NOTICES
DEPARTMENT OF AGRICULTURE
General Quarantine Order
[36 Pa.B. 4612]
[Saturday, August 19, 2006]Recitals
A. Chronic Wasting Disease (CWD) is considered an infectious, progressive and always fatal disease of susceptible species of the genera Cervus, Odocoileus and Alces including elk, white-tailed deer, moose, mule deer, black-tailed deer, sika deer, red deer, Cervus elaphus and hybrids thereof.
B. There is no known treatment for CWD infection, no successful vaccine against this disease and no feasible live animal test that can detect the presence of CWD.
C. CWD is believed to be transmissible from infected to uninfected cervids by ingestion of infected or contaminated materials occurring through shared environment or close contact.
D. CWD has been designated a ''dangerous transmissible disease'' of animals by order of the Secretary of Agriculture under the provisions of 3 Pa.C.S. §§ 2301--2389 (relating to the Domestic Animal Law).
E. The Department of Agriculture (Department) has broad authority under the Domestic Animal Law to regulate the keeping, transport, and handling of domestic animals in order to exclude, contain or eliminate dangerous transmissible diseases, such as CWD.
F. The Department also has broad authority under the Domestic Animal Law to prohibit the importation of domestic animals, conveyances, containers, goods, products or materials in an effort to keep dangerous transmissible diseases, such as CWD, from entering this Commonwealth.
G. CWD is of particular concern to the captive/farmed cervid industry, in that presence of CWD infection in a herd may result in the destruction of the entire herd and may severely limit the market for product of this Commonwealth.
H. CWD also has the potential to severely impact upon this Commonwealth's native cervid population, should it enter this Commonwealth.
I. CWD has been detected in cervids in New York and West Virginia, and is known to be present in a number of other states and several Canadian Provinces.
J. To this date, CWD has not been detected in this Commonwealth.
Order of Quarantine With the foregoing recitals incorporated into this Order by reference, the Department hereby establishes a General Quarantine under authority of the Domestic Animal Law, at 3 Pa.C.S. § 2329(d). The terms of this order are as follows:
1. Quarantine Area. This General Quarantine is applicable to the entire Commonwealth of Pennsylvania.
2. Program Enrollment Requirement. By September 1, 2006, any person or business that maintains one or more of any of the CWD-susceptible species of the genera Cervus, Odocoileus or Alces including elk, white-tailed deer, moose, mule deer, black-tailed deer, sika deer, red deer, Cervus elaphus, or hybrid thereof, in captivity within this Commonwealth shall provide PDA with a completed Program Enrollment Form, as described in Paragraph 4. The requirements of this Order are applicable to any type of location or operation at which CWD-susceptible cervids are maintained, including (but not limited to) private residences, farms, hunting ranches, zoological displays and menageries.
3. Meeting the Program Enrollment Requirement; Required Adherence to Herd Certification or Herd Monitoring Protocols. By September 1, 2006, the farmed or captive CWD-susceptible cervids as described in Paragraph 2 present on each premises described in Paragraph 2 shall be enrolled in either the CWD Herd Certification Program or the CWD Herd Monitoring Program (both of which are described below), and shall be maintained in compliance with all of the requirements of the Program in which it is enrolled. PDA will promptly mail or deliver Program Enrollment Forms to any person who requests the forms. Enrollment shall be completed by delivering a completed Program Enrollment Form to PDA by any of the means described in Paragraph 7.
4. Obtaining a Program Enrollment Form. The Program Enrollment Forms described in Paragraph 3 (for either the CWD Herd Certification Program or the CWD Herd Monitoring Program) may be obtained by:
a. Telephoning PDA at (717) 783-5309 and requesting that a form be provided by mail or fax.
b. Mailing or presenting a request to PDA at the following address: Department of Agriculture, ATTN: Mary Martin, 2301 North Cameron Street, Harrisburg, PA 17110-9408.
c. Downloading them from PDA's website (www.agriculture.state.pa.us).
5. Contents of the Enrollment Form for the CWD Herd Certification Program. The Program Enrollment Form for the CWD Herd Certification Program shall require the following information:
a. Name, address, telephone number and e-mail address of the person maintaining the farmed or captive cervid(s).
b. Name, address, telephone number and e-mail address of the person who owns the farmed or captive cervid(s).
c. Mailing address of premises at which the cervid(s) is/are maintained in captivity or driving directions to the premises if there is no mailing address where the cervid(s) is/are maintained.
d. Numbers of cervids maintained on the premises, by species.
e. The official identification (as described below, in Paragraph 8(g)), farm identification (if different than official identification) and sex of each subject cervid.
f. The age of each subject cervid.
g. The date of acquisition and source of each subject cervid that was not born into the herd.
h. The location at which the records required under the Herd Certification Program shall be maintained and made available for inspection by PDA.
6. Contents of the Enrollment Form for the CWD Herd Monitoring Program. The Program Enrollment Form for the CWD Herd Monitoring Program shall require the following information:
a. Name, address, telephone number and e-mail address of the person maintaining the farmed or captive cervid(s).
b. Name, address, telephone number and e-mail address of the person who owns the farmed or captive cervid(s).
c. Mailing address of premises at which the cervid(s) is/are maintained in captivity or driving directions to the premises if there is no mailing address where the cervid(s) is/are maintained.
d. The number of each species of farmed or captive CWD-susceptible cervid on the premises. An estimate may be provided if the exact number cannot be determined.
e. The date of acquisition and source of each subject cervid that was not born into the herd.
f. The location at which the records required under the Herd Monitoring Program shall be maintained and made available for inspection by PDA.
7. Delivering the Notification Form. A person required to file a Program Enrollment Form under this Order shall deliver the completed Form to PDA by September 1, 2006, by faxing it to (717) 787-1868, or mailing or delivering it to the address set forth in Paragraph 4(b).
8. CWD Herd Certification Program.
a. Program established. The Chronic Wasting Disease Herd Certification Program (Herd Certification Program) is established by this Order.
b. Status of Herd. The Herd Certification Program prescribes a five-year process by which a herd of farmed or captive CWD-susceptible cervids may achieve ''Certified Status.'' PDA shall note the date of enrollment of a particular herd of farmed or captive CWD-susceptible cervids in the Herd Certification Program. The status of that enrolled herd shall be ''First Year Status'' for the first year following the date of enrollment. On the first four enrollment anniversary dates following enrollment, the status of the herd shall be upgraded by one year. On the fifth enrollment anniversary date (i.e., after five consecutive years of program participation have been completed), the status of the herd shall be upgraded to ''Certified Status'' if all of the conditions of the Herd Certification Program have been complied with, and this status shall last as long as the herd is CWD-free and continues to meet Herd Certification Program standards. If the herd is withdrawn from the Herd Certification Program and subsequently re-enrolled, the herd will be reassigned ''First Year Status'' and the five-year process toward ''Certified Status'' shall begin again.
c. Duty to Report Suspect Cervids. The owner of a herd of farmed or captive CWD-susceptible cervids and all caretakers or custodians of that herd shall immediately report any cervid that shows signs that are consistent with CWD (such as pneumonia, staggering, drooling, wasting or unusual behavior) to PDA. Upon the discovery of dead farmed or captive CWD-susceptible cervids aged 12 months or older, a prompt report must immediately be made to PDA--even if the carcasses are in an advanced state of decomposition at the time of discovery. Prompt reporting upon discovery of dead farmed or captive CWD-susceptible cervids aged 12 months or older will minimize the impact on herd status if specimens are not testable. This report shall be made to the PDA Regional Office or by telephone to the number set forth above in Paragraph 4.
d. Mandatory Testing.
i. If a farmed or captive CWD-susceptible cervid of any age shows signs that are consistent with CWD (such as pneumonia, staggering, drooling, wasting or unusual behavior), and the cervid dies or is killed, the obex (the thin triangular lamina of gray matter above the calamus scriptorius in the roof of the fourth ventricle of the brain) and retropharyngeal lymph nodes of the animal shall be removed, preserved in formalin and--within 72 hours of death--submitted to a PDA-approved laboratory for CWD testing. Alternatively, the whole carcass or the head may be submitted to a PDA-approved laboratory within three days of death.
ii. If a farmed or captive CWD-susceptible cervid age 12 months or older dies for any reason (including through hunting, accident or slaughter), either the obex and retropharyngeal lymph nodes of the animal shall be removed, preserved in formalin and--within 30 days of death--submitted to a PDA-approved laboratory for CWD testing or, alternatively, the whole carcass or the head shall be submitted to a PDA-approved laboratory within three days of death. Once the enrolled herd achieves ''Certified Status,'' normal healthy animals which are sent to a shooting facility or to slaughter are no longer required to be tested.
e. Authorized Sample Collectors. Any person may collect and submit the whole head of a captive CWD-susceptible cervid for testing under the Herd Certification Program. Only a PDA-certified CWD technician, an accredited veterinarian, a state official or a federal official may collect and submit tissue samples from a farmed or captive CWD-susceptible cervid if the sample is other than a whole head or complete carcass. Only an accredited veterinarian, a state official or a federal official shall collect and submit tissue samples from a farmed or captive CWD-susceptible cervid that shows signs which are consistent with CWD (such as pneumonia, staggering, drooling, wasting or unusual behavior). Qualifications regarding authorized sample collectors may change over time to meet current USDA/APHIS standards.
f. Chain of Custody of Samples. A person may obtain a chain-of-custody form from PDA by the same means set forth above in Paragraph 4. A person submitting a sample for analysis under the Herd Certification Program shall complete the chain-of-custody form, and that form shall accompany the sample from the premises upon which the enrolled herd is maintained until the sample comes into the possession of PDA.
g. Identification of Subject Animals. Each farmed or captive CWD-susceptible cervid, 12 months of age or older, that is within a herd enrolled in the Herd Certification Program shall have at least two forms of PDA and USDA/APHIS-approved animal identification attached or affixed to it. One form of identification must be official, the other may be animal identification approved by USDA/APHIS which is unique to the animal within the herd and can be linked to the CWD database. USDA/APHIS-approved ''official'' forms of animal identification include the following:
i. A tattoo of a unique number approved by PDA and/or USDA/APHIS.
ii. A tamper resistant ear tag (with or without Radio Frequency Identification--RFID-capability) bearing a unique 15-digit AIN or ISO compliant number.
iii. A PDA-issued metal ear tag, bearing a unique number provided by PDA.
vi. A USDA/APHIS-issued metal ear tag, bearing a unique number provided by USDA/APHIS.
v. An electronic implant device, such as a microchip provided that an appropriate reader is available.
h. Ongoing Record-Keeping Requirement. A person with a herd that is enrolled in the Herd Certification Program shall maintain up-to-date records with respect to the subject herd for a period of five (5) years, shall make these records available for inspection by PDA upon request, and shall mail or deliver a copy of these records to PDA no later than each anniversary of the ''date of enrollment'' described above, in Paragraph 8(b). Any captive animals which escape or are removed from a herd, or any wild CWD-susceptible cervids which gain entrance into a captive herd must be reported to PDA immediately. These records shall include the following with respect to each subject cervid:
i. The official identification (as described above, in Paragraph 8(g)).
ii. The USDA/APHIS-approved farm identification (if different than official identification).
iii. The sex and age of the subject cervid.
iv. The date of disposal and destination of any subject cervid removed from the herd within the preceding 12 months.
v. If the subject cervid is new to the herd since the ''date of enrollment'' described above, in Paragraph 8(b), designation of whether the subject was born to the herd or acquired from outside the herd and, if the latter is true, the source of the subject cervid.
vi. The date and cause of death (if known) of any subject cervid.
i. Inspections. PDA or its agents or an accredited veterinarian may, at intervals of no greater than 12 months, inspect the premises upon which a herd of enrolled captive CWD-susceptible cervids is maintained. PDA may conduct additional inspections at reasonable times. Inspections may include records review, whole herd inventory with individual animal identification, inspecting fences and otherwise determining whether the herd is being maintained in compliance with the Herd Certification Program.
j. Fencing. A herd of farmed or captive CWD-susceptible cervids that is enrolled under the Herd Certification Program shall be maintained so as to prevent ingress and egress of cervids. Fence height shall be a minimum of eight (8) feet, however a ten (10) foot minimum height is recommended.
k. Additions to the Herd. No CWD-susceptible species of cervids may be added to a herd of farmed or captive CWD-susceptible cervids that is enrolled under the Herd Certification Program unless the CWD-susceptible cervid to be added originates from a herd that is also enrolled in the Herd Certification Program and has an equal or earlier enrollment date (month, day, year). If this requirement is not complied with, the herd enrollment date will be changed to that of the source of the herd addition.
l. Intrastate/Interstate Movement of Enrolled Cervids or Carcasses of Enrolled Cervids. Farmed or captive CWD-susceptible cervids that are enrolled under the Herd Certification Program may be moved intrastate, although this movement must also be in compliance with any other applicable intrastate movement requirements related to diseases other than CWD. The obex and retropharyngeal lymph nodes from untested harvested cervids age 12 months or older may only leave Pennsylvania under a special permit issued by PDA, unless the herd of origin has satisfied the Herd Certification Program testing requirements.
9. CWD Herd Monitoring Program.
a. Program established. The Chronic Wasting Disease Herd Monitoring Program (Herd Monitoring Program) is established by this Order.
b. Program Objective. The Herd Monitoring Program prescribes a process by which participants can lower the risk that CWD is present in enrolled captive CWD-susceptible cervid herds.
c. Duty to Report Suspect Cervids. The owner of a herd of farmed or captive CWD-susceptible cervids and all caretakers or custodians of that herd shall immediately report any cervid that shows signs that are consistent with CWD (such as pneumonia, staggering, drooling, wasting or unusual behavior) to PDA. This report shall be made to the PDA Regional Office or by telephone to the number set forth above in Paragraph 4(a).
d. Mandatory Testing.
i. If a farmed or captive CWD-susceptible cervid of any age shows signs that are consistent with CWD (such as pneumonia, staggering, drooling, wasting or unusual behavior), and the cervid dies or is killed, the obex (the thin triangular lamina of gray matter above the calamus scriptorius in the roof of the fourth ventricle of the brain) and retropharyngeal lymph nodes of the animal shall be removed, preserved in formalin and--within 72 hours of death--submitted to a PDA-approved laboratory for CWD testing. Alternatively, the whole carcass or the head shall be submitted to a PDA-approved laboratory within 3 days.
ii. If, after the date of enrollment, the enrolled herd contains farmed or captive CWD-susceptible cervids that did not originate from a herd enrolled in the Herd Certification Program, and an enrolled cervid 12 months of age or older dies for any reason (including through hunting, accident or slaughter), either the obex and retropharyngeal lymph nodes of the animal shall be removed, preserved in formalin and--within 30 days of death--submitted to a PDA-approved laboratory for CWD testing or, alternatively, the whole carcass or the head shall be submitted to a PDA-approved laboratory within three days of death. If, during a one-year period commencing on the date of enrollment or any anniversary of that date, 30 such cervids are tested and determined to be CWD-negative, then this testing need not continue for the remainder of that one-year period.
iii. If, after the date of enrollment, all of the enrolled farmed or captive CWD-susceptible cervids originate from herds that are enrolled in the Herd Certification Program, but not all of the enrolled farmed or captive cervids originate from herds that have achieved ''Certified status'' under the Herd Certification Program, then at least 10% of the cervids 12 months of age or older that die for any reason (including through hunting, accident or slaughter) shall be tested as described immediately above, in Subparagraph (ii). If, during a one-year period commencing on the date of enrollment or any anniversary of that date, a number equal to 10% of the test-eligible cervids or 30 such cervids (whichever is less) are tested and determined to be CWD-negative, then this testing need not continue for the remainder of that one-year period.
iv. If, after the date of enrollment, the enrolled herd contains only farmed or captive CWD-susceptible cervids that originated from herds with a ''Certified Status'' under the Herd Certification Program, then testing requirements are identical to those of herds which have achieved ''Certified Status'' in the Herd Certification Program as described in paragraph 8.d.ii., other than that prescribed by Subparagraph (i), above.
e. Authorized Sample Collectors. Any person may collect and submit the whole head of a farmed or captive CWD-susceptible cervid for testing under the Herd Monitoring Program. Only a PDA-certified CWD technician, an accredited veterinarian, a state official or a federal official may collect and submit tissue samples from a farmed or captive CWD-susceptible cervid if the sample is other than a whole head or complete carcass. Only an accredited veterinarian, a state official or a federal official shall collect and submit tissue samples from a farmed or captive CWD-susceptible cervid that shows signs that are consistent with CWD (such as pneumonia, staggering, drooling, wasting or unusual behavior). Qualifications regarding authorized sample collectors may change over time to meet current USDA/APHIS standards.
f. Chain of Custody of Samples. A person may obtain a chain-of-custody form from PDA by the same means set forth above in Paragraph 4. A person submitting a sample for analysis under the Herd Monitored Program shall complete the chain-of-custody form, and that form shall accompany the sample from the premises upon which the enrolled herd is maintained until the sample comes into the possession of PDA.
g. Identification of Subject Animals and Carcasses. If an authorized sample collector (as described above, in Paragraph 9(e)) takes a sample from the carcass of a subject cervid, and that cervid does not have an official form of USDA/APHIS and PDA-approved animal identification attached or affixed to it, the authorized sample collector shall affix such a form of animal identification. Approved forms of official animal identification are as follows:
i. A tamper resistant ear tag (with or without Radio Frequency Identification--RFID--capability) bearing a unique 15-digit AIN or ISO compliant number.
ii. A PDA-issued metal ear tag, bearing a unique number provided by PDA.
iii. A USDA/APHIS-issued metal ear tag, bearing a unique number provided by USDA/APHIS.
h. Ongoing Record-Keeping Requirement. A person with a herd that is enrolled in the Herd Monitoring Program shall maintain up-to-date records with respect to the subject herd for a period of 5 years, shall make these records available for inspection by PDA upon request, and shall mail or deliver a copy of these records to PDA no later than each anniversary of the ''date of enrollment'' in the Herd Monitoring Program. Any captive animals which escape or are removed from a herd, or any wild CWD-susceptible cervids which gain entrance into a captive herd must be reported to PDA immediately. These records shall include the following:
i. Herd size (estimate if exact size is not known).
ii. The date of disposal and destination of any subject cervid removed from the herd within the preceding 12 months.
iii. If a subject cervid is acquired by any means other than being born into the herd, the date of acquisition and the source of acquisition.
iv. The date and cause of death (if known) of any subject cervid.
i. Inspections. PDA or its agents may, at its discretion and at reasonable times, inspect the premises upon which a herd of enrolled farmed or captive CWD-susceptible cervids is maintained. Inspections may include records review, checking individual animal identification, inspecting fences and otherwise determining whether the herd is being maintained in compliance with the Herd Monitoring Program.
j. Fencing. A herd of farmed or captive CWD-susceptible cervids that is enrolled under the Herd Monitoring Program shall be maintained so as to prevent ingress and egress of cervids. Fence height is to be a minimum of eight (8) feet, however a ten (10) foot minimum height is recommended.
k. Limitations on Intrastate/Interstate Movement of Enrolled Cervids or Carcasses of Enrolled Cervids. Live farmed or captive CWD-susceptible cervids that are enrolled under the Herd Monitoring Program may not be moved intrastate or interstate unless by special permit issued by PDA. An exception to this permit requirement occurs when at least 30 captive CWD-susceptible cervids age 12 months or older from a single herd have been tested for CWD and found to be test-negative, in which case live cervids from that herd may be transported intrastate without a special permit if they are transported only to a shooting preserve or a slaughter facility. The obex and retropharyngeal lymph nodes from untested harvested cervids age 12 months or older may only leave Pennsylvania under a special permit issued by PDA, unless the herd of origin has satisfied its annual testing requirements under the Herd Monitoring Program.
10. Participation in the Herd Certification Program or Herd Monitoring Program. Any contrary provision of this Order notwithstanding, persons may voluntarily enroll farmed or captive cervids that are not CWD-susceptible cervids (example: reindeer) in either the Herd Certification Program or the Herd Monitoring Program.
11. Limitations on Movement of Live Cervids. Unless a special permit has been issued by PDA authorizing removal, live farmed or captive CWD-susceptible cervids shall not be removed from any premises that does not participate in and comply with current standards of the CWD Herd Certification Program except as described in Paragraph 9(k) above.
12. Limitations on Movement of Cervid Tissues. Unless a special permit has been issued by PDA for the purpose, tissues originating from any farmed or captive CWD-susceptible cervid and used to conduct the CWD testing procedure shall not be transported out of the Commonwealth except as described in Paragraphs 8(l) and 9(k) above.
13. Violations/Penalties. Any person violating the requirements of this Order shall be subject to criminal prosecution and/or civil penalties of up to $10,000 per violation.
14. No Restriction on Further Action by PDA. This Order shall not be construed as limiting PDA's authority to establish additional quarantine or testing requirements on imported cervids.
15. Effective Date. This Order is immediately effective August 4, 2006, and shall remain in effect unless rescinded or modified by subsequent order.
DENNIS C WOLFF,
Secretary
[Pa.B. Doc. No. 06-1609. Filed for public inspection August 18, 2006, 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.
