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point in lën graph (b) of this section by federal in- Veterinary Services official to whom wird is interdein spectors during regularly assigned authority has been delegated or may

hours of duty shall be furnished with- be delegated to act in his stead. -stination of tez out cost.

(c) Veterinary Services. Veterinary

Services, Animal and Plant Health In[47 FR 11245, Mar. 16, 1982]

spection Service, United States DeEDITORIAL NOTE: At 47 FR 16773, Apr. 20,

partment of Agriculture. Eime and att 1982, § 82.6 was suspended until further

(d) Veterinary Services representanotice. per of the bird e

tive. A person employed by Veterinary ntifying legba't

Services, Animal and Plant Health InPART 85–PSEUDORABIES

spection Service, United States Depliance with a

partment of Agriculture, who is auSec. a) of this section

thorized to perform the function in85.1 Definitions. issued by a fize

volved. 85.2 Notice relating to the existence of the attacine bind contagion of pseudorabies.

(e) State animal health official. The signed and di 85.3 General restriction.

State animal health official who is reor for the 85.4 Interstate movement of livestock. sponsible for the livestock and poultry psittacine di 85.5 Interstate movement of infected swine disease control and eradication proor exposed swine.

grams in the official's State or his desmation of the 85.6 Interstate movement of pseudorabies ignated representative. vaccinate swine not known to be infect

(f) State representative. A person ed with or exposed to pseudorabies. 85.7 Interstate movement of swine not vac

regularly employed in animal health cinated for pseudorabies and not known

work of a State and who is authorized to be infected with or exposed to pseu

by such State to perform the function dorabies.

involved under a Cooperative Agreeovisions di 85.8 Other interstate movements.

ment with the United States Depart85.9 Interstate movement of swine semen ment of Agriculture. and swine embryos for insemination of

(g) Accredited veterinarian. A veteror implantation into swine. 85.10 Permits and certificates.

inarian approved by the Deputy Ad85.11 Maintenance of records.

ministrator in accordance with Part 85.12 Cleaning and disinfecting means of

161 of this Title to perform functions conveyance.

specified in Part 11 of Subchapter A, ported on 85.13 Cleaning and disinfecting livestock and Subchapters B, C, and D of this markets and other facilities.

Chapter, and to perform functions reAUTHORITY: Secs. 4-7, 23 Stat. 32,

quired by cooperative State-Federal amended; secs. 1 and 2, 32 Stat. 791-792, as

disease control and eradication prozs circummi amended; secs. 1-4, 33 Stat. 1264, 1265, as grams. amended; sec. 1, 75 Stat. 481; secs. 3 and 11,

(h) State. Any State or Territory of 76 Stat. 130, 132; (21 U.S.C. 111, 112, 113, 115, 117, 120, 121, 123-126, 134b, 134f; 37 FR

the United States, the District of Co28464, 28477; 38 FR 19141)).

lumbia, Puerto Rico, Guam or the

Northern Mariana Islands.
SOURCE: 44 FR 10309, Feb. 16, 1979, unless

(i) Interstate. From any State into or through any other State.

(j) Pseudorabies. The contagious, in

fectious, and communicable disease of For purposes of this part, the follow

livestock and other animals also (a) Administrator. The Administra

known as Aujeszky's disease, mad itch, tor of the Animal and Plant Health

or infectious bulbar paralysis. Inspection Service, United States De

(k) Herd. Any group of livestock partment of Agriculture, or any other

maintained on common ground for official of the Service to whom author

any purpose, or two or more groups of ity has been delegated or may be dele

livestock under common ownership or

supervision, geographically separated, (b) Deputy Administrator.

but which have an interchange or The

movement of animals without regard Services, Animal and Plant Health In

Veterinary

to whether the animals are infected spection Service, United States De

with or exposed to pseudorabies. partment of Agriculture, or any other

(1) Known infected herd. Any herd in which any livestock has been deter

pon a fino co or inte case or that

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mined to be infected with pseudora- following tests for the diagnosis of our hand bies by an official pseudorabies test or pseudorabies have been approved by six terdin diagnosed by a veterinarian as having the Deputy Administrator: 1. Microtis ile pseudorabies. A herd of livestock, tration Serum-Virus Neutralization other than swine, shall no longer be Test; 2. Virus Isolation and Identificaconsidered to be a known infected tion Test; 3. Fluorescent Antibody

und bree herd after 21 days since the last clini- Tissue Section Test.? State, Federal

, Musly cal case of the disease in the herd. A and University laboratories will be ap- 28 in herd of swine which has been released

2 market from pseudorabies quarantine in ac

proved by the Deputy Administrator

following the determination by him a suhu cordance with the following provisions shall no longer be classified as

that the laboratory: (1) Has personnel

wints of known infected herd: (1) All swine

trained at the Veterinary Services Di.

ator feedin positive to an official pseudorabies test

agnostic Laboratory, Ames, Iowa, as

ifruoront have been removed from the premises;

signed to supervise the test, (2) follows (2) all exposed swine which remain in

standard test protocol, (3) meets check the herd are subjected to an official

test proficiency requirements, and (4) ESTE DE pseudorabies

will report all test results to State and 2 con serological test and found negative 30 days or more after

Federal animal health officials. removal of swine positive to an official

(r) Moved. Shipped, transported, or pseudorabies test; and (3) no livestock

otherwise moved, or delivered or reon the premises have shown clinical

ceived for movement by land, water, or signs of pseudorabies after removal of

air. the positive swine; or, (4) all swine

(s) Recognized slaughtering estabhave been depopulated for 30 days and

lishment. A slaughtering establishthe herd premises have been cleaned

ment operated under the provisions of and disinfected in accordance with the

the Federal Meat Inspection Act (21 requirements in $ 85.13.

U.S.C. 601 et seq.) or a State inspected (m) Livestock. Swine, cattle, sheep

slaughtering establishment. or goats.

(t) Slaughter market. A livestock (n) Exposed livestock. Any livestock

market approved in accordance with that has been in contact with an

$ 76.18 (9 CFR 76.18), at which swine animal infected with pseudorabies, in

for sale and shipment for slaughter cluding all livestock in a known infect

are handled only on days when no ed herd; except that livestock, other than swine, that have not been ex

tions in this part are published in the FEDposed to a clinical case of the disease

ERAL REGISTER Notices Section. The lists are for a period of 21 consecutive days

also available upon request from Veterinary shall no longer be considered to be ex

Services, Animal and Plant Health Inspecposed livestock.

tion Service, U.S. Department of Agricul

. (0) Exposed swine. Any swine that

ture, Federal Building, 6505 Belcrest Road, has been in contact with an animal in

Hyattsville, MD 20782. fected with pseudorabies, including all

?Copies of the test protocols (Recom. swine in a known infected herd.

mended Minimum Standards for Diagnostic (p) Infected livestock. Any livestock

Tests Employed in the Diagnosis of Pseudetermined to be infected with pseu

dorabies (Aujeszky's Disease)) published as

a Veterinary Services Notice, May 17, 1978, dorabies by an official pseudorabies

are available upon request from Veterinary test, or diagnosed by a veterinarian as

Services, Animal and Plant Health Inspechaving pseudorabies.

tion Service, U.S. Department of Agricul

. (q) Official pseudorabies test. Any

ture, Federal Building, 6505 Belcrest Road, test for the diagnosis of pseudorabies

Hyattsville, MD 20782. approved by the Deputy Administra

'Before the Deputy Administrator withtor conducted in a laboratory ap

draws the approval of any laboratory, the proved by the Deputy Administrator

Director of such laboratory shall be given a

notice by the Deputy Administrator of the as listed in a Veterinary Services

proposed disapproval and the reasons thereNotice listing such laboratories. The

fore and such Director shall have an oppor

tunity to present his views thereon. In those Notices containing lists of laboratories

instances where there are conflicts as to the approved for the purposes of the regula

facts, a hearing shall be held to resolve such
conflicts.

the

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official transport delivered a y land, TE

swine are handled for sale and ship

ment for feeding or breeding purposes strator

: le unless facilities are provided to keep FIs Neri slaughter swine physically separated ion and itz from feeder and breeder swine, and Orescent de

feeder and breeder swine use no facili1. State , lui

ties previously used by slaughter swine Fatories rū on the day these classes of swine are

at the market. The facilities used by mination de

slaughter swine shall be cleaned and (1) Has part

disinfected in accordance with the requirements of this part before being used for feeding or breeding swine. 4 5

(u) Quarantined feedlot. A premises

where pseudorabies infected or exI, (3) met

posed swine are fed under the supervirements , a

sion and control of the State animal ults to Siz

health official, and from which such swine are moved directly to a recog. nized slaughtering establishment or directly through one or more slaughter markets and then directly to a recognized slaughtering establishment in accordance with the provisions of this part.

(v) Quarantined herd. A herd in which pseudorabies infected or

exposed swine are bred, reared, and fed under the supervision and control of the State animal health official, and from which such swine are moved interstate directly

to a recognized slaughtering establishment or directly through one or more slaughter markets and then directly to a recognized slaughtering establishment, or from which exposed officially vaccinated swine which were negative to an official pseudorabies test may be moved only to a quarantined herd or quaran

ghtering e

ring bestaan ne provisio pection State inge ent

(w) Feedlot. A premises where swine are fed physically separated from swine kept for breeding or other purposes and from which such swine are moved directly to a recognized slaughtering establishment or directly through one or more slaughter markets and then directly to recognized slaughtering establishment, quarantined herd, or quarantined feedlot.

(x) Farm of origin. A farm where the swine were born, or on which they have resided for at least 90 consecutive days immediately prior to the interstate shipment.

(y) Official pseudorabies vaccine. Any pseudorabies virus vaccine produced under license from the Secretary of Agriculture under the Virus, Serum and Toxin Act of March 4, 1913, and any legislation amendatory thereof (21 U.S.C. 151 et seq.).

(z) Official vaccinate. Any swine which have been: (1) Vaccinated with an official pseudorabies vaccine by an accredited veterinarian or a State or Federal veterinarian in accordance with recommendations on the vaccine label and the laws and regulations of the State in which the swine are vaccinated; (2) identified by a numbered pink eartag approved by the State in which such swine are vaccinated; 6 and (3) reported as official vaccinates at the time of vaccination to the State animal health official.

(aa) Pseudorabies vaccinate. Any swine that have been vaccinated with any product containing antigens for pseudorabies.

(bb) Permit. An official document issued for and prior to the interstate movement of pseudorabies infected, exposed or vaccinated swine under this part by a Veterinary Services representative, State representative, or an accredited veterinarian which states: (1) The number of swine to be moved; (2) the purpose for which the swine are to be moved; (3) the points of origin and destination; (4) the consignor and the consignee; and (5) any addi

cordane i t which i for slapis Jays whe

hed to the 1. The Tom Peter Health

ent of

Belanes

tined feedlot.

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*Notices containing lists of slaughter markets approved for the purposes of the regulations in this part are published in the FEDERAL REGISTER. Information concerning slaughter markets can be obtained from the Veterinarian in Charge, Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, for the State in question.

'Before the Deputy Administrator withdraws approval of any slaughter market, the owner of such slaughter market shall be given notice by the Deputy Administrator of the proposed withdrawal of approval and the reasons therefore and such owner shall have an opportunity to present his views thereon. In those instances where there are conflicts as to the facts, a hearing shall be held to resolve such conflicts.

Straten

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The numbered pink eartags are available commercially. Should any problem arise regarding the availability of such eartags, contact the appropriate State animal health of. ficial.

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Title 9—Animals and Animal Products tional information required by this negative. All swine over 6 months of part.

age in the herd shall be subjected to (cc) Certificate. An official document the official pseudorabies test each issued for and prior to the interstate year. However, no swine over 6 months movement of swine not known to be of age in the herd are to be tested infected with, exposed to or vaccinated twice in 1 year to comply with the 25 for pseudorabies under this part by a Veterinary Services representative, a

percent requirement. A minimum of 90 fine

percent of the swine must have been awezo State representative, or an accredited on the premises and part of the herd par rom a veterinarian which states: (1) The for at least 90 days prior to the quali cha number and description of the swine fying test or have entered directly to be moved; (2) that the swine to be from another qualified pseudorabies moved are not known to be infected negative herd. All additions to the with or exposed to pseudorabies and herd must test negative or two official are not pseudorabies vaccinates; (3) pseudorabies tests not less than 30 the purpose for which the swine are to days or more than 60 days apartamento do be moved; (4) the points of origin and

before being added to the herd or be destination; (5) the consignor and con

from another qualified pseudorabies signee; and (6) and additional informa- negative herd. tion required by this part.

(ff) Pseudorabies controlled vacci. (dd) Owner-shipper statement. A

nated herd. A herd of swine in which statement signed by the owner or ship

all of the swine over 6 months of age per of infected, exposed, or pseudorabies vaccinated swine for and prior to

are negative to an official pseudora paisha

bies test and are vaccinated for pseuan interstate shipment from a farm of origin direct to a recognized slaughter

dorabies within 15 days after such ing establishment or to a slaughter

test. The status of the herd is mainmarket which states: (1) The number

tained by an official pseudorabies test of the swine to be moved; (2) that the

of 25 percent of the offspring between swine are being moved for slaughter

16 and 20 weeks of age and finding all only; (3) the points of origin and desti

swine so tested negative. All additions nation; (4) the consignor and consign

to the herd must test negative to an ee; and (5) any additional information

official pseudorabies test, be vaccinatrequired by this part.

ed for pseudorabies within 15 days (ee) Qualified pseudorabies negative

after such test, and be added to the herd. Qualified pseudorabies negative

herd not more than 30 days after such herd status is attained by subjecting

test. Pseudorabies controlled vaccinatall swine over 6 months of age to an

ed herds that become positive can be official pseudorabies test and finding

reclassified as a pseudorables conall swine so tested negative. If any of

trolled vaccinated herd by (1) testing the swine so tested are positive, quali

of all swine over 6 months of age; (2) fied pseudorabies negative herd status

removal of all swine which are positive is attained by: (1) Removing all offical

to an official pseudorables test

; (3) pseudorabies test positive swine and

cleaning and disinfecting the herd cleaning and disinfecting the herd

premises in accordance with $85.13; premises in accordance with $ 85.13,

(4) retesting all swine over 6 months of (2) retesting all swine over 6 months of

age 30 days after removal of the swine age 30 days after removal of the offi

which are positive to an official pseu. cial pseudorabies test positive swine

dorabies test and finding all swine so and finding all swine so tested nega

tested negative; (5) retesting all swine tive, and (3) retesting all swine over 6

over 6 months of age 60 days after remonths of age 60 days after removal

moval of the swine which are positive of the official pseudorabies test posi

to an official pseudorabies test and tive swine and finding all swine so

finding all swine so tested negative; tested negative. The status of the herd

and (8) vaccinating all swine over 8 is maintained by an official pseudora

months of age for pseudorabies within bies test of 25 percent of the swine

15 days of the second negative test. over 6 months of age every 80-105

(88) Approved livestock market

. A days and finding all swine so tested

stockyard, livestock market, buying

station, concentration point or any

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nerd shall be

ries contrike

l'er 6 months

official n'accinatei ir

the hendes a) pseudora

1 swine or in other premises under State or Federal $ 85.3 General restriction. veterinary supervision where swine are

Livestock shall not be moved interpseudorabie i assembled for sale or sale purposes,

state except in compliance with the ET, NO STíce w and which has been approved by the

regulations in this part. e herd are tid Deputy Administrator under $ 76.18 (9 er to complti CFR 76.18). 7. 8

8 85.4 Interstate movement of livestock. (hh) Swine not known to be infected

(a) Livestock showing clinical evie swine met with or exposed to pseudorabies. Any

dence of pseudorabies shall not be es and part di swine from a herd of swine in which

moved interstate. days prior tut no animal has been classified as a reac

(b) Livestock that have been exhave enter'i tor to an official pseudorabies test, or qualified pract has been diagnosed as having pseudo

posed to an animal showing clinical All addition rabies or suspected of having pseudor

evidence of pseudorabies shall not be

moved interstate within 21 days of znegatire o ti abies by a veterinarian; or any swine

such exposure. ests not lasta from a herd of swine which has been than 20 y released from quarantine or has met

(c) Except as provided in paragraphs Ded to the let the requirements of release from quar

(a) and (b) of this section, livestock ualified pecinta antine in accordance with the provi

other than swine may be moved intersions of $ 85.1(1).

state without restriction under this (ii) Common ground. The ground,

part. ed of Student areas, buildings or equipment com

(d) Except as provided in paramunally shared by any specific group

graphs (a) and (b) of this section,

swine, swine semen, and swine emor groups of livestock.

bryos shall be moved interstate only in 6 days lt (Approved by the Office of Management compliance with the regulations in

and Budget under control number 0579- this part.

0069) e offspringen (44 FR 10309, Feb. 16, 1979; 44 FR 12159, 8 85.5 Interstate movement of infected age and finis Mar. 6, 1979, as amended at 48 FR 57472, swine or exposed swine. Dec. 30, 1983)

Infected swine or exposed swine, 8 85.2 Notice relating to the existence of

other than swine described in $ 85.4 the contagion of pseudorabies.

(a) or (b), shall only be moved inter

state in accordance with the following Notice is hereby given that there is

provisions: reason to believe that the contagion of

(a) Movement of infected or exposed pseudorabies may exist in each State

swine for slaughter. Infected or exand that to prevent the spread and dissemination of the contagion there

posed swine shall be moved interstate of, and to protect the livestock of the

for slaughter only if: United States, the regulations in this

(1) The swine are moved directly to part are promulgated.

a recognized slaughtering establishment or directly through one or more

slaughter markets and then directly to 'Notices containing lists of such approved livestock markets are published in the FED

a recognized slaughtering establishERAL REGISTER. Information concerning live

ment; stock markets can be obtained from the Vet

(2) The swine are accompanied by a erinarian in Charge, Veterinary Services, permit or owner-shipper statement Animal and Plant Health Inspection Serv- and such permit or owner-shipper ice, United States Department of Agricul- statement is delivered to the conture for the State in question. 'Before the Deputy Administrator with

signee; draws approval of any livestock market, the

(3) The permit, in addition to the inowner of such livestock market shall be formation described in g 85.1(bb), or given notice by the Deputy Administrator of the owner-shipper statement, in addithe proposed withdrawal of approval and tion to the information described in the reasons therefor and such owner shall have an opportunity to present his views

8 85.1(dd), lists the identification tag, thereon. In those instances where there are

tattoo, earnotch recognized by a breed conflicts as to the facts, a hearing shall be

association, or similar identification of held to resolve such conflicts.

each animal being moved: and

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