NOTICES
DEPARTMENT OF AGRICULTURE
Interstate/International Quarantine Order; Scrapie
[50 Pa.B. 4754]
[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 the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389) 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 establish and enforce an Interstate and International quarantine against any place or places outside the Commonwealth of Pennsylvania (Commonwealth) to exclude, contain or eliminate dangerous transmissible diseases such as Scrapie. (3 Pa.C.S.A. § 2329(c)).
G. Scrapie is of particular concern to the ovine and caprine animal 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 the 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 outside of the Commonwealth and now residing within the Commonwealth.
Order of Quarantine
With the foregoing recitals incorporated into this Order by reference, the Pennsylvania Department of Agriculture under authority of the Domestic Animal Law, at 3 Pa.C.S.A. § 2329(c) and § 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 Scrapie and the importation or shipment of ovine and caprine animals into and through the Commonwealth of Pennsylvania. 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 Interstate and International Order of Quarantine is applicable to all States, Commonwealths and territories of the United States of America and any foreign country in which the dangerous transmissible disease Scrapie exists or there is a reasonable suspicion it exists.
2. The current Quarantine Order, published on January 31, 2020 at 50 Pa.B. 678 is rescinded upon publication of this Quarantine Order.
3. Applicable definitions.
''Department-approved form of identification''—Approved form of individual identification, as set forth in Paragraph 6 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 subparagraphs (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.
''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 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, 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. 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 for importation or shipment into the Commonwealth of Pennsylvania shall ensure that each animal is identified with a Department-approved form of identification, as set forth in Paragraph 6 of this Order, and as otherwise required in this Interstate and International 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 for importation or shipment into the Commonwealth of Pennsylvania 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 and owner-shipper or owner-hauler statements.
(iii) Records establishing the place and source of origin.
(iv) A copy of the Interstate Health Certificate.
(c) Duration and availability of records. Records shall be maintained for five years and made available to the Department or its agent upon request.
5. Prohibitions.
(a) Importation. The following prohibitions and restrictions shall apply:
(i) Importation or shipment into the Commonwealth. No ovine or caprine animal of any age shall be imported or shipped into the Commonwealth of Pennsylvania without a Department-approved form of identification, and the animals must be accompanied in transit with either a valid Interstate Health Certificate, or owner-shipper or owner-hauler statement if the animals are moving within slaughter channels.
(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 identification and is accompanied by a valid Interstate Health Certificate, or an owner-shipper or owner-hauler statement if moving within slaughter channels, and any other documents necessary to fulfill the recordkeeping provisions of Paragraph 4 of this Order.
(iii) Through-shipment. No ovine or caprine animal of any age that is being shipped through the Commonwealth of Pennsylvania to another destination outside of the Commonwealth of Pennsylvania shall be temporarily unloaded in the Commonwealth of Pennsylvania from the vehicle or conveyance in which it is being transported without a Department-approved form of identification, as required by Paragraph 6 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 out-of-state animals found in commerce without identification. The following shall apply to any ovine or caprine animal moving in commerce and not bearing a Department-approved form of identification and accompanied by a valid ICVI, or owner-shipper or owner-hauler statement if the animals are moving within slaughter channels:
(i) Animals Entering the Commonwealth for Sale or Transfer to a Licensed Livestock Dealer or Livestock Market.
(a) Upon transfer of any ovine or caprine animal without official identification to a person licensed or required to be licensed as a dealer/hauler or livestock market, an official USDA ''slaughter-only''/''meat'' scrapie tag shall be applied by the licensed entity and a record made of each animal which shall meet the standards established in Paragraph 4 of this Order. Such animals shall be designated slaughter-only and must either be sold to a terminal feedlot or sent directly to slaughter; or
(b) Prior to unloading and transfer of any ovine or caprine animal without official identification the animal shall be returned to the farm of origin and a Department-approved form of identification applied.
(ii) Animals Entering the Commonwealth for Private Sale or Other Transfer. Any animal found in commerce without a Department-approved form of identification and not transferred to a licensed dealer/hauler or livestock market shall either:
(a) Immediately and before unloading or commingling with any other ovine or caprine animals be returned to the farm of origin for application of a Department-approved form of identification; or
(b) 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 an official USDA ''slaughter-only''/''meat'' scrapie tag and a record made as set forth in subparagraph (b)(i)(a) of Paragraph 5 of this Order.
6. Department-approved Identification. Department-approved forms of identification of individual animals 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 an Interstate Health Certificate listing the tattoo and registry accompanies the tattooed ovine 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.
7. 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.
8. 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.
9. Contact information. Questions regarding this Interstate/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.
10. Effective Date. This Order is immediately effective as of January 1, 2021 and shall remain in effect unless rescinded or modified by subsequent order.
RUSSELL C. REDDING,
Secretary
[Pa.B. Doc. No. 20-1275. Filed for public inspection September 18, 2020, 9:00 a.m.]
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