RULES AND REGULATIONS
Title 7--AGRICULTURE
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CHS. 3, 5 AND 7--9]
Tuberculosis and Brucellosis Testing and Documentation Requirements for Cattle, Goats and Bison
[27 Pa.B. 1791] The Department of Agriculture (Department) amends Chapters 3, 5 and 7--9 to relieve this Commonwealth's animal production industry of unnecessary test requirements restricting the intrastate transportation and marketing of cattle, goats and bison, 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. The proposed version of these amendments was published at 26 Pa.B. 3837 (August 10, 1996), and cited sections 2, 3 and 9 of the act of April 17, 1929 (P. L. 533, No. 236)(3 P. S. §§ 342, 343 and 349) as statutory authority. Those statutory provisions were repealed by section 2 of the act of July 11, 1996 (P. L. 561, No. 100) which created 3 Pa.C.S. §§ 2301--2389 (relating to Domestic Animal Law) (act). The act became effective on September 9, 1996. The act: (1) requires the Depart- ment to monitor this Commonwealth's domestic animal population for the presence of transmissible diseases of animals, 3 Pa.C.S. § 2327 (relating to disease surveillance and detection); (2) identifies tuberculosis and brucellosis as dangerous transmissible diseases, 3 Pa.C.S. § 2321(a)(12) and (38) (relating to dangerous transmissible disease); (3) authorizes the Department to establish and enforce quarantines, prevent or otherwise restrict the transportation of suspect animals into or within this Commonwealth, 3 Pa.C.S. § 2329 (relating to quarantine); and (4) empowers the Department to regulate in this area, 3 Pa.C.S. § 2382 (relating to regulations). The foregoing comprises the statutory authority for these amendments.
Tuberculosis and brucellosis are dangerous transmissible diseases of cattle, goats and bison and are also communicable to humans. The loosening of restrictions and requirements for the intrastate transportation of cattle, goats and bison is justified by the decreased risk posed by these diseases. In recent years, incidents of tuberculosis or brucellosis in cattle have become increasingly infrequent. The Department is satisfied that its ongoing disease monitoring efforts and the Federal requirements with respect to the interstate shipment of cattle, goats and bison are adequate to detect, isolate and eradicate any outbreaks of tuberculosis or brucellosis in these animals.
These amendments will also allow the Department to redirect its resources to address more imminent threats to the health of this Commonwealth's animal population.
Comments
Notice of proposed rulemaking was published at 26 Pa.B. 3837 and provided for a 30-day public comment period.
Comments were received from the Independent Regulatory Review Commission (IRRC), the House Committee on Agriculture and Rural Affairs (House Committee), Representative Sheila Miller and a private individual.
IRRC, the House Committee and the private individual commentator offered the recommendation that the Department decide whether to use the term ''buffalo'' or ''bison'' in these amendments and revise the amendments to use the term consistently throughout. IRRC also suggested this revision extend to other regulatory sections not addressed in the proposed rulemaking.
The Department responds that the term ''bison'' is more appropriate than ''buffalo.'' The final-form regulations have been revised at §§ 3.151, 9.5 and 9.6 (relating to general provisions; animals to be tested (cattle, goats and bison); and animals not be tested) to consistently use this term.
As for IRRC's suggestion that other regulatory sections be revised to consistently use the term preferred by the Department, the Department responds that this change will be forthcoming. The act accomplished a wide-sweeping modernization of the Department's statutory authority with respect to domestic animals. That act allows the Department to continue to use and enforce its current animal health regulations to the extent they are not inconsistent with the act, 3 Pa.C.S. § 2382(b), the Department plans a systematic updating of its animal health regulations over the next 2 years. The Department will ultimately revise its animal health regulations to consistently use the term ''bison'' rather than ''buffalo.''
The House Committee requested clarification that the phrase ''identified by an official ear tag or other unique identification device'' in proposed § 3.151(a) allows the Department only to approve--but not mandate--identification devices other than official ear tags. IRRC repeated this request, and suggested proposed § 3.151(a) be revised for greater clarity and that this Preamble clearly reflect the Department's position on this subject.
The Department responds that the act at 3 Pa.C.S. § 2323(a) makes it the responsibility of the Department to establish identification standards for domestic animals. Currently, an ear tag will suffice, in most cases, to accurately identify a diseased or contaminated animal as described in § 3.151. A National effort is underway, though, to develop and implement electronic forms of identification that may be superior and preferable to current ear tag technology. For this reason, the Department declines to limit its authority to subsequently require some technologically or economically superior form of unique identification device, or both, for animals. This type of a device would benefit both the Department and this Commonwealth's animal production industry.
IRRC also offered comments with respect to §§ 7.4 and 9.4 (relating to identification of cattle; and identification of animals). Neither of these sections were proposed for amendment by the Department. IRRC recommended these sections be revised so that substantially the same language appeared in each. IRRC also suggested these sections reference the fact that cattle, goats and bison that have been tested for tuberculosis and brucellosis receive an ear tag. At the conclusion of its comment, IRRC recommended its concerns be addressed in a future rulemaking.
The Department agrees that further revisions are necessary with respect to its animal health regulations. As stated, the Department will conduct a top-to-bottom review of its animal health regulations over the next 2 years, in order to address changes in statutory authority brought about by the recent act. That statute has revised, modernized and strengthened the Department's authority with respect to domestic animals. The Department will consider IRRC's comment as it prepares the extensive regulatory revisions necessitated by the act.
Representative Sheila Miller offered support for the Department's proposed elimination of tuberculosis and brucellosis testing requirements for the intrastate shipment of cattle, goats and bison. The Representative expressed concern, though, over the Department's proposed revision of § 3.151(a), which would delete the identification exemption for feeder steers, spayed heifers and cattle, goats or bison transported for immediate slaughter. Representative Miller expressed apprehension that this deletion may impose undue additional costs and recordkeeping requirements on the beef industry. In addition, the Representative asked whether this requirement might result in a single animal receiving multiple ear tags as it moves from owner-to-owner, and whether/how this required identification trail will be enforced by the Department.
The Department responds that current regulations in §§ 5.47 and 5.49 (relating to slaughter animals; and feeder cattle) are not affected by this final rulemaking and will continue to require that slaughter cattle and feeder cattle have a sales tag that clearly identifies the animal or a USDA Market Cattle Inspection Program backtag, or both, that clearly identifies the animal. The revision of § 3.151(a) will not impose a new identification requirement on feeder cattle, spayed heifers and cattle going directly to slaughter. These animals will continue to remain exempt from identification requirements under § 3.151 unless they are diseased, contaminated or shipped for exhibition purposes.
Fiscal Impact
Commonwealth These amendments will impose no costs and have no fiscal impact on this 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 These amendments will impose no costs and have no fiscal impact upon political subdivisions.
Private Sector These amendments will decrease costs and paperwork requirements previously imposed upon the private sector. In particular, producers of cattle, goats and bison will be relieved of the cost of testing animals for tuberculosis or brucellosis prior to intrastate shipment. These costs are not readily measurable.
General Public These amendments will impose no costs and have no fiscal impact upon the general public.
Paperwork Requirements
These amendments will not result in an appreciable increase in paperwork.
Contact Person
Further information is available by contacting the Department of Agriculture, Attention: Phillip DeBok, D.V.M., Bureau of Animal Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 31, 1996, the Department submitted a copy of the notice of proposed rulemaking to IRRC and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House Committee on February 18, 1997, were deemed approved by the Senate Committee on February 18, 1997, and were approved by IRRC on February 20, 1996, in accordance with section 5(c) of the Regulatory Review Act.
Findings
The Department of Agriculture finds that:
(1) Public notice of intention to adopt the amendments encompassed by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240)(45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2
(2) A public comment period was provided as required by law and that the comments received were considered.
(3) The modifications that were made to these final-form regulations in response to comments received do not enlarge the purpose of the proposed amendments.
(4) The final-form regulations meet the requirements of Executive Order 1996-1, ''Regulatory Review and Promulgation.''
(5) The adoption of the final-form regulation in the manner provided by this order is necessary and appropriate for the administration of the authorizing statutes.
Order
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 7 Pa. Code Chapters 3, 5, 7, 8 and 9, are amended by amending §§ 3.1, 5.1, 5.45, 8.26 and 9.34 and by deleting §§ 3.152--3.158 and 7.53 to read as set forth at 26 Pa.B. 3837 and by amending §§ 3.151, 9.5 and 9.6 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order, 26 Pa.B. 3837 and Annex A to the Office of General Counsel and the Office of Attorney General for approval as required by law.
(c) The Secretary of the Department shall certify this order, 26 Pa.B. 3837 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
CHARLES C. BROSIUS,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 1215 (March 8, 1997).)
Fiscal Note: Fiscal Note 2-106 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 7. AGRICULTURE
PART I. BUREAU OF ANIMAL INDUSTRY
CHAPTER 3. HEALTH REQUIREMENTS FOR IMPORTATION AND INTRASTATE TRANSPORTATION OF ANIMALS
Subchapter I. INTRASTATE TRANSPORTATION OF CATTLE, GOATS AND BISON § 3.151. General provisions.
(a) Identification required. Cattle, goats and bison transported within this Commonwealth 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) Diseased or contaminated animals. Cattle, goats and bison 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 bison transported within this Commonwealth for exhibition purposes shall meet the applicable requirements of this chapter and Chapters 5, 7, 8 and 9.
CHAPTER 9. CONTROL AND ERADICATION OF TUBERCULOSIS OF LIVESTOCK
Subchapter A. GENERAL PROVISIONS § 9.5. Animals to be tested (cattle, goats and bison).
(a) Individual plan for accreditation--test all animals over 24 months of age.
(b) Other tests--test animals regardless of age.
§ 9.6. Animals not to be tested.
Retests of tuberculin response cattle, goats and bison may not be conducted for 60 days following 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 over 10 days then the comparative cervical test shall be conducted after 60 days.
[Pa.B. Doc. No. 97-548. Filed for public inspection April 11, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
