PROPOSED RULEMAKING
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CHS. 3, 5 AND 7--9]
Tuberculosis and Brucellosis Testing and Documentation Requirements for Cattle, Goats and Bison
[26 Pa.B. 3837] The Department of Agriculture (Department) proposes to amend Chapters 3, 5 and 7--9. The purpose of this proposal is to relieve this Commonwealth's animal production industry of unnecessary test requirements restricting the transportation and marketing of cattle, bison and goats, and the products of these animals.
Section 1702 of The Administrative Code of 1929 (71 P. S. § 442) makes it the duty of the Department to take measures to prevent, control and eradicate diseases of animals. Sections 2, 3 and 9 of the act of April 17, 1929 (P. L. 533, No. 236) (3 P. S. §§ 342, 343 and 349) require the Department to identify dangerous transmissible diseases of animals, authorize the Department to establish and enforce quarantines, prevent or otherwise restrict the transportation of suspect animals into or within this Commonwealth and empower the Department to regulate in this area, respectively. The foregoing comprises the statutory authority upon which these proposed amendments are founded.
Tuberculosis and brucellosis are dangerous transmissible diseases of cattle, bison and goats and are also communicable to humans. In recent years, incidents of tuberculosis or brucellosis infection in cattle, bison and goats have become increasingly infrequent in the United States. These diseases are currently not known to be present in 36 states, including this Commonwealth.
The proposal is consistent with a Nationwide trend toward loosening tuberculosis and brucellosis testing requirements with respect to the intrastate and interstate movement of cattle, bison and goats. The proposed amendments will revise current authority by deleting the requirement that cattle, bison and goats be tested for tuberculosis and brucellosis as a condition of intrastate movement.
The proposal would also amend § 9.34 (relating to milk for human or animal consumption) to delete the requirement that pasteurized milk for human or animal consumption originate from a herd that has been tuberculin tested within 5 years. This requirement was unnecessary in light of the fact that pasteurization would kill any tuberculosis virus present in milk. Raw (that is, unpasteurized) milk for human or animal consumption, though, would have to originate from a herd that was tuberculin tested within the previous year. If brucellosis or tuberculosis recurs, restrictions will be imposed on the disposition of animals and products (milk and meat) originating from exposed herds.
The Department believes the proposal to be a reasonable response to the decreased risk posed by tuberculosis and brucellosis. To the extent that some risk--however slight--still exists, the Department is satisfied that its ongoing disease monitoring efforts and Federal requirements with respect to the interstate shipment of cattle, bison and goats are adequate to detect, isolate and eradicate any outbreaks of tuberculosis or brucellosis in these animals.
This proposal would decrease brucellosis and tuberculosis testing costs for cattle, bison and goat producers. It would also allow the Department to more efficiently direct its resources toward those diseases which pose a greater threat to this Commonwealth's human and animal populations. These diseases include pseudorabies, rabies, pullorum, influenza and others. In addition, the Department and the United States Department of Agriculture (USDA) must maintain surveillance and emergency preparedness with respect to numerous foreign animal diseases which, although not currently found in this Commonwealth or the rest of the United States, pose a real and constant threat. The proposal would free manpower and financial resources and allow the Department to provide surveillance and response that is more proportional to the various threats to animal and human health posed by transmissible diseases of animals, while decreasing testing expenses and paperwork requirements for this Commonwealth's cattle, bison and goat producers.
The Department believes the proposed amendments address a compelling public interest (that is, the identification, containment and eradication of dangerous transmissible diseases of animals at minimal cost and inconvenience to this Commonwealth's animal producers), and are otherwise consistent with Executive Order 1996-1, ''Regulatory Review and Promulgation.''
Fiscal Impact
Commonwealth The proposed amendments will impose no costs and have no fiscal impact upon the Commonwealth, other than to free financial resources to be redirected as necessary to address the identification, containment and eradication of other dangerous transmissible diseases of animals in this Commonwealth.
Political Subdivisions The proposed amendments will impose no costs and have no fiscal impact upon political subdivisions.
Private Sector The proposed amendments will decrease costs and paperwork requirements previously imposed upon the private sector. In particular, producers of cattle, bison and goats within this Commonwealth would be relieved of the cost of testing animals for tuberculosis or brucellosis prior to intrastate shipment. These costs are not readily measurable.
General Public The proposed amendments will impose no costs and have no fiscal impact upon the general public.
Paperwork Requirements
The proposed amendments will not result in an appreciable increase in paperwork.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed amendments on July 31, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs. In addition to the proposed amendments, the Department provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations,'' and Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If IRRC has an objection to any portion of the proposed amendments, it must notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the proposed amendments, by the Department, the General Assembly and the Governor of the objections raised.
Contact Person
Interested persons are invited to submit written comments regarding the proposed amendments within 30 days following publication in the Pennsylvania Bulletin. Comments are to be submitted to the Department of Agriculture, Bureau of Animal Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attention: Phillip DeBok, D.V.M.
Effective Date
The proposed amendments will become effective upon final adoption.
CHARLES C. BROSIUS,
SecretaryFiscal Note: 2-106. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART I. BUREAU OF ANIMAL INDUSTRY
CHAPTER 3. HEALTH REQUIREMENTS FOR IMPORTATION AND INTRASTATE TRANSPORTATION OF ANIMALS
Subchapter A. GENERAL PROVISIONS § 3.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Hazardous substance--A substance, including chemicals, toxins and biologicals, which threatens the health of domestic animals or humans.
* * * * * Permit--A document issued by the Department [of] or USDA-APHIS authorizing and establishing conditions under which a quarantined or diseased animal may be moved interstate or intrastate.
* * * * *
Subchapter I. INTRASTATE TRANSPORTATION OF CATTLE, GOATS AND BUFFALO § 3.151. General provisions.
(a) Identification required. Cattle, goats and buffalo [, except feeder steers, spayed heifers and those for immediate slaughter,] transported within this Commonwealth [for addition to herds in this Commonwealth shall be accompanied by a Pennsylvania health certificate indicating compliance with the health requirements of this subchapter and Subchapter A (relating to general provisions)] described in subsections (b) and (c) shall be identified by an official eartag or other unique identification device approved and recorded by the Department.
(b) [A Pennsylvania health certificate shall conform with the following:
(1) Cattle, goats and buffalo shall be identified on the health certificate by an eartag. Eartags from other states will be accepted.
(2) Tuberculosis deviators may not be sold but animals tested negative may be sold. Tuberculosis suspects will prohibit the sale of any member of the herd and the herd will be placed under quarantine. Deviators should be retested and suspects shall be retested after 60 days from previous tuberculin test or retested with a comparative cervical test within 10 days of previous injection date. If the tuberculosis suspect is slaughtered and no gross lesions are found on post mortem the herd shall be retested and negative 60 days after previous test before health charts may be issued.
(3) Brucellosis hemolyzed, broken, insufficient serum samples and brucellosis suspects may not be sold but other animals that were tested with negative results may be sold for a period of 60 days after which the suspect shall be retested before charts can be renewed for any member of the herd. If the suspect is no longer in the herd then the entire herd shall be retested and negative before health charts may be issued.
(4) Animals originating from herds that do not qualify for certified or accredited herd status will have area plan status.]
Diseased or contaminated animals. Cattle, goats and buffalo affected with or exposed to diseases or disease agents determined by the Department to be dangerous and transmissible or hazardous to animal or human health shall, when transported within this Commonwealth, be accompanied by a permit issued by the Department.
(c) Animals for exhibition. Cattle, goats and buffalo transported within this Commonwealth for exhibition purposes shall meet the applicable requirements of Chapters 3, 5 and 7--9.
§§ 3.152--3.158 (Reserved).
(Editor's Note: The Department is proposing to delete the current versions of §§ 3.152--3.158 as they currently appear in the Pennsylvania Code at pages 3-33--3-36 (serial pages (160895)--(160898)).)
CHAPTER 5. ANIMAL MARKETS
Subchapter A. GENERAL PROVISIONS § 5.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Permit--A document issued by the Department or USDA-APHIS authorizing and establishing conditions under which a quarantined or diseased animal may be moved interstate or intrastate.
* * * * *
Subchapter D. BREEDING ANIMALS § 5.45. Checking of health certificates.
[(a)] Checking of health certificates of animals presented at the animal market is the responsibility of the management of the market and Department personnel.
[(b) Dairy and breeding animals unloaded at an animal market not accompanied by an approved health certificate may not be sold for dairy or breeding purposes and shall be sold for slaughter only or returned to the owner.]
Chapter 7. BRUCELLOSIS REGULATIONS
Subchapter F. CERTIFIED BRUCELLOSIS-FREE AREA § 7.53. [Herd additions] (Reserved).
[Cattle may be moved in herds in certified brucellosis-free counties from other certified brucellosis-free counties if they come from individual plan certified herds, or if they come from herds in certified brucellosis-free areas which have been negative to a blood test within 1 year whether tested by the milk ring test or not, the individual animal to be moved shall be negative to a blood test within 30 days prior to movement and must be accompanied by an official health certificate. Additions shall meet the requirements in Chapter 3 Subchapters B and I (relating to importation of cattle, goats and buffalo; and intrastate transportation of cattle, goats and buffalo).]
CHAPTER 8. APPRAISAL AND INDEMNITY FOR DISEASED ANIMALS
Subchapter C. PROVISIONS FOR PAYMENT OF INDEMNITY § 8.26. Animals purchased without health certificates.
Animals purchased without approved health certificates required under this title that [became] become diseased and must be condemned are not eligible for indemnity.
CHAPTER 9. CONTROL AND ERADICATION OF TUBERCULOSIS OF LIVESTOCK
Subchapter A. GENERAL PROVISIONS § 9.5. Animals to be tested (cattle, goats and buffalo).
* * * * * (b) [Area plan--test animals over 24 months of age.
(c)] Other tests--test animals regardless of age.
§ 9.6. Animals not to be tested.
Retests of tuberculin response [animals] cattle, goats and buffalo may not be conducted for 60 days following [previous] the last test because of desensitization. The exception is the retest of response animals by the comparative cervical test which can be done within 10 days of the previous caudal test by approved regulatory veterinarians only [and if]. If over 10 days, then the comparative cervical test shall be conducted after 60 days.
Subchapter C. RETESTING OF HERDS DISCLOSING REACTORS § 9.34. [Milk] Raw milk for human or animal consumption.
[(a)] The sale of raw milk for human or animal consumption is prohibited unless the herd--that is, all animals that have freshened or are over 24 months of age--has been tuberculin-tested within [5 years or within the time stipulated by the current rules of the area plan] 1 year.
[(b) Herds from which milk is sold under a raw milk permit shall be tested annually under the individual herd plan by an accredited veterinarian.]
[Pa.B. Doc. No. 96-1298. Filed for public inspection August 9, 1996, 9:00 a.m.]
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