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PA Bulletin, Doc. No. 05-93

NOTICES

DEPARTMENT OF AGRICULTURE

Temporary Order Designating Dangerous Transmissible Diseases

[35 Pa.B. 372]

   The Department of Agriculture (Department) hereby issues a temporary order designating West Nile Encephalitis (WNE), Chronic Wasting Disease (CWD) and Spring Viremia of Carp (SVC) ''dangerous transmissible diseases.'' These designations are made under the authority of 3 Pa.C.S. §§ 2301--2389 (relating to Domestic Animal Law).

   This temporary order is the successor to a previous temporary order published at 34 Pa.B. 491 (January 24, 2004) that made the same dangerous transmissible disease designations. The previous temporary order took effect January 1, 2004, and expires as of January 1, 2005.

   Under 3 Pa.C.S. § 2327(a) (relating to disease surveillance and detection), the Department has authority to monitor the domestic animal population of this Commonwealth to determine the prevalence, incidence and location of transmissible diseases of animals. Under 3 Pa.C.S. § 2321(d) (relating to dangerous transmissible diseases), the Department has authority to declare a disease that has not been specifically identified in that statute as a ''dangerous transmissible disease'' to be a dangerous transmissible disease through issuance of a temporary order making that designation.

   WNE is a disease of public health significance. It also poses a threat to domestic animal health and to the economic well being of domestic animal industries--particularly the equine industry. Section 2322(c) of 3 Pa.C.S. (relating to neoplastic diseases, metabolic diseases and heritable diseases) requires the Department to proceed with the agreement of the Department of Health (Health) when it adds a disease of public health significance to the list of designated dangerous transmissible diseases. Both the Department and Health agreed upon adding WNE to the list of dangerous transmissible diseases and to the reissuance of this temporary order.

   WNE is an infection of the brain caused by the West Nile virus. Although West Nile virus has, in the past, been found most typically in Africa, Eastern Europe and West Asia, it was detected in the New York City area and in parts of New Jersey in 1999. It has spread across the United States since then. In mild cases of human disease, infection can cause fever, headache, body aches, skin rash and swollen lymph glands. In more severe cases, it can cause headache, high fever, neck stiffness, stupor, disorientation, coma, tremors, paralysis and occasional convulsions. In animals, horses and birds appear to be most susceptible to illness following infection, although reports of illness in other species are increasing.

   Humans and animals can acquire West Nile virus through a bite from a mosquito that has bitten an infected bird. The designation of WNE as a ''dangerous transmissible disease'' will facilitate the Department's surveillance of birds, horses and other animals for the presence of the West Nile virus or WNE. The designation will also help the Department in providing assistance to Health and other public health agencies in monitoring and treatment efforts.

   CWD is a disease of whitetail deer, elk and other cervids and is a member of the group of diseases known as transmissible spongiform encephalopathies (TSEs). Other more well-known TSEs are scrapie and bovine spongiform encephalopathy (BSE) or ''mad cow'' disease. All are thought to be caused by a protein that has converted to an abnormal infectious form known as a ''prion.'' There is some evidence, in the case of BSE, that humans may become infected through consumption of meat products containing central nervous system tissues, thus there is a significant public health interest concerning all TSEs.

   A number of states have, in recent years, instituted import regulations requiring that cervids entering those states: (1) originate from herds that are participating in a surveillance program; and (2) originate from states that have authority to take action in the event that CWD is diagnosed. The designation of CWD as a ''dangerous transmissible disease'' will facilitate the development and oversight of a surveillance program, and will help the Department react and take action in the event CWD is detected.

   SVC is caused by a ribonucleic acid virus known as Rhabdovirus carpio, and is considered an emerging disease in the United States. SVC poses a threat to both domestic fish health and wild fish health in this Commonwealth and has the potential to create a significant adverse economic impact on this Commonwealth's aquaculture industry.

   The SVC virus readily infects species of the Cyprinidae family (carp and minnows), and spreads through direct contact with infected fish and through shared infected water sources. Symptoms typically appear in the spring time as water temperatures increase. Symptoms in infected fish range from undetectable through mild disease to sudden massive die-off.

   There is no specific treatment for fish infected with SVC and no vaccine to prevent the disease. Once natural water resources become infected, SVC may be impossible to eradicate and may pose a permanent threat to aquaculture facilities utilizing those water sources.

Order

   The Department hereby designates WNE, CWD and SVC ''dangerous transmissible diseases'' under 3 Pa.C.S. § 2321(d). This order supplants any previous temporary order making a designation.

   This order shall take effect as of January 1, 2005, and shall remain in effect until no later than January 1, 2006. This Department may: (1) reissue this temporary order to extend the designation beyond January 1, 2006; (2) allow this temporary order to expire on January 1, 2006; (3) supplant this temporary order with a formal regulation; or (4) modify this temporary order.

   Questions regarding this temporary order may be directed to Paul Knepley, DVM, Director, Bureau of Animal Health and Diagnostic Services, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 772-2852.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 05-93. Filed for public inspection January 14, 2005, 9:00 a.m.]



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