Subchapter D. BREEDING ANIMALS

Sec.

5.41.    Cattle entering this Commonwealth.
5.42.    Animal markets approved to sell breeding animals.
5.43.    Health certificate.
5.44.    Vehicular sanitation.
5.45.    Checking of health certificates.
5.46.    Quarantine of sick or diseased animals.
5.47.    Slaughter animals.
5.48.    False marking.
5.49.    Feeder cattle.

§ 5.41. Cattle entering this Commonwealth.

 Cattle brought into this Commonwealth shall enter in compliance with Chapter 3 (relating to health requirements for importation and intrastate transportation of animals).

Authority

   The provisions of this §  5.41 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.41 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144212).

§ 5.42. Animal markets approved to sell breeding animals.

 Animal markets approved to sell breeding animals shall maintain a stable separate from the facilities, other than the sale ring, used in the sale of other livestock. When the stable is not in use, it shall be closed to other animals unless permission is granted by the Department for the use of these facilities for other purposes. Breeding animals shall be sold prior to slaughter and feeding animals if using a common sales ring. The breeding sale stable shall conform with the following requirements. The stable shall:

   (1)  Have a floor constructed with cement or equally waterproof material and with adequate drainage.

   (2)  Have walls and partitions constructed of a material that can be readily cleaned and disinfected.

   (3)  Contain one or more isolation pens.

   (4)  Have a separate unloading platform used exclusively for healthy breeding animals.

Authority

   The provisions of this §  5.42 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.42 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended May 2, 1980, effective May 3, 1980, 10 Pa.B. 1775; amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial pages (144212) to (144213).

§ 5.43. Health certificate.

 Cattle sold at livestock auctions shall meet the health certification requirements for transportation established by Chapter 3 (relating to health requirements for importation and intrastate transportation of animals) and 9 CFR Chapter 1 Subchapter C (relating to interstate transportation of animals (including poultry) and animal products).

Authority

   The provisions of this §  5.43 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.43 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended May 2, 1980, effective May 3, 1980, 10 Pa.B. 1775; amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702. Immediately preceding text appears at serial pages (50380) to (50381).

§ 5.44. Vehicular sanitation.

 Breeding animals sold at animal markets shall be transported in cleaned and disinfected trucks and shall be maintained in transit so that their health status will be retained.

Authority

   The provisions of this §  5.44 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.44 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial pages (144213) to (144214).

§ 5.45. Checking of health certificates.

 Checking of health certificates of animals presented at the animal market is the responsibility of the management of the market and Department personnel.

Authority

   The provisions of this §  5.45 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); section 1702 of The Administrative Code of 1929 (71 P. S. §  442); and the Domestic Animal Law, 3 Pa.C.S. § §  2321(a)(12) and (38), 2327, 2329 and 2382.

Source

   The provisions of this §  5.45 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended May 2, 1980, effective May 3, 1980, 10 Pa.B. 1775; amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1791. Immediately preceding text appears at serial page (160923).

§ 5.46. Quarantine of sick or diseased animals.

 (a)  Animals showing evidence of being sick or diseased shall be subject to quarantine restrictions, and shall be moved only on written permit issued by the Department for slaughter or proper disposal under Department or USDA-APHIS supervision.

 (b)  Quarantine or identification tags may not be removed by unauthorized persons.

 (c)  The disposal or removal of breeding animals showing evidence of sickness or disease shall be at the discretion of the Department.

Authority

   The provisions of this §  5.46 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.46 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended May 2, 1980, effective May 3, 1980, 10 Pa.B. 1775; amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial pages (144214) to (144215).

§ 5.47. Slaughter animals.

 (a)  Cattle consigned to an animal market for slaughter may not be sold for another purpose and shall be slaughtered within 10 days.

 (b)  Cattle sold for slaughter through an animal market shall be identified by markings as specified under the USDA-APHIS Market Cattle Identification (Backtag) Program.

 (c)  Cattle back tag number and sales tag number shall be shown on the bill of sale and on the animal market records.

Authority

   The provisions of this §  5.47 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.47 amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended January 27, 1978, effective January 28, 1978, 8 Pa.B. 246; amended May 2, 1980, effective May 3, 1980, 10 Pa.B. 1775; amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144215).

§ 5.48. False marking.

 (a)  A person may not knowingly and falsely place, attach or use on cattle, or cause to be placed, attached or used on cattle a tag, emblem or marking that misrepresents or conceals the health of the cattle with intent to interfere or deceive in the examining, testing, vaccinating or selling of the cattle.

 (b)  A person may not knowingly and falsely change, transfer or alter a tag, emblem or marking of cattle to be changed or removed with intent to interfere or deceive in the examining, testing, vaccinating or selling of the animal.

Authority

   The provisions of this §  5.48 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.48 amended March 23, 1990, effective March 24, 1990, 20 Pa.B. 1702. Immediately preceding text appears at serial page (50382).

§ 5.49. Feeder cattle.

 Feeder cattle shall be identified by a sales tag. A record identifying the cosignor shall be maintained by the animal market management for at least 2 years for disease traceback purposes.

Authority

   The provisions of this §  5.49 amended under section 40 of the act of July 22, 1913 (P. L. 928, No. 441) (3 P. S. §  430); and section 1702 of The Administrative Code of 1929 (71 P. S. §  442).

Source

   The provisions of this §  5.49 adopted March 15, 1974, effective March 16, 1974, 4 Pa.B. 459; amended November 28, 1975, effective November 29, 1975, 5 Pa.B. 3098; amended December 10, 1976, effective December 11, 1976, 6 Pa.B. 3048; amended January 27, 1978, effective January 28, 1978, 8 Pa.B. 246; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3688. Immediately preceding text appears at serial page (144216).

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