Subchapter A. GENERAL PROVISIONS
Sec.
9.1. Definitions.
9.2. Authorization and application of official test.
9.3. Reports of tests conducted.
9.4. Identification of animals.
9.5. Animals to be tested (cattle, goats and bison).
9.6. Animals not to be tested.
9.7. Injury disclaimer.
9.8. Livestock auction or stockyard quarantine.
9.9. Right of the Commonwealth to test.§ 9.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Bureau—The Bureau of Animal Industry of the Department.
Department—The Department of Agriculture of the Commonwealth.
Director—The Director of the Bureau of Animal Industry.
Official tests—The term includes the following:(i) The intradermic test which shall consist of an intradermal injection of 0.1cc of tuberculin into the caudal fold.
(ii) Cervical test. This test shall be used and applied only by full-time employed State or Federal regulatory veterinarians and consists of an intradermal injection of .2cc of tuberculin in the cervical area. This test is used as a retest of known mycobacterium bovis infected herds.
(iii) Comparative cervical test. This test shall only be applied by approved regulatory veterinarians and consists of an intradermal injection of .1cc of standardized mammalian and avian tuberculin at separate cervical sites.
(iv) Tests shall be read 72 hours after injection date.
Reactor—An animal that is positive to the tuberculin test, indicating infection with the organism myobacterium tuberculosis. A retest may be granted at any time on any animal that has been designated a reactor.
Tuberculosis—An infectious, communicable disease, characterized by the formation of small nodules or tubercles, caused by the bacteria mycobacterium tuberculosis.
USDA-APHIS—United States Department of Agriculture, Animal and Plant Health Inspection Service.
Source The provisions of this § 9.1 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099. Immediately preceding text appears at serial page (1420).
§ 9.2. Authorization and application of official test.
A person may not apply the official test to a complete herd without prior authorization from the Bureau. Authorization may not be required for a partial herd test. Officials of the Bureau reserve the right to supervise the tests conducted.
Source The provisions of this § 9.2 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099. Immediately preceding text appears at serial page (1420).
§ 9.3. Reports of tests conducted.
(a) Reports of tests shall be signed by the accredited veterinarian who actually engaged in the physical application of the official test. The herd number shall be included on reports. Reports shall be submitted not later than 15 days following the date of application of the test. The veterinarian conducting the test shall furnish the herd owner with a copy of the test report, unless the test is combined with a brucellosis test.
(b) Animals may not be removed from the owner’s premise from the time they are injected with tuberculin until the test has been read in 72 hours and the animals have been declared negative.
Source The provisions of this § 9.3 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099. Immediately preceding text appears at serial page (1421).
§ 9.4. Identification of animals.
(a) Purebred and registered animals tested shall be identified on the test report by ear tag number, age or date of birth, sex, breed, name and registry number.
(b) Grade animals tested shall be identified on the test report by ear tag number, age, sex, breed and description.
(c) Chain tags may not be acceptable for identification. Ear notches, tattoos or other permanent identification will be accepted for species other than cattle.
Source The provisions of this § 9.4 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099. Immediately preceding text appears at serial page (1421).
§ 9.5. Animals to be tested (cattle, goats and bison).
(a) Individual plan for accreditation—test all animals over 24 months of age.
(b) Other tests—test animals regardless of age.
Authority The provisions of this § 9.5 amended under the Domestic Animal Law, 3 Pa.C.S. § § 2321(a)(12) and (38), 2327, 2329 and 2382.
Source The provisions of this § 9.5 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1791. Immediately preceding text appears at serial page (144249).
Cross References This section cited in 7 Pa. Code § 9.41 (relating to requirements for participation).
§ 9.6. Animals not to be tested.
Retests of tuberculin response cattle, goats and bison may not be conducted for 60 days following the last test because of desensitization. The exception is the retest of response animals by the comparative cervical test which can be done within 10 days of the previous caudal test by approved regulatory veterinarians only and if over 10 days then the comparative cervical test shall be conducted after 60 days.
Authority The provisions of this § 9.6 amended under the Domestic Animal Law, 3 Pa.C.S. § § 2321(a)(12) and (38), 2327, 2329 and 2382.
Source The provisions of this § 9.6 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1791. Immediately preceding text appears at serial page (144249).
§ 9.7. Injury disclaimer.
The Department, or any cooperating Federal agency, their agents or representatives, may not be responsible for unfavorable results or injuries to animals that might be caused by handling or testing.
Source The provisions of this § 9.7 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099. Immediately preceding text appears at serial page (1421).
§ 9.8. Livestock auction or stockyard quarantine.
(a) Animals that fail to pass a satisfactory physical examination and tuberculin test, whether applied within this Commonwealth or elsewhere, while at a livestock auction or stockyard, shall be confined in separate enclosures set aside for the purpose, designated as quarantine pens and under supervision of the Bureau.
(b) Quarantined animals confined in quarantine pens shall be fed and watered by, or at the expense of the owner.
Source The provisions of this § 9.8 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099. Immediately preceding text appears at serial page (1421).
§ 9.9. Right of the Commonwealth to test.
The Commonwealth reserves the right to test an animal for tuberculosis at any time. It shall be unlawful for a person to interfere or refuse to confine so as to allow testing without undue burden on the person testing, or to present his domestic animals or poultry for testing by officers or agents of the Department in the performance of duties imposed by this chapter after reasonable notice of the proposed testing has been given.
Source The provisions of this § 9.9 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3099. Immediately preceding text appears at serial page (1422).
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