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PA Bulletin, Doc. No. 06-1686

NOTICES

DEPARTMENT OF AGRICULTURE

General Quarantine Order

[36 Pa.B. 4734]
[Saturday, August 26, 2006]

Recitals

   A.  Scrapie is an infectious disease of ovine animals (such as sheep) and caprine animals (such as goats) and is believed to be caused by a prion agent.

   B.  There is no vaccine to protect animals against Scrapie. There is currently no accurate, feasible live-animal test for the presence of Scrapie--nor is there a known cure or treatment for this disease.

   C.  Scrapie is known to be transmissible from infected to uninfected ovine animals and caprine animals by birthing tissues and fluids.

   D.  Scrapie is specifically designated a ''dangerous transmissible disease'' of animals 3 Pa.C.S. § 2321(a)(40) (relating to dangerous transmissible diseases).

   E.  The Department of Agriculture (Department) has broad authority under 3 Pa.C.S. §§  2301--2389 (relating to the Domestic Animal Law) to regulate the keeping and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases, such as Scrapie.

   F.   The Department also has broad authority under the Domestic Animal Law to issue general quarantines with respect to any area or locality within this Commonwealth to exclude, contain or eliminate dangerous transmissible diseases, such as Scrapie.

   G.  Scrapie is of particular concern to the ovine animal and caprine animal production industries, in that presence of Scrapie may result in the Department ordering the condemnation and destruction of the entire affected flock or herd and may severely limit the market for product of this Commonwealth.

   H.  Scrapie is known to be present in ovine animals and caprine animals in states outside of this Commonwealth and is occasionally diagnosed among ovine animals and caprine animals within this Commonwealth.

   I.  As a condition of maintaining this Commonwealth's ''Scrapie Consistent State Status'' under the United States Department of Agriculture's (USDA's) ongoing Scrapie eradication effort, it is critical that the Department have the ability to promptly and accurately identify the source of a Scrapie-infected ovine animal or caprine animal originating within this Commonwealth.

Order of Quarantine.

   With the foregoing recitals incorporated into this Order by reference, the Pennsylvania department of agriculture (PDA) hereby establishes a General Quarantine under authority of the Domestic Animal Law, at 3 Pa.C.S.A. § 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.  Prohibitions.

   i.  Importation. No ovine or caprine animal shall be imported into the Commonwealth of Pennsylvania without a PDA-approved form of individual identification.

   ii.  Through-shipment. No ovine or caprine animal that is being shipped through the Commonwealth of Pennsylvania to another destination shall be temporarily unloaded from the vehicle or conveyance in which it is being transported without a PDA-approved form of individual identification.

   3.  Individual Identification of Animals. All ovine animals and caprine animals born within the Commonwealth shall be identified by a PDA-approved form of individual identification prior to being transported live from their premises of birth.

   4.  Types of PDA-approved Individual Identification. PDA-approved forms of identification include the following:

   (a)  An ear tag that has been issued by the United States Department of Agriculture (USDA).

   (b)  A USDA-Approved Custom Ear Tag.

   (c)  A registration tattoo, if:

   (i)  The tattoo is legible; and

   (ii)  A registration certificate or a Certificate of Veterinary Inspection, listing the tattoo and registry, accompanies the tattooed ovine animal or caprine animal at all times from transport from premises of birth.

   (d)  A USDA-Approved Custom Tattoo.

   (e)  A USDA Animal Identification Number (AIN)--whether an ear tag or other USDA-approved form of identification affixed to or accompanying the ovine animal or caprine animal at all times from transport from premises of birth.

   (f)  Another form of identification approved by PDA in writing.

   5.  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.

   6.  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 or take any actions otherwise permitted under applicable statute or regulation.

   7.  Effective Date. This Order is immediately effective September 1, 2006, and shall remain in effect unless rescinded or modified by subsequent order.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 06-1686. Filed for public inspection August 25, 2006, 9:00 a.m.]


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