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PA Bulletin, Doc. No. 06-1610

NOTICES

Interstate/International Quarantine Order

[36 Pa.B. 4616]
[Saturday, August 19, 2006]

Recitals

   A.  Chronic Wasting Disease (CWD) is considered an infectious, progressive and always fatal disease of some species of the genera Cervus, Odocoileus and Alces including, but not limited to moose, white-tailed deer, mule deer, black-tailed deer, sika deer, elk and 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.  The Commonwealth has, to date, remained free of CWD.

   D.  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.

   E.  CWD has been designated a ''dangerous transmissible disease'' of animals under 3 Pa.C.S. § 2321(d) (relating to dangerous transmissible diseases) by order of the Secretary of Agriculture under 3 Pa.C.S. §§ 2301--2389 (relating to the Domestic Animal Law).

   F.  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.

   G.  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.

   H.  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 Commonwealth product.

   I.  CWD also has the potential to severely impact upon this Commonwealth's native cervid population, should it enter this Commonwealth.

   J.  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.

   K.  The Department seeks to establish reasonable requirements to allow susceptible species of cervids to be imported into or shipped through this Commonwealth, while protecting against the introduction of CWD into this Commonwealth's cervid population.

Order of Quarantine

   With the foregoing recitals incorporated into this Order by reference, the Pennsylvania Department of Agriculture (PDA) hereby establishes an Interstate and International Quarantine under authority of the Domestic Animal Law, at 3 Pa.C.S. § 2329(c). The terms of this Order are as follows:

   1.  Area of Quarantine. The Quarantined Area affected by this Interstate and International Quarantine Order is any State, foreign nation, province or territory other than the Commonwealth of Pennsylvania.

   2.  Prohibitions.

   i.  Importation. No farmed or captive cervid shall be imported into this Commonwealth of Pennsylvania without a PDA-issued importation permit, two forms of USDA/APHIS-approved animal identification (described in Paragraph 3) and the certificate of veterinary inspection and related paperwork required by this Order.

   ii.  Through-shipment. No farmed or captive cervid that is being shipped through this Commonwealth of Pennsylvania to another destination shall be temporarily unloaded from the vehicle or conveyance in which it is being transported without a PDA-issued importation permit, two forms of USDA/APHIS-approved animal identification (as described in Paragraph 3) and the certificate of veterinary inspection and related paperwork required by this Order.

   3.  Animal identification requirement. Any farmed or captive cervid that is imported into this Commonwealth of Pennsylvania, or that is temporarily unloaded from the vehicle or conveyance in which it is being transported while in transit through this Commonwealth of Pennsylvania to another destination, shall have two forms of USDA/APHIS- approved animal identification. One form of identification must qualify as USDA/APHIS-approved ''official'' animal identification. The second device may be either a second form of USDA/APHIS approved ''official'' animal identification or a USDA/APHIS-approved form of individual animal identification unique to that animal within the herd and linkable to the CWD database. Currently, USDA/APHIS-approved forms of ''official'' identification are:

   i.  A tattoo of a unique number approved by USDA/APHIS.

   ii.  A tamper resistant ear tag, with or without RFID technology, bearing a unique 15-digit ISO (International Standards Organization) or NAIS (National Animal Identification System) compliant number approved by USDA/APHIS.

   iii.  A USDA/APHIS-approved metal ear tag, bearing a unique number.

   iv.  An electronic identification implant device, such as a microchip, only if accompanied by an appropriate reading device. In the future, PDA and USDA/APHIS-approved forms of animal identification may change to comply with changes in the National Animal Identification System (NAIS) standards. Consultation with USDA and PDA on currently acceptable forms of identification is strongly recommended when anticipating importation or interstate movement of cervids.

   4.  Certificate of veterinary inspection and health documentation requirements. Any farmed or captive cervid that is imported into the Commonwealth of Pennsylvania, or that is temporarily unloaded from the vehicle or conveyance in which it is being transported while in transit through the Commonwealth of Pennsylvania to another destination, shall be accompanied by an official certificate of veterinary inspection (CVI) written within the preceding 30 days by a USDA-accredited veterinarian of the State, foreign nation, province or territory of origin indicating that the animal identified in that document is not known to be exposed to or infected with any infectious or contagious disease.

   i.  A single CVI may pertain to any number of farmed or captive cervids, but the CVI must identify each of the subject farmed or captive cervids by its official approved form of animal identification, as described above in Paragraph (3).

   ii.  The CVI shall verify that the subject farmed or captive cervids identified in the document have satisfied all applicable testing requirements of the Commonwealth of Pennsylvania related to Brucellosis and Tuberculosis.

   iii.  If the CVI or its separate accompanying verification confirms that the subject CWD-susceptible farmed or captive cervids originate from a State, foreign nation, province or territory where CWD has not been detected, the CVI shall include accompanying confirmation that the herd of origin has been enrolled in (and is in compliance with) a formal, government-administered CWD herd certification program (with testing, identification, biosecurity and record-keeping components) for at least 3 years preceding the date of importation without the presence of CWD having been detected. The required number of years may change to meet current USDA/APHIS standards.

   iv.  If the CVI or its separate accompanying verification confirms that the subject CWD-susceptible farmed or captive cervids originate from a State, foreign nation, province or territory where CWD has been detected, the CVI shall include accompanying confirmation that the herd of origin has been enrolled in a government-administered CWD herd certification program, as described in the preceding paragraph, for at least 5 years preceding the date of importation without the presence of CWD having been detected. The required number of years may change to meet current USDA/APHIS standards.

   v.  PDA will be the final arbiter of whether or not a particular CWD herd certification program, as described in the two preceding paragraphs, is acceptable, but will make this determination in accordance with any applicable USDA or other national standards.

   vi.  The CVI shall contain a statement confirming that none of the CWD-susceptible farmed or captive cervids identified in the document has ever resided on a premises or come in contact with equipment used on a premises where CWD was ever diagnosed.

   5.  Importation permit requirement. Any farmed or captive cervid that is imported into the Commonwealth of Pennsylvania, or that is temporarily unloaded from the vehicle or conveyance in which it is being transported while in transit through the Commonwealth of Pennsylvania to another destination, shall be accompanied by a PDA-issued importation permit. This importation permit may be obtained through PDA's Bureau of Animal Health and Diagnostic Services, at (717) 783-9550. Applicants should apply to PDA for this importation permit at least 30 days in advance of the planned importation or shipping date.

   6.  Criminal and/or civil 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.  

   7.  PDA's authority. This Order shall not be construed as limiting PDA's authority to establish additional quarantine or testing requirements on imported cervids.

   8.  Effective date. This Order is effective September 1, 2006.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 06-1610. Filed for public inspection August 18, 2006, 9:00 a.m.]


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