NOTICES
DEPARTMENT OF AGRICULTURE
Interstate/International Quarantine Order; Chronic Wasting Disease Importation Requirements for Farmed or Captive Chronic Wasting Disease-Susceptible Cervids
[50 Pa.B. 4650]
[Saturday, September 12, 2020]I. Recitals.
The following recitals set forth and describe the dangerous transmissible disease for which this Quarantine Order is instituted, specifies the species of domestic animals affected by and subject to this Quarantine Order and provides the authority under which this Quarantine Order is established.
(a) Chronic Wasting Disease (CWD) is considered an infectious, progressive and fatal disease of susceptible species of the genera Alces, Cervus, Odocoileus and Rangifer including elk, white-tailed deer, moose, mule deer, black-tailed deer, sika deer, red deer, reindeer and hybrids thereof.
(b) There is no known treatment for CWD infection; no successful vaccine against this disease and no reliable live animal test for this disease. Research regarding live animal testing and genetic resistance to CWD in individual animals is ongoing. As this is understood, it will be evaluated as an option in the future.
(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 the Domestic Animal Law (Law) (3 Pa.C.S. §§ 2301—2389), at 3 Pa.C.S. § 2321(d).
(e) The Department of Agriculture (Department) has broad authority under the Law to regulate the keeping, transport and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases, such as CWD.
(f) The Department also has broad authority under the 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 may negatively impact this Commonwealth's free-ranging and domestic (farmed or captive) cervid populations. CWD is of concern to the captive/farmed cervid industry, in that presence of CWD infection in a herd has resulted in the destruction of the entire herd and severely limited the market for product within and outside this Commonwealth.
(h) In 2012, two captive white-tailed deer in the Commonwealth were confirmed to be infected with CWD. Farmed white-tailed deer have been confirmed in Adams, Bedford, Blair, Cambria, Clearfield, Franklin, Fulton, Jefferson, Lancaster, and Perry counties on a total of 24 Commonwealth premises. Also, the 2012 Pennsylvania Game Commission's hunter harvest program testing detected CWD in free-ranging deer. Since then, free ranging white-tailed deer have been identified in Bedford, Blair, Cambria, Clearfield, Franklin, Fulton, Huntingdon, Indiana, Jefferson, Juniata, Perry, Snyder, Somerset, and Westmoreland counties. CWD has also been detected in cervids in the nearby states of Maryland, New York, Ohio, Virginia, and West Virginia. To date, the CDC has reported CWD in free-ranging deer, elk and/or moose in at least 24 states in the continental United States.
(i) The Department seeks to establish reasonable requirements, in accordance with its authority under the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389) and consistent with federal regulations—at 9 CFR 81 (related to Chronic Wasting Disease in Deer, Elk and Moose)—and United States Department of Agriculture guidance and policy related to quarantine of CWD infected and exposed cervidae, to allow CWD-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.
II. General Provisions.
With the foregoing recitals incorporated into this Interstate and International Quarantine Order by reference, the Department hereby establishes an Interstate and International Quarantine Order related to importation requirements for farmed and captive Chronic Wasting Disease susceptible Cervids. This Interstate and International Quarantine Order is established under authority of the Domestic Animal Law, at 3 Pa.C.S. § 2329(c). The terms of this Interstate and International Quarantine Order are as follows:
(a) Repeal of previous Interstate and International Quarantine Order. This revised Interstate and International Quarantine Order (''Quarantine Order'') shall replace the current ''Interstate/International Quarantine Order; Chronic Wasting Disease Importation Requirements for Farmed or Captive Chronic Wasting Disease-Susceptible Cervids'' that was issued by the Department on April 12, 2014 and published in the Pennsylvania Bulletin on April 12, 2014 at 44 Pa.B., NO. 15 2267 and all other previously issued Interstate and International Quarantine Orders related to farmed and captive CWD susceptible Cervids.
(b) Quarantine Area. 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.
(c) Persons subject to this Quarantine Order. Any person with a susceptible species of the genera Alces, Cervus, Odocoileus and Rangifer including elk, white-tailed deer, moose, mule deer, black-tailed deer, sika deer, red deer, reindeer and hybrids thereof are subject to this Quarantine Order and shall move live and dead animals as set forth in this Quarantine Order.
(d) General Standards and Prohibitions
1. Importation Standards. No farmed or captive CWD-susceptible cervid shall be imported into the Commonwealth of Pennsylvania without the following:
(i) A Department issued written importation permit as set forth in Section (g) (related to importation permit requirement);
(ii) Two forms of USDA/APHIS-approved animal identification as described in Section (e) (related to animal identification requirement);
(iii) A certificate of veterinary inspection and related paperwork as required by this Quarantine Order at Section (f) (certificate of veterinary inspection and health documentation requirements); and
(iv) All farmed or captive CWD-susceptible cervids to be sold in or off-loaded in the Commonwealth of Pennsylvania shall originate from state CWD Herd Certification Program herds at the Certified level as approved by the United States Department of Agriculture in 9 CFR 55.24.
2. Importation and off-loading prohibitions.
(i) No cervids declared as CWD positive, CWD suspect, or CWD exposed or from premises with a quarantine in effect for CWD may be imported into the Commonwealth of Pennsylvania or off-loaded within the Commonwealth of Pennsylvania.
(ii) No farmed or captive CWD-susceptible cervids to be sold in or off-loaded in the Commonwealth of Pennsylvania may originate from or be traceable to a herd that is located within 15 miles of farmed, captive or wild CWD positive animals, premises, or locations. The Pennsylvania Department of Agriculture will not issue an importation permit for any such cervid.
(iii) No CWD-susceptible cervid shall be imported for sale to or be off-loaded at any premises in the Commonwealth that is not enrolled in the Commonwealth's Chronic Wasting Disease Herd Certification or Herd Monitoring Program.
(iv) The off-loading of any CWD-susceptible cervid(s) at any premises within the Commonwealth of Pennsylvania shall be recorded by the licensed hauler and the premises enrolled in the Commonwealth's Chronic Wasting Disease Herd Certification or Herd Monitoring Program at which the cervid(s) was off-loaded. Records shall include:
A. The name, address and license number of the hauler.
B. The name and address of the premises enrolled in the Commonwealth's Chronic Wasting Disease Herd Certification or Herd Monitoring Program at which the cervid(s) was off-loaded.
C. The name and address of the premises from which the cervid(s) originated from state CWD Herd Certification Program herds at the Certified level as approved by the United States Department of Agriculture in 9 CFR 55.24.
D. The number of cervids including all identification in Section (e) off-loaded and amount of time held on the premises.
3. Through-shipment standards.
No CWD-susceptible species transported through the Commonwealth of Pennsylvania en route to a final destination in a state other than the Commonwealth of Pennsylvania, may be off-loaded at a stop-over site or premises in the Commonwealth of Pennsylvania during transit unless they comply with all of the standards set forth in Sections 1. and 2. above.
4. Movement to slaughter. No cervids declared as CWD positive, CWD suspect, or CWD exposed shall be imported for slaughter in Pennsylvania. Any farmed or captive CWD-susceptible cervid that is moved interstate for immediate slaughter to a recognized slaughtering establishment in Pennsylvania shall meet the following standards:
(i) The identification requirements set forth in Section (e) (related to animal identification requirement);
(ii) The certificate of veterinary inspection requirements established at Section (f) (certificate of veterinary inspection and health documentation requirements), which shall list the slaughter facility as the destination; and
(iii) The written Department issued importation permit standards set forth in Section (g) (related to importation permit requirement).
5. Temporary movement of CWD-susceptible cervids for display purposes. A display is defined as exhibition of captive cervids for a period of 10 days or less at an exhibition site in which the herd owner or their agent are the sole caretakers of the cervids. Out of state CWD Herd Certification Program herds at the Certified level as approved by the United States Department of Agriculture in 9 CFR 55.24 may be allowed to establish a temporary display location only after meeting the following requirements:
(i) The location and enclosure shall be for one source of cervid(s). No commingling with other cervids shall occur.
(ii) Exhibition fencing shall meet the following minimum requirements
A. Be constructed, of an adequate design and strength, and maintained in a manner that prevents ingress and egress of any cervid.
B. For all CWD susceptible genus and species, except for Rangifer tarandus, fence height shall be a minimum of 8 feet, measured from the ground to top of the horizontal wire, although a 10-foot height is recommended.
C. Rangifer tarandus fence height shall be a minimum of 5 feet in height.
D. Fencing should extend all the way to the ground around the entire enclosure, gaps under fence shall not exceed 4 inches.
E. No gaps greater than 4 inches shall exist around the entire length of the fence, including gaps surrounding any gates, that would allow ingress and egress of any cervid.
F. Fencing made from sections must be fastened securely together in a manner that prevents ingress and egress of any cervid through the seams or gaps.
G. Exhibit shall be designed and maintained to prevent other CWD susceptible animals from approaching within 30 feet of the exhibit animals.
(iii) Exhibition surface shall meet the following requirements:
A. The floor of the display enclosure shall be an impervious surface and shall not be a temporary barrier over a porous surface like soil, grass or gravel.
B. Site shall be selected so that run-off will not enter display enclosure.
(iv) Movements of display animals
A. Upon receipt of Department issued permit, the cervid(s) detailed on the written permit shall be moved directly to the display enclosure.
B. For all CWD susceptible species, except for Rangifer tarandus, cervid movement is not permitted off the site or enclosure for any reason except for loading and unloading for transport from and to the premises of the Program Participant's or to licensed veterinarian for urgent care.
C. Rangifer tarandus may be removed from enclosure for short excursions. Reindeer must be individually led by lead rope and halter on impervious surfaces that are contiguous with site and enclosure. Reindeer must be immediately returned to enclosure once completed. Strictly no contact with other cervids is permissible.
(v) Adequate biosecurity measures including, but not limited to, those set forth below, shall be employed to prevent contamination of the site and safeguard herd health:
A. Impervious surface shall be cleaned and disinfected prior to addition of display animals.
B. Absorbent bedding shall be utilized to ensure any bodily fluids or excrement are contained to display pen.
C. Entrance into enclosure shall be restricted to herd participant and their agents who are the sole caretakers of the cervids.
D. Clean boots in conjunction with foot baths or disinfectant foot mats shall be utilized by herd participant and agents to lessen risk of carrying pathogens into or out of enclosure.
E. Only clean equipment shall be used within the enclosure and shall be cleaned and disinfected prior to use outside of the enclosure.
F. Feed and forage shall not be set on the floor of the enclosure but shall be fed from elevated feeding troughs or devices.
G. Waste disposal. All bedding and manure shall be bagged and be disposed of by landfill or hauled back to the primary herd premises for composting or disposal.
(vi) All other applicable intrastate movement requirements established by the Domestic Animal Law, its attendant regulations, the General Quarantine Order; Chronic Wasting Disease Program Requirements for Herd Certification and Herd Monitoring Program (44 PaB., NO. 15, 2249, April 12, 2014), this Quarantine Order or other applicable Orders of the Department shall be followed and obeyed.
(vii) Prohibitions—Sites or enclosures that do not meet the requirements in Section 5.(ii) and (iii) shall not host CWD-susceptible cervids.
(e) Animal identification 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 this Commonwealth of Pennsylvania to another destination, shall have two forms of animal identification. One form of identification shall qualify as USDA, APHIS-approved ''official'' animal iden-tification. 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. Consultation with USDA and the Department on currently acceptable forms of identification is strongly recommended when anticipating importation of cervids. Current USDA, APHIS-approved forms of ''official'' identification are:
1. A legible and unique tattoo approved by the Department and USDA, APHIS.
2. A USDA, APHIS-issued ear tag, bearing a unique number provided by USDA, APHIS that utilizes one of the following numbering systems:
(i) The National Uniform Eartagging System (NUES).
(ii) The Animal Identification Number (AIN) bearing 15 digits starting with '840.'
(iii) The premises-based numbering system using a Premises Identification Number (PIN) in conjunction with a livestock production numbering system.
3. An electronic implant device, such as a microchip that utilizes a nationally unique 15 digit animal identification number starting with '840' provided an appropriate reader is immediately available wherever the animal is located.
4. Any other identification device approved in writing by the Department and USDA, APHIS.
(f) 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 Category II accredited veterinarian or equivalent position 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.
1. A single CVI may pertain to any number of farmed or captive cervids, but the CVI shall identify each of the subject farmed or captive cervids by its official approved form of animal identification, as described Section (e) (related to animal identification requirements) of this Quarantine Order.
2. 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.
3. The CVI or its separate accompanying verification shall confirm that the subject CWD-susceptible farmed or captive cervids originates from CWD Herd Certification Program herds at the Certified level as approved by the United States Department of Agriculture in 9 CFR 55.24. The Department will be the final arbiter of whether or not a particular CWD herd certification program is acceptable but, will make this determination in accordance with any applicable USDA or other national standards.
(g) Importation permit requirement. Pennsylvania will issue written importation permits only and exclusively to farmed or captive CWD-susceptible cervids originating from CWD Herd Certification Program herds at the Certified level as approved by the United States Department of Agriculture in 9 CFR 55.24. This restriction also applies to those CWD-susceptible species which will be transported through Pennsylvania en route to a final destination in a state other than Pennsylvania, but which will be off-loaded at a stop-over site in Pennsylvania during transit. Persons meeting the definition of a hauler under the provisions of the Domestic Animal Law (3 Pa.C.S.A. §§ 2303 and 2341—2349) shall be subject to the licensure requirements contained therein. Pennsylvania cervid operations enrolled or required to be enrolled under the ''General Quarantine Order; Chronic Wasting Disease Program Requirements for Herd Certification Program and Herd Monitoring Program,'' (44 Pa.B., NO. 15, 2249, Sections 9.k. and 9.l., April 12, 2014) shall obtain and document the hauler information required by the provisions of that Order.
This written importation permit may be obtained through the Department's Bureau of Animal Health and Diagnostic Services, at (717) 772-2852. Applicants should apply to the Department for this importation permit at least 30 days in advance of the planned importation or shipping date. The application verifies that the importation requirements have been met. The following information is required including animal identification, from which premises, to which premises, CWD herd status, distance to closest CWD positive animal, location, or premises is greater than 15 miles away, Tuberculosis herd status, Brucellosis herd status, dealer/hauler information, and date of movement. Premises, except slaughter facilities, importing farmed or captive CWD-susceptible cervids must be enrolled in one of the CWD programs with the Pennsylvania Department of Agriculture.
III. Violations and Penalties.
Violations/Penalties. Any person violating the requirements of this Quarantine Order shall be subject to imposition of such criminal and civil penalties and remedies as allowed under the Domestic Animal Law (3 Pa.C.S.A. §§ 2380.8, 2383, 2385 and 2386).
IV. Actions of the Department.
No Restriction on Further Action by the Departmen. This Quarantine Order shall not be construed as limiting the Department's authority to establish additional quarantine or testing requirements on imported cervids or to limit the Department's authority under the Domestic Animal Law or any other statutes or regulations administered by the Department.
V. Contact information.
Contact information. Questions regarding this Quarantine Order may be directed to the Commonwealth of Pennsylvania, Department of Agriculture, Bureau of Animal Health, 2301 North Cameron Street, Harrisburg, PA 17110 or by telephone at 717-772-2852, or email at RA-ahds@pa.gov.
VI. Effective Date.
Effective Date. This Quarantine Order in its entirety shall become effective immediately upon publication and shall remain in effect unless rescinded or modified by a subsequent Order.
RUSSELL C. REDDING,
Secretary
[Pa.B. Doc. No. 20-1239. Filed for public inspection September 11, 2020, 9:00 a.m.]
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