NOTICES
DEPARTMENT OF AGRICULTURE
Order of Quarantine; Tuberculosis Testing Requirements for Importation of Cattle, Bison, Goats or Camelids
[39 Pa.B. 1538]
[Saturday, March 28, 2009]Recitals
A. Tuberculosis is an infectious disease of animals. It can infect a variety of animal species, including cattle, water buffalo, bison, elk, deer, pigs, elephants, camelids, nonhuman primates, goats, sheep, dogs, cats, equines and humans.
B. The Domestic Animal Law (3 Pa.C.S.A. § 2321(38)) designates Tuberculosis a ''dangerous transmissible disease.''
C. The Department of Agriculture (Department) has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases.
D. Tuberculosis has infected cattle and deer in four states including California, Michigan, Minnesota and New Mexico. These states have lost their ''Accredited-Free'' status that had been assigned them by the United States Department of Agriculture (USDA). States that lose this status are subject to more rigorous testing requirements; and the market for Tuberculosis-susceptible animals (and the products of these animals) originating from these states is limited.
E. Tuberculosis can be transmitted by exposure of infected animals to noninfected animals. The presence of Tuberculosis in wild animals threatens the domestic animal population.
F. Tuberculosis is of particular concern to this Commonwealth's animal industry, in that its presence would severely limit the market for Tuberculosis-susceptible animals originating from this Commonwealth, and for Pennsylvania-produced meat, milk and milk products. In addition, Tuberculosis has the potential to be transmitted to humans under some circumstances.
G. There is no economical treatment or vaccine for Tuberculosis. There are live animal tests available for Tuberculosis.
H. Although the Department has current regulations that impose adequate importation testing and documentation requirements on most Tuberculosis-susceptible species, cattle, bison, camelid and goat species are not addressed (or are not adequately addressed) in these requirements--making it necessary for the Department to establish these importation and documentation requirements by a Quarantine Order.
Order
The Department of Agriculture enters an Interstate Quarantine Order, incorporating the foregoing recitals. This order is entered under authority of the Domestic Animal Law and establishes the following restrictions and conditions:
1. No animal of the cattle or bison species shall be imported into this Commonwealth unless it:
a. originates from a state or zone that is designated ''Accredited Free'' with respect to Tuberculosis by the USDA in accordance with that agency's regulations and Uniform Methods and Rules; or
b. originates from a state or zone that is designated ''Modified Accredited Advanced'' with respect to Tuberculosis by USDA and--without regard to the age of the animal--it has been tested for Tuberculosis within 60 days preceding importation and been classified test-negative for Tuberculosis; or
c. originates from a state or zone that is designated ''Modified Accredited'' with respect to Tuberculosis by USDA and;
i. all animals in the herd that are 12 months of age and older have been tested for the presence of Tuberculosis within 12 months preceding importation and have been classified test-negative for Tuberculosis; and
ii. the animal (regardless of its age) has--within 60 days preceding importation and at least 60 days after the whole herd test was completed--been tested for the presence of Tuberculosis and been classified test-negative for Tuberculosis; or
d. is imported directly to a slaughter facility inspected by the United States Department of Agriculture Food Safety Inspection Service, for slaughter within 10 days of importation.
2. No animal of the goat species shall be imported into this Commonwealth unless it:
a. originates from a state that is designated ''Accredited--Free'' with respect to Tuberculosis by USDA; or
b. originates from a state or zone that is designated ''Modified Accredited Advanced'' with respect to Tuberculosis by USDA and--without regard to the age of the animal--it has been tested for the presence of Tuberculosis within 60 days preceding importation and been classified test-negative for Tuberculosis; or
c. originates from a state or zone that is designated ''Modified Accredited" with respect to Tuberculosis by USDA and:
i. all animals in the herd that are 12 months of age and older have been tested for the presence of Tuberculosis within 12 months preceding importation and been classified test-negative for Tuberculosis; and
ii. the animal (regardless of its age) has within 60 days preceding importation and at least 60 days after the whole herd test was completed been tested for the presence of Tuberculosis and been classified test-negative for Tuberculosis; or
d. is imported directly to a slaughter facility inspected by the United States Department of Agriculture Food Safety Inspection Service, for slaughter within 10 days of importation.
3. No animal of the camelid species shall be imported into this Commonwealth unless it:
a. originates from a state that is designated Accredited-Free" with respect to tuberculosis by the USDA in accordance with that agency's regulations and Uniform Methods and Rules; or
b. originates from a state or zone that is designated ''Modified Accredited Advanced'' with respect to Tuberculosis by USDA and--without regard to the age of the animal--it has been tested for the presence of tuberculosis within 60 days preceding importation and been classified test-negative for Tuberculosis; or
c. originates from a state or zone that is designated ''Modified Accredited'' with respect to Tuberculosis by USDA and:
i. all animals in the herd that are 12 months of age and older have been tested for the presence of Tuberculosis within 12 months preceding importation and been classified test-negative for Tuberculosis; and
ii. the animal (regardless of its age) has within 60 days preceding importation and at least 60 days after the entire herd test was completed been tested for the presence of Tuberculosis and been classified test-negative for Tuberculosis; or
d. is imported directly to a slaughter facility inspected by the United States Department of Agriculture Food Safety Inspection Service, for slaughter within 10 days of importation.
4. No animal of the cattle, bison, goat or camelid species shall be imported into this Commonwealth if it has been exposed to Tuberculosis test-positive animals or animals that have clinical signs consistent with Tuberculosis.
5. The requirements of paragraphs (1)--(3) shall not apply to cattle, bison, goats or camelids that are being transported through this Commonwealth to a destination outside this Commonwealth, without being exposed to other Tuberculosis-susceptible animals.
6. This Order supplants any inconsistent regulation of the Department on the same subject matter to the extent of the inconsistency.
7. 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.
8. This Order shall not be construed as limiting the Department's authority to establish additional quarantine or testing requirements relating to Tuberculosis.
9. This Order is immediately effective on March 28, 2009, and shall remain in effect unless rescinded or modified by subsequent order.
DENNIS C WOLFF,
Secretary
[Pa.B. Doc. No. 09-572. Filed for public inspection March 27, 2009, 9:00 a.m.]
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