NOTICES
DEPARTMENT OF AGRICULTURE
Interstate and International Quarantine Order; Swine Exhibition Requirements
[49 Pa.B. 2916]
[Saturday, June 8, 2019]Recitals
A. African swine fever is a highly contagious hemorrhagic viral disease affecting domestic and wild swine. There is no treatment for or approved vaccine against ASF. African swine fever virus (ASFV) can be spread by live or dead pigs, domestic or wild, and pork products. Transmission can also occur via contaminated feed and fomites (non-living objects) such as shoes, clothes, vehicles, equipment etc., due to the high environmental resistance of ASFV.
B. Section 2321 of the Domestic Animal Law (Law) establishes a list of ''dangerous transmissible disease'' and provides for the designation of additional dangerous transmissible diseases through regulation or temporary order (3 Pa.C.S.A. § 2321).
C. African swine fever (ASF) is specifically designated as a dangerous transmissible disease at section 2321(a)(3) of the Law (3 Pa.C.S.A. § 2321(a)(3)).
D. The Domestic Animal Law (Law) (3 Pa.C.S.A. §§ 2301—2389) and section 1702 of the Administrative Code of 1929 (71 P.S. § 442), provides the Pennsylvania Department of Agriculture (PDA) broad authority to regulate the keeping and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases, such as ASF.
E. This includes authority, set forth at section 2329 of the Law, to establish and enforce quarantine orders ''Whenever a dangerous transmissible disease. . .exists anywhere within or outside of this Commonwealth. . .'' (3 Pa.C.S.A. § 2329(a)).
F. Section 2329(c) of the Law provides specific authority to establish and enforce an interstate and international quarantine order against ''. . .any place or places outside this Commonwealth for any of the reasons set forth in subsection (a) or where dangerous transmissible diseases. . .are reported to exist and such order may ''. . .prohibit the bringing of any domestic animals, conveyances, containers, goods, products or materials into this Commonwealth except in accordance with the requirements set forth in the quarantine order. . .'' (3 Pa.C.S.A. § 2329(c)).
G. ASF is found in countries around the world, particularly in sub-Saharan Africa. More recently, it has spread through China, Mongolia and Vietnam. Since August 2018, China has confirmed more than 50 cases of ASF. The disease is also spreading within the European Union (EU), and the virus has reached 10 member states of the EU.
H. ASF presents serious threats to animal health and the economic vitality of the Commonwealth's swine production industry. Introduction of ASF into the commercial swine herds of this Commonwealth would result in severe economic losses to the infected herd owners as well as loss of valuable National and International trade opportunities for all Pennsylvania's pork producers.
I. The PDA through this Quarantine Order establishes reasonable requirements to allow for movement of swine and products into and within this Commonwealth for exhibition purposes, while protecting against the introduction of ASF into this Commonwealth's commercial production swine population.
Order of Quarantine:
With the foregoing recitals incorporated into this Order of Quarantine by reference, the Pennsylvania Department of Agriculture (PDA) under authority of the Domestic Animal Law, at 3 Pa.C.S.A. § 2329(c) and section 1702 of the Administrative Code of 1929 (71 P.S. § 442), hereby establishes an Interstate and International Order of Quarantine related to the dangerous transmissible disease African Swine Fever (ASF) and the importation or shipment of swine, alive or dead, and any conveyances, containers, goods, products or materials capable of harboring ASF, into and through the Commonwealth of Pennsylvania. The following terms, requirements and restrictions are hereby established with respect to the exhibition of swine within this Commonwealth:
1. Quarantine Area. This Interstate and International Quarantine Order is applicable to all states and territories of the United States and foreign countries and the entire Commonwealth of Pennsylvania and shall be in effect until this Order is specifically rescinded or revised in writing by the PDA.
2. Definitions. The following terms when used in this Order have the following meanings:
Accredited veterinarian. A licensed veterinarian jointly accredited by APHIS-USDA and the Department in the state the veterinarian is licensed to perform official duties on behalf of APHIS-USDA or the Department in the state the veterinarian is licensed to practice veterinary medicine. See accreditation standards established by 9 CFR Parts 160 and 161 (relating to definition of terms; and requirements and standards for accredited veterinarians and suspension or revocation of such accreditation).
Breeding swine—A sexually intact swine over 6 months of age or older or a sexually intact swine 5 months of age or younger selected for producing offspring.
Direct movement to slaughter. Transported to a facility for slaughter, without stops or unloading except for feeding and watering during which the animals are not commingled with any other animals.
Exhibition. A show or display of animals.
Interstate Certificate of Veterinary Inspection (ICVI). An official document issued by a federal, state, tribal, or accredited veterinarian certifying that the animals identified on the document have been inspected and were found to satisfy the regulations pertaining to their intended movement—within the same state, between states, or internationally.
Market swine. A barrow or gilt swine that weighs between 220 and 280 pounds, is approximately 6 months old, and was raised for slaughter.
Recognized slaughter establishment. A slaughter establishment operated under the Federal Meat Inspection Act (21 U.S.C.A. §§ 601—623, 641—645, 661, 671—680 and 691) or a State inspected slaughter establishment.
Slaughter market. An animal market approved by the Department for the sale of slaughter animals in accordance with Chapter 5 (relating to animal markets) and the act of June 22, 1931 (P.L. 650, No. 225) (3 P.S. §§ 431—439), known as the Farm Animal Dealer or Broker License Law.
3. Beginning June 1, 2019, no swine species shall be exhibited in this Commonwealth unless each animal meets all of the following criteria:
a. Is accompanied by an ICVI that was issued not more than 30 days before the date of the show.
b. Shall be permanently identified by an official ear tag and the ear tag number recorded on the CVI.
c. Forms of official ear tag identification include:
i. USDA-issued metal ear tag with a US shield
ii. ISO-compliant 15-digit ear tag starting with ''840''
d. Has been visually inspected for signs of disease prior to unloading at the exhibition by an accredited veterinarian.
4. All breeding swine exhibitions are to occur prior to the arrival of any market swine. Breeding swine shall be removed from the exhibition premises prior to any market swine arriving and the exhibition premises shall be cleaned and decontaminated prior to the arrival of any other swine in accordance with the following requirements:
a. A building or pen used to house swine on a fair or exhibition premises shall be kept in a sanitary condition and shall be cleaned and disinfected after removal of each group of swine by fair or show personnel.
5. All market swine exhibited shall move direct to slaughter following the exhibition and may not be diverted to premises other than a recognized slaughter establishment or a slaughter market.
6. All conveyances, containers, goods, products or materials in contact with swine being shipped or imported into the Commonwealth of Pennsylvania for exhibition shall be cleaned and decontaminated in accordance with the following:
a. A conveyance used for the transportation of swine to fairs and shows shall be cleaned and disinfected by an exhibitor prior to each use and shall be free of visible accumulations of manure.
7. All swine imported into the Commonwealth for exhibition shall meet interstate health requirements established at section 3.131 of PDA's regulations (7 Pa. Code § 3.131).
8. Violations and Penalties. Any person violating the requirements of this Quarantine Order shall be subject to enforcement and penalties as are allowed under the provisions of the Domestic Animal Law (3 Pa.C.S.A. § 2301 et seq.), which include, revocation of license, criminal prosecution and/or civil penalties of up to $10,000 per violation and injunctive relief.
9. No Restriction on Further Action by PDA. This Order shall not be construed as limiting the PDA's authority to establish additional quarantine or testing requirements or take any actions otherwise permitted under applicable statute or regulation.
10. Contact information. Questions regarding this Interstate and International Quarantine Order is 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.
11. Effective Date. This Order is immediately effective as of June 1, 2019 or upon the date of publication in the Pennsylvania Bulletin, whichever date is sooner, and shall remain in effect unless rescinded or modified by subsequent order.
RUSSELL C. REDDING,
Secretary
[Pa.B. Doc. No. 19-859. Filed for public inspection June 7, 2019, 9:00 a.m.]
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