NOTICES

DEPARTMENT OF AGRICULTURE

General Quarantine Order; Scrapie

[50 Pa.B. 4751]
[Saturday, September 19, 2020]

Recitals

 A. Scrapie is an infectious and progressive disease affecting the central nervous system (CNS) of ovine and caprine animals and belongs to a group of diseases called transmissible spongiform encephalopathies (TSEs).

 B. There is no vaccine to protect animals against Scrapie, nor is there a known cure or treatment for this disease.

 C. Scrapie is known to be transmissible from infected to uninfected ovine 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)(36) relating to dangerous transmissible diseases)).

 E. The Pennsylvania 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 the Commonwealth of Pennsylvania (Commonwealth) to exclude, contain or eliminate dangerous transmissible diseases such as Scrapie (3 Pa.C.S.A. § 2329(d)).

 G. Scrapie is of particular concern to the ovine and caprine production industries, in that the 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 ovine and caprine animal products from this Commonwealth.

 H. Scrapie is known to be present in ovine and caprine animals in States, Commonwealths and territories of the United States and in foreign countries outside of the Commonwealth of Pennsylvania and is occasionally diagnosed among ovine and caprine animals within this Commonwealth. In August 2018, a Pennsylvania goat, which had been sampled at slaughter in July, was confirmed positive for classical scrapie. The goat was traced to a Pennsylvania herd that has both sheep and goats. The herd was designated as a source flock by the United States Department of Agriculture (USDA) in September 2018. An additional five sheep and one goat were confirmed positive for classical scrapie within that herd.

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

Order of Quarantine.

 With the foregoing recitals incorporated into this Order by reference, the Pennsylvania Department of Agriculture hereby establishes, under authority of the Domestic Animal Law, at 3 Pa.C.S.A. § 2329(d) and § 1702 of the Administrative Code of 1929 (71 P.S. § 442), an Order of General Quarantine for the entire Commonwealth of Pennsylvania related to the dangerous transmissible disease Scrapie. Compliance and assurance of compliance with the provisions and terms of this Quarantine Order shall be the responsibility of all persons, individuals and entities subject to its terms. The terms of this Order are as follows:

 1. Quarantine Area. This General Quarantine is applicable to the entire Commonwealth of Pennsylvania.

 2. The current Quarantine Order, published on August 26, 2006 at 36 Pa.B. 4734 will remain in place and be rescinded upon the effective date, January 1, 2021 of this Quarantine Order.

 3. Applicable definitions:

 ''Department-approved form of identification''—Approved form of individual identification, as set forth in Paragraph 5 of this Order.

 ''Direct movement to slaughter''—Transported to a facility for slaughter, without stops or unloading unless required by the USDA to unload for a minimum of five hours for rest, water and food, but no longer than 24 hours during which time the animals are not commingled with any other animals.

 ''Interstate Health Certificate'' or ''ICVI''—A legible official document issued by the chief livestock health official of the state of origin, or the USDA, prepared by an accredited veterinarian of the state of origin certifying the health of the animal described therein, and validated by the chief livestock health official of the state of origin.

 ''Owner-shipper statement or owner-hauler statement''—A statement which meets the definition of 9 CFR § 79.1 as follows:

 (a). A signed written statement by the owner or hauler that includes:

 i. The name, address, and phone number of the owner and, if different, the hauler;

 ii. The date the animals were moved;

 iii. The flock identification number or PIN assigned to the flock or premises of the animals;

 iv. If moving individually unidentified animals or other animals required to move with a group/lot identification number, the group/lot identification number and any information required to officially identify the animals;

 v. The number of animals;

 vi. The species, breed, and class of animals—if breed is unknown, for sheep the face color and for goats the type (milk, meat, or fiber) must be recorded instead; and

 vii. The name and address of point of origin, if different from the owner's address, and the destination name and address.

 (b). An existing document that includes the information required in paragraphs (a)(i) to (vii) of this definition and that is signed by the owner or hauler may be used as an owner-shipper or owner-hauler statement.

 ''Pennsylvania health certificate''—A legible official document, made on a form (AAI-13) provided by the Department and prepared by an accredited Pennsylvania veterinarian or a representative of the Department certifying the health of the animals described therein according to the health requirements established by Title 7, Chapter 3 of the PA Code.

 ''Ship''—Transport or transportation by means of any conveyance.

 ''Slaughter establishment''—Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) or a State meat or poultry inspection act that is approved in accordance with 9 CFR 71.21.

 ''Slaughter channels''—Animals in slaughter channels include any animal that is sold, transferred, or moved either directly to or through a restricted animal sale or restricted livestock facility to an official slaughter establishment that is under the USDA Food Safety and Inspection Service (FSIS) jurisdiction per the Federal Meat Inspection Act (FMIA); or under State inspection that FSIS has recognized as at least equal to Federal inspection; or to a custom exempt slaughter establishment as defined by FSIS (9 CFR 303.1) for immediate slaughter; or to an individual for immediate slaughter for personal use; or to a terminal feedlot.

 ''Source of origin''—An ovine flock or caprine herd in which an animal was born; or an ovine flock or caprine herd in which an ewe or doe was used for breeding or lambed or kidded; or an ovine flock or caprine herd in which a ram or buck was used for breeding.

 ''Terminal feedlot''—(1) A dry lot approved by a State or USDA APHIS (APHIS) representative or an accredited veterinarian who is authorized by the APHIS Administrator to perform this function where: (1) Animals in the terminal feedlot are separated from all other animals by at least 30 feet at all times or are separated by a solid wall through, over, or under which fluids cannot pass and contact cannot occur and must be cleaned of all organic material prior to being used to contain ovine or caprine animals that are not in slaughter channels, where only castrated males are maintained with female animals and from which animals are moved only to another terminal feedlot or directly to slaughter; or (2) A dry lot approved by a State or APHIS representative or an accredited veterinarian authorized by the APHIS Administrator to perform this function where only animals that either are not pregnant based on the animal being male, an owner certification that any female animals have not been exposed to a male in the preceding six months, or an ICVI issued by an accredited veterinarian stating the animals are not pregnant; or the animals are under six months of age at time of receipt, where only castrated males are maintained with female animals, and all animals in the terminal feedlot are separated from all other animals such that physical contact cannot occur including through a fence and from which animals are moved only to another terminal feedlot or directly to slaughter; or (3) A pasture when approved by and maintained under the supervision of the State and in which only nonpregnant animals are permitted based on the animal being male, an owner certification that any female animals have not been exposed to a male in the preceding six months, or a Pennsylvania health certificate or ICVI issued by an accredited veterinarian stating the animals are not pregnant; or the animals are under six months of age at time of receipt, where only castrated males are maintained with female animals, where there is no direct fence-to-fence contact with another flock or herd, and from which animals are moved only to another terminal feedlot or directly to slaughter; and (4) Records of all animals entering and leaving a terminal feedlot must be maintained for five years after the animal leaves the terminal feedlot and must meet the requirements of 9 CFR § 79.2, including either a copy of the required owner-shipper or owner-hauler statements for animals entering and leaving the facility or the information required to be on the statements.

 ''Transfer''—Any sale, distribution, exchange, barter, trade, consignment, give away or transfer of ownership or title.

 ''Unknown source of origin''—Animals not properly identified in a manner compliant with Federal and Commonwealth requirements, including those established in this Order and are not accompanied by a signed owner-shipper or owner-hauler statement setting forth all the required information.

 4. Department-approved form of identification required.

 (a) General Requirements. All ovine or caprine animals born within the Commonwealth shall be identified by a Department-approved form of official individual identification, meeting the requirements of Paragraph 7 of this Order, prior to being transported live from their premises of birth and prior to being commingled with ovine or caprine animals from other flocks or herds.

 (b) Responsibility. The owner and any person responsible for animals leaving a premises shall ensure that each animal is properly identified as required by this Order.

 (c) Exhibition. All ovine and caprine animals entered for exhibition purposes in the Commonwealth must also bear Department-approved forms of official individual identification meeting the requirements of Paragraph 7 of this Order.

 (d) Exemptions. Exemptions to Department-approved forms of official individual identification requirements include animals moved from the farm of origin for veterinary medical examination or treatment and returned to the same location without change of ownership.

 5. Individual Identification of Animals and Records

 (a) Individual Identification. Each person who transfers, buys or sells, for his or her own account; acts as or transfers, buys or sells as a dealer or the agent of the buyer or seller; transports, receives for transportation, offers for sale or transportation, or otherwise handles ovine or caprine animals in intrastate commerce within Pennsylvania, shall ensure each animal is identified with a Department-approved form of official identification, as set forth in Paragraph 7 of this Order, and as required in this General Quarantine Order.

 (b) Records. All records shall include name and address of seller and buyer, date of transfer, number of animals, species and type (milk, meat, or fiber). Each person who transfers, buys or sells for his or her own account; acts as or transfers, buys or sells as a dealer or the agent of the buyer or seller; transports, receives for transportation, offers for sale or transportation, or otherwise handles ovine or caprine animals shall keep all of the following records for each individual ovine or caprine animal:

 (i) Records related to the transfer of ownership, such as bills of sale and tagging records.

 (ii) Records related to shipment, such as bills of lading or owner-shipper statement or owner-hauler statement.

 (iii) Records establishing the place and source of origin.

 (iv) A copy of the Interstate Health Certificate or Pennsylvania Health Certificate.

 (c) Duration and availability of records. Records shall be maintained for five years and made available to the Department or its agent within one business day upon request.

 6. Prohibitions.

 (a) Intrastate movement. The following prohibitions and restrictions shall apply:

 (i) Shipment within the Commonwealth. No ovine or caprine animal of any age shall be shipped within the Commonwealth without a Department-approved form of official identification, as set forth in Paragraph 7 of this Order.

 (ii) Transfer of ownership. No ovine or caprine animal, of any age, shall be offered for sale, sold or transferred unless that animal bears a Department-approved form of official individual identification, as set forth in Paragraph 7 of this Order, and is accompanied by valid documents necessary to fulfill the recordkeeping provisions of Paragraph 5 of this Order.

 (iii) Through-shipment. No ovine or caprine animal, of any age, that is being shipped through the Commonwealth to another destination outside of the Commonwealth shall be temporarily unloaded, in the Commonwealth, from the vehicle or conveyance in which it is being transported without a Department-approved form of official individual identification, as required by Paragraph 7 of this Order.

 (iv) Livestock Auction Market Dock Slips. A dock slip shall not be considered a valid owner-shipper statement or owner-hauler statement unless it meets the definition of 9 CFR § 79.1.

 (b) Remedies for Pennsylvania Origin animals found in commerce without identification. The following shall apply to any ovine or caprine animals, of Pennsylvania origin, moving in commerce and not bearing a Department-approved form of official individual identification as required by Paragraph 7 of this Order;

 (i) Animals for Sale or Transfer to a Licensed Livestock Dealer or Livestock Market.

 (a) Unknown source of origin. Upon transfer of any ovine or caprine animal with an unknown source of origin to a person licensed or required to be licensed as a dealer/hauler or livestock market, the animal shall be immediately tagged with an official USDA ''slaughter-only''/''meat'' scrapie tag by the licensed entity and a record made of each animal which shall meet the standards established in Paragraph 5 of this Order. Such animals shall be designated slaughter-only and must either be sold to a terminal feedlot or sent directly to slaughter.

 (b) Known Pennsylvania source of origin. Upon transfer of any ovine or caprine animal with a known Pennsylvania source of origin to a person licensed or required to be licensed as a dealer/hauler or livestock market, the Department-approved owner attestation statement appearing below shall be included on the owner-shipper or owner-hauler statement, completed and signed.

Attestation Statement for PA Herd or
Flock of Origin

For Untagged Sheep and Goats of PA Origin:

 I affirm that I am the owner of these animals and they were

   ____ Born on my farm in Pennsylvania

   ____ Used for breeding or gave birth on my farm in Pennsylvania

   ____ Brought to the market with flock or herd of origin documentation

Ear Tag Number(s) Applied: ______ to ______

Owner Signature _________________

 After such attestation statement is signed a Department-approved form of official individual identification may be placed in each animal and a record shall be made of each animal which shall meet the standards established in Paragraph 5 of this Order. The attestation statement may be used temporarily by a producer/owner with Pennsylvania origin animals until a premises identification number and official flock identification number is assigned by the United States Department of Agriculture APHIS Veterinary Services. Use of this statement will result in follow up by the Pennsylvania Department of Agriculture or the United State Department of Agriculture APHIS Veterinary Services to ensure the producer/owner establishes a premises identification number and an official flock identification number.

 Once the source of origin is documented the licensed dealer/hauler or livestock market shall apply an official USDA scrapie tag and the animal may be sold for breeding or slaughter. The attestation statement for Pennsylvania herd or flock of origin shall not be used for any ovine or caprine originating from outside of Pennsylvania.

 (ii) Animals for Private Sale or Other Transfer. Any animal found in commerce without a Department-approved form of official identification not transferred to a dealer/hauler or livestock market shall either:

 (a) Return to the farm of origin for application of a Department-approved form of official individual identification;

 (b) Provide documentation of the source of origin and proceed to the final destination where, immediately upon arrival, Department-approved form of official individual identification shall be placed in each animal; and a record made of each animal which shall meet the standards established in Paragraph 5 of this Order; or

 (c) If the source of origin is not known or cannot be properly documented in accordance with the requirements of this Order, proceed to a licensed dealer/hauler or livestock market where, immediately upon arrival, each animal shall be tagged with a an official USDA ''slaughter-only''/''meat'' scrapie tag by the licensed entity and a record made of each animal which shall meet the standards established in Paragraph 5 of this Order.

 7. Types of Department-approved Individual Identification. Department-approved forms of identification include the following:

 (a) USDA official National Scrapie Eradication Program tag or official Scrapie Free Flock Certification Program tag;

 (b) USDA official Animal Identification Number (AIN) Ear Tag approved for sheep and goats;

 (c) A registration tattoo, if

 (i) The tattoo is legible; and

 (ii) A registration certificate or a Pennsylvania health certificate or ICVI, 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 Flock ID Tattoo; and

 (e) Another form of identification approved by the Department in writing.

 8. Violations/Penalties. Any person violating the requirements of this 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 the Department. This Order shall not be construed as limiting the Department'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 may be addressed 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 by email at RA-ahds@pa.gov.

RUSSELL C. REDDING, 
Secretary

[Pa.B. Doc. No. 20-1274. Filed for public inspection September 18, 2020, 9:00 a.m.]

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