosis reactors moved interstate are transferred en route to destination, shall be cleaned and disinfected, by the transportation agency delivering the vehicle to such point of transfer, under the supervision of a Federal or State inspector or an accredited veterinarian, immediately after unloading of the animals and before being moved from such point of transfer, in accordance with the provisions of $$ 71.6, 71.7, 71.10, and 71.11 of this subchapter: Provided, however, That if such supervision or proper cleaning and disinfection facilities are not avail. able at such point of transfer, upon having first secured permission from Veterinary Services, the vehicle may be forwarded empty to a point at which such supervision and facilities are available and there be cleaned and disinfected.

(d) The reactors, after return to the 3 inche le point of origin, shall not again be e leit en is moved interstate except for immediate

slaughter in accordance with the provisions of $ 80.4.

al number 5. B. A. I PAS

' or a simas

a metal tegi ll be sufficient s other ther's Ons shall be

on, in according icate sunt pector of a

showing reacted tone ecretary a

8 80.6 Marking of records.

Each transportation agency moving paratuberculosis reactors in the course of their interstate movement shall plainly write or stamp upon the face of each waybill, conductor's manifest, switch order, vehicle interchange record, and similar record, which it prepares in connection with such movement, the words “Paratuberculo

sis Reactors" and a statement to the culosis de effect that the railroad car, boat, each anii truck or vehicle, in which the animals

are transported is to be cleaned and for persoane disinfected.

(23 Stat. 31, 33; 41 Stat. 699; sec. 2, 65 Stat. 693; sec. 3, 32 Stat. 791, 792; secs. 1, 2, and 4, 33 Stat. 1264; secs. 3, and 11, 76 Stat. 130 and 132; 21 U.S.C. 116, 122-4, 126, 134b, 134f) [28 FR 5961, June 13, 1963, as amended at 36 FR 24112, Dec. 21, 1971)

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8 80.8 Segregation of paratuberculosis re

actors en route interstate. Paratuberculosis reactors shall not be moved interstate in a railroad car, boat, truck, or other vehicle, containing healthy animals susceptible to paratuberculosis unless all of the animals are for immediate slaughter, or unless the reactors are kept separate from the other animals by a partition securely affixed to the sides of the vehicle.

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$ 80.7 Cleaning and disinfecting vehicles.

(a) Each railroad car, boat, truck, or other vehicle, in which paratuberculosis reactors are transported interstate shall be cleaned and disinfected in accordance with the provisions

of $871.6, 71.7, 71.10, and 71.11 of this subchapter: Provided, however, That such vehicles may be cleaned and disinfected under the supervision of a Federal or State inspector or

an accredited veterinarian: And provided, d to use further, That if such supervision or

proper cleaning and disinfection facilities are not available at the point where the animals are unloaded, upon permission first secured from the Veterinary Services unit of the Animal and Plant Health Inspection Service, United States Department of Agriculture, the vehicle may be forwarded empty to a point at which such supervision and facilities are available and there be cleaned and disinfected.

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8 80.9 Certificates pertaining to movement

of animals. (a) Whenever the regulations in this part require a certificate in connection with the movement of animals and the animals are moved by a transportation agency issuing waybills or other forms of billing covering the movement, the certificate shall be delivered to such transportation agency by the shipper at the time the animals are delivered for shipment; shall become the property of the transportation agency; shall

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1-4, 33 Stat. 1264, 1265; 41 Stat. 699; sec. 2, 65 Stat. 693; secs. 3 and 11, 76 Stat. 129, 130 and 132; 76 Stat. 663, 7 U.S.C. 450, 21 U.S.C. 111-113, 114a-1, 115-117, 119-126, 130, 134a, 134b, 134d, 134f; 7 CFR 1.27, 2.51, and 371.2(d), unless otherwise noted.

SOURCE: 48 FR 52424, Nov. 17, 1983, unless otherwise noted.

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be attached to the billing by the transportation agency; shall accompany such billing to the destination of the animals; and shall be filed with such billing for future reference.

(b) Whenever the regulations in this part require a certificate in connection with the movement of animals and the animals are moved by a transportation agency not issuing waybills or other forms of billing, or moved by any other means, the certificate shall accompany the animals to their destination and be delivered to the consignee, or, in case the consignor and consignee are the same person, to the first person purchasing during or after such movement, or to the person to whom the animals are delivered.

Subpart A-Definitions

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PART 81-HIGHLY PATHOGENIC

AVIAN INFLUENZA

Subpart A-Definitions

Sec.
81.1 Definitions.

Subpart B-General Provisions

81.2 Interstate movement of infected or ex

posed live poultry or materials.
81.3 Contaminated means of conveyance,

premises, containers, and other accesso-
ries; not to be used for interstate move-
ment of poultry until cleaned and disin-
fected.

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Subpart C-Quarantined Area Provisions 81.4 Quarantined areas. 81.5 Prohibited articles. 81.6 Restricted articles. 81.7 Permits for movement of restricted ar

ticles. 81.8 Movement by United States Depart

ment of Agriculture for diagnostic or ex

perimental purposes; other movements. 81.9 (Reserved]

8 81.1 Definitions.

The following terms shall be construed respectively to mean:

Clinical evidence. Evidence, such as decreased feed and water consumption, depression, unusual movements or positions, increased mortality, hemorrhage beneath the skin on the lower legs and feet, severe decrease in egg production; post mortem lesions; and history of the disease occurrence in

som the flock.

Deputy Administrator. The Deputy Administrator, Veterinary Services, or any other official to whom authority to has heretofore been delegated or may hereafter be delegated to act in the land Deputy Administrator's stead.

Director of the Task Force. The vet-200 erinary official of Veterinary Services inte designated by the Deputy Administrator to supervise and perform the disease control and eradication work of the Task Force.

Exposed poultry. Poultry which, through the

movement of poultry, individuals, feed, or other vectors has been determined by a Federal or State inspector to have had contact, directly or indirectly, with highly pathogenic avian influenza.

Federal inspector. An inspector of the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, or the Food Safety and Inspection Service, United States De. partment of Agriculture, responsible for the performance of the function involved.

Highly pathogenic avian influenza. A disease of poultry caused by any influenza virus Type A that results in not less than 75 percent mortality within 8 days in at least 8 healthy susceptible chickens, 4-8 weeks old, inocu. lated by the intramuscular, intrave. nous, or caudal airsac route with bac

teria-free infectious allantoic or cell

Subpart D-Extraordinary Emergency

Provisions

81.10 Determination of extraordinary

emergency; related determinations. 81.11 Inspections and seizures. 81.12 Disposal. 81.13 Cleaning and disinfecting require

ments. 81.14 Appraisal. 81.15 Payment.

AUTHORITY: Sec. 2, 2? Stat. 31, as amended; secs. 4-8, 23 Stat. 31-33, as amended; secs. 1-3, 32 Stat. 791, 792, as amended; secs.

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