Permanent Final Adoptions
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15. Animal Industry
[OAR Docket #10-1044]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:Subchapter 1. General Provisions
35:15-1-2 [AMENDED]
Subchapter 9. Livestock Dealers and Livestock Special Sales
Part 3. Livestock Special Sales
35:15-9-8 [AMENDED]
35:15-9-9 [AMENDED]
35:15-9-11 [REVOKED]
Subchapter 11. Importation of Livestock, Poultry, and Pets
Part 7. Livestock
35:15-11-20 [AMENDED]
Subchapter 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets
35:15-13-1 [AMENDED]
35:15-13-3 [AMENDED]
35:15-13-5 through 35:15-13-7 [AMENDED]
Subchapter 15. Equine Infectious Anemia (EIA)
Part 5. Change of Ownership of Equidae
35:15-15-51 [AMENDED]
Part 7. Requirements for Approved Markets
35:15-15-71 [AMENDED]
35:15-15-72 [AMENDED]
Part 9. Equine Exhibitions
35:15-15-91 [AMENDED]
Part 11. Requirements for Equidae Entering Oklahoma
35:15-15-111 [AMENDED]
Subchapter 22. Swine Pseudorabies
Part 1. General Provisions
35:15-22-2 [AMENDED]
Part 3. Requirements for Swine Entering Oklahoma
35:15-22-31 [AMENDED]
35:15-22-32 [AMENDED]
Part 7. Requirements for Swine Exhibitions
35:15-22-71 [AMENDED]
Part 9. Requirements for Approved Markets
35:15-22-91 [AMENDED]
Subchapter 24. Swine Brucellosis
Part 1. General Provisions
35:15-24-3 [AMENDED]
Subchapter 34. Feral Swine
35:15-34-3 [AMENDED]
AUTHORITY:2 O.S. ยงยง 2-4; Article 6, Section 31, Constitution of the State of Oklahoma
DATES:Comment period:
February 1, 2010 through March 3, 2010
Public hearing:
March 3, 2010Submitted to Governor:
March 17, 2010Submitted to House:
March 17, 2010Submitted to Senate:
March 17, 2010Gubernatorial approval:
April 14, 2010Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 13, 2010
Final adoption:
May 13, 2010SUPERSEDED EMERGENCY ACTIONS:
N/AINCORPORATIONS BY REFERENCE:
N/AThe proposed rules cleanup the general provisions of the animal health rules by clarifying the official identification definition. In addition, in the remainder of the proposed rules, animal identification terminology is revised to the term official identification. The proposed changes to the livestock special sales section modifies the list of items necessary for recordkeeping and deletes obsolete language. The requirements for denial of entry for animals from a state with a premise quarantined for vesicular stomatitis was changed to a county quarantined area. In testing and inspection for disease and release of livestock at auction markets, the changes are to be consistent with federal brucellosis requirements, and to clarify what types of livestock auctions are required to employ an approved veterinarian. The rules also clarify the responsibilities of the approved veterinarian at the livestock auction. Next, the rules clean up the rules related to equine infectious anemia, clarifying the equine passport acceptance in Oklahoma. The swine pseudorabies and brucellosis rules contain language clarifying entry requirements for swine entering the state. Finally, feral swine rules are amended to address movement of feral swine directly to slaughter within the state.
CONTACT PERSON:
Teena Gunter, Oklahoma Department of Agriculture, Food, and Forestry (405) 522-4576
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S. SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 25, 2010:
SUBCHAPTER 1. General Provisions
35:15-1-2. Definitions
The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:
"Accredited veterinarian" means a veterinarian approved by the United States Department of Agriculture (USDA) to perform functions required for state or cooperative state and federal animal disease control and eradication programs.
"Backtag" means a USDA approved identification system consisting of a tag of special tough paper, bearing identification codes relating to origin of animals, which are stuck to the back of animals with very strong glue. The backtag is designed for easy reading in sale barns, short life and to help with traceback during investigation of the origin of disease outbreaks.
"Certificate of veterinary inspection" means an official document or its electronic equivalent approved by the chief livestock official of the state of origin issued by an accredited veterinarian at the point of origin of a shipment of animals that includes the name and address of the consignor; the name and address of the consignee; the entry permit number, if applicable; the age, sex, number, and breed of the animal; sufficient identifying marks or tags to positively identify each animal; and the results of all required tests. It shall also include a record of a physical examination of the animal verifying that each animal is free from visible evidence of any contagious, infectious, or communicable diseases and that the animals do not originate from an area of quarantine, infestation, or infection. A certificate of veterinary inspection is valid for thirty (30) days after the date of issuance. The term certificate of veterinary inspection shall also include an official health certificate, an official certificate, or a certificate.
"Designated epidemiologist" means an epidemiologist selected by the State Veterinarian who has been designated to perform those functions necessary for the classification of livestock suspected to be infected with a particular disease, based on an evaluation of test results and consideration of the animal and herd history, as well as other epidemiological factors.
"Official identification" means any official method of identification approved by USDA or the State Veterinarian, including but not limited to a metal ear tag that provides unique identification for each animal by conforming to the national uniform nine (9) character alphanumeric ear tag system and electronic identification or radio frequency identification (RFID). Backtags shall not be considered an official ear tag, identification unless the animal is shipped directly to slaughter. Animals identified by the approved veterinarian for a livestock auction market as too debilitated to enter the identification chutes may be officially identified by a backtag or any other form of official identification and shall have a "slaughter only" tag applied. The term "official eartag" is synonymous with "official identification."
"Quarantine" means a written notice or order issued by an authorized agent of the Board showing the boundaries of the area or premise affected, the animals restricted, and conditions, if any. No livestock held under quarantine may be moved or released without a written permit or quarantine release signed by an authorized agent.
"State animal health official" means the state animal health official, or designee, who is responsible for the livestock and poultry disease control and eradication programs in the a state.
SUBCHAPTER 9. Livestock Dealers and Livestock Special Sales
PART 3. LIVESTOCK SPECIAL SALES
35:15-9-8. Written records
Each permit holder shall keep written records for not less than twenty-four (24) months after the special sale that are necessary and adequate to determine the sources and disposition of livestock sold at the sale, and shall at a minimum include the following:
(1) Accounts of sales;
(2) Accounts of purchases;
(3) Bills and invoices to purchasers;
(4) Cancelled checks and drafts;
(5) Check stubs;
(6) Scale tickets;
(7) Documents certifying the health status of animals presented by consignors:
(85) Records identifying each purchaser at the sale, including the name, mailing address, and telephone number, and drivers license number of the purchaser or, if a minor, the representative of the purchaser; and
(96) All other written correspondence pertaining to livestock advertised or sold in the sale.
35:15-9-9. Submission of record sales
The permit holder shall submit to the Board within fifteen (15) days after the special sale a record identifying and showing the sex and breed of each animal consigned. from out-of-state purchased by an Oklahoma buyer, The record shall include the name , mailing address, and telephone number, and drivers license number of the consignor or representative, and the name, mailing address, and telephone number, and drivers license number of the purchaser or, if a minor, the representative of the purchaser.
35:15-9-11. Swine Special Sales [REVOKED]
(a) If swine from Class I, Class II, or Class III states are allowed to attend a sale, the fee for the Swine Special Sale Permit shall be Three Hundred Dollars ($300.00).
(b) If only swine from Class IV or Class V states are allowed to attend a sale, no fee shall be required for the Swine Special Sale Permit.
SUBCHAPTER 11. Importation of Livestock, Poultry, and Pets
PART 7. LIVESTOCK
35:15-11-20. Requirements regarding vesicular stomatitis
(a) Any livestock (equine, bovine, porcine, caprine, ovine, or cervidae) entering or reentering Oklahoma from a state county where vesicular stomatitis has been diagnosed within the last thirty (30) days or a county that contains a premise quarantined for vesicular stomatitis shall be accompanied by a Certificate certificate of Veterinary Inspection veterinary inspection dated within five (5) days of entry containing the following statement: "All animals identified on this health certificate of veterinary inspection have been examined and found to be free from signs of vesicular stomatitis and have not originated from a premise which is under quarantine for vesicular stomatitis."
(b) The Certificate of Veterinary Inspection shall be signed by an accredited veterinarian of the state where vesicular stomatitis has been diagnosed and shall be obtained prior to each entry or reentry into Oklahoma.
SUBCHAPTER 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets
35:15-13-1. Definitions
The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise.
"Approved laboratory" means a facility used in conducting necessary diagnostic tests, and is constructed, equipped, and maintained in accordance with Board regulations.
"Approved veterinarian" means a licensed accredited veterinarian who has complied with all Board regulations, and who has been approved by the Board to conduct necessary tests, vaccinations, inspections, and other duties of an Auction Market Veterinarian at auctions selling cattle, horses, or swine.
"Drive-in" means a written record of livestock in a single consignment. Information on a drive-in shall include name and address of the consignor, license tag number of vehicle used to haul livestock, list and brief description of livestock and corresponding backtags applied, and any special notes or instructions concerning the livestock.
"Official forms" means a form forms furnished or approved by the State Board of Agriculture or Animal and Plant Health Inspection Service, of the United States Department of Agriculture.
"Test Brucellosis test eligible cattle" means all cattle eighteen (18) months of age, as determined by the loss of first pair of temporary incisor teeth, except exposed cattle which have been "S" branded, steers, and spayed heifers, official vaccinates of dairy breeds under twenty (20) months of age, and official vaccinates of beef breeds under twenty four (24) months of age which are not parturient or postparturient.
35:15-13-3. General requirements for a livestock auction market
(a) Any person owning, operating, conducting, or maintaining a livestock auction market shall be required to:
(1) Submit an application for a license prior to operation to the Board on an official form prior to operation.
(2) Bond the market pursuant to 2 O.S., Section 9-132, as amended or according to the provisions of the Federal Packers and Stockyards Act as amended.
(3) Employ an approved veterinarian for auctions selling cattle, horses, or swine.
(b) The livestock auction market license shall cost Twenty Five Dollars ($25.00) per year and shall expire each on December 31 of each year.
(c) Both the buyer's and seller's invoices shall be complete as to include the name, address of the owner and description of the cattle as to breed, sex and age. Invoices for swine shall show the predominate breed and shall show them to be feeding, breeding or slaughter swine.
(d) The approved veterinarian or sale company shall not be responsible for results of any tests that are made properly, or any reactor or responder animals found in the market. All Ownership of all reactor or responder animals shall revert back to the consignor.
(e) No cattle or swine shall be allowed to leave the market until an approval for release is secured from an approved veterinarian or an authorized agent of the Board. The market shall be responsible to see that no cattle or swine are removed without first being released by an approved veterinarian or an authorized agent of the Board. Approval for release shall be presumed upon the approved veterinarian's completion of pen inspections unless the cattle or swine are sent to the quarantine pen.
(f) Each market shall have a quarantine pen or pens for yarding reactor or responder animals. Said The pen is to shall be identified by painting the top of the gate either red or yellow and the word "Quarantine" spelled out on said the gate. The pen shall be constructed so as to make it easily cleaned and disinfected after each sale. Any watering troughs or feed bunks in the quarantine pen shall be located so that to ensure livestock in adjoining pens will do not have access to them.
(g) All reactor or responder animals shall be yarded in the quarantine pen and shall be sold last. Such The animals shall be identified as reactors or responders on the invoices of both the buyer and seller.
(h) Refusal or failure to comply with the Board rules shall be just cause for the revocation or suspension of the Livestock Auction Market License.
(i) No person owning, operating, conducting, or maintaining a livestock auction market shall allow any animal of the animals identified below by the following to leave the livestock auction market unless it is individually identified by an official identification:
(1) All beef cattle eighteen (18) months of age or older, except fat steers, heifers, and bulls, going directly to a feedlot or slaughter;
(2) All dairy cattle two (2) months of age or older; and
(3) All "M" branded cattle.
(j) The owner or operator of the livestock auction market shall keep records of each animal consigned or delivered to the livestock auction market for a period of two (2) years sufficient for disease traceback purposes, including but not limited to the following:
(1) "Drive-in" or any other documents identifying the backtag, owners name and address, and license tag of mode of transportation;
(2) Any records kept pursuant to the Livestock Auction Market Act;
(3) Records of any official identification applied to the animal or already existing with the animal; and
(4) Any records available regarding the purchaser of the animals.
35:15-13-5. Approval and responsibilities of veterinarians in livestock auction markets
(a) The veterinarian shall make application for approval to the Board and shall be examined as to his ability to function as an Auction Market Veterinarian.
(b) The veterinarian shall examine inspect each animal bovine, bison, horse, or swine at the livestock market auction for the purposes of determining the condition of health and freedom from infectious or contagious diseases.
(c) The veterinarian shall arrive at the market in sufficient time to do all required testing, official identification, and inspection prior to the beginning of the sale.
(d) The veterinarian is responsible for completion of state and federal forms necessary for the release of livestock from markets and other state and federal forms required for disease control and eradication programs.
(e) In the event that an official identification is already present in the animal being tested, the veterinarian shall use this tag instead of retagging, and include all prefixes and numbers in recording said the tag on test charts.
(f) The veterinarian shall use separate bleeding needle needles or separate syringe syringes for each animal. The use of the same syringe or needle for all animals is prohibited.
(g) If the veterinarian cannot determine the class of livestock to be shipped by the description on the purchaser's invoice, then it will be necessary for him to the veterinarian shall look at each shipment before releasing them prior to release.
(h) All reactor or responder cattle received for sale shall be examined as to official identification by the Auction Market Veterinarian prior to sale.
(i) Copies of all forms shall be forwarded to the office of the State Veterinarian by the veterinarian immediately after sale. All blood samples shall be forwarded to the State-Federal Brucellosis Laboratory for confirmation of test immediately after sale.
(j) All official forms, certificates of veterinary inspection, or documents and official stamps and signature stamps, shall be kept in the exclusive possession of the veterinarian and shall be dated and signed by him only at the time it is filled out and issued. Under no circumstances shall any official document be presigned or prestamped by the veterinarian. Use of any official stamp by persons other than the approved veterinarian or a state or federal employee is expressly prohibited. The approved veterinarian shall be solely responsible for the unauthorized or improper issuance of any official document or the use of any official stamp or signature stamp.
(k) The veterinarian shall be responsible to replace himself with ensure another approved veterinarian in the event he finds it necessary to be is available at the market when the regular approved veterinarian is absent from the market.
(l) The veterinarian shall not resign his duties without written notice to the sale company and State Veterinarian's Office office at least ten (10) days prior to resignation.
(m) The veterinarian's failure or neglect to perform any of the functions in this Section shall be cause for disapproval and immediate removal from the market.
35:15-13-6. Movement of livestock through auction markets
(a) All certificates of veterinary inspection, permits, and other documents, including out-of-state documents accompanying livestock into Oklahoma markets that are incomplete or have been altered in any way are void and are shall not to be accepted. This includes documents that are incomplete as to official identification number and description of animal it represents. In order to be accurate and acceptable, the prefix of each official identification number shall be recorded.
(b) Cattle reacting to the required tests shall be tagged and branded immediately unless a retest is requested by the owner prior to the sale of the animals.
(c) Cattle consigned directly from an out-of-state farm of origin to an approved livestock market in Oklahoma will not need a permit prior to entry. Out of state brucellosis test eligible cattle moving through an Oklahoma market shall be identified by market management at the time of sale.
(d) All reactor or responder cattle received for sale shall be examined as to official identification number by the Auction Market Veterinarian prior to sale.
(ec) The market shall maintain the identity of reactor or responder animals and restrict their sale to slaughtering establishments approved for the purpose of slaughtering reactors or responders. Reactors or responders shall only be sold directly to slaughter on a VS 1-27 and are not be returned to the country or be transported from market to market.
(fd) All cattle, regardless of age, weight, sex, or breed, shall be approved for obtain a release by an approved veterinarian or an agent of the Board and are shall not to be released unless they meet the importation and transportation requirements of the state of destination, including the State of Oklahoma.
(ge) All cattle, including slaughter, feeding, breeding, and dairy animals, shipped or exported from the State of Oklahoma, regardless of "purpose of movement,", shall be accompanied by an official Oklahoma health certificate of veterinary inspection. This includes slaughter, feeding, breeding, and dairy animals. In addition to this health certificate, they The cattle shall also meet the state of destination importation requirements as they pertain to permits, test requirements, and the like.
(hf) All swine destined for interstate shipment shall be accompanied by an official health certificate of veterinary inspection.
35:15-13-7. Specific approval of livestock auction markets
(a) No market shall be specifically approved until proper application is made and a determination is made by the State Veterinarian that the Board regulations and standards are met.
(b) Each market shall have a packer buyer present at each sale.
(c) All animals received at the market shall be considered in Interstate Commerce interstate commerce and be handled in accordance with the Interstate Regulations interstate regulations.
(d) All livestock cattle, horses, and swine shall be visually inspected by the approved veterinarian prior to sale for diseased conditions such as cattle scab, sheep scab, Actinomycosis (lump jaw), Carcinomas (cancer eye), Infectious Rhinitis (bull nose) or any other infectious, contagious, or communicable disease.
(e) Any animal found determined to be diseased by the veterinarian shall be sold direct to slaughter or quarantined for treatment according pursuant to the judgement judgment of the veterinarian.
(f) Each market shall furnish and maintain in good repair sufficient equipment suitable for restraining animals for careful inspection, testing, tagging, branding, and other treatments and procedures ordinarily required in providing livestock sanitary service at markets. Said The equipment is to shall be covered or housed so that necessary work can be taken care of take place during inclement weather.
(g) The appointment and termination of the approved veterinarian by the livestock auction market is subject to approval of both state and federal officials.
(h) Failure or neglect to perform any of the functions in this Section section shall be cause for removal withdrawal of the approval.
SUBCHAPTER 15. Equine Infectious Anemia (Eia)
PART 5. CHANGE OF OWNERSHIP OF EQUIDAE
35:15-15-51. Testing requirements for change of ownership
(a) All test eligible Equidae which are sold, bartered, traded, or offered for sale within Oklahoma shall be accompanied by a record of a negative official test for EIA conducted at an approved laboratory within the previous twelve (12) months.
(b) The record shall include the name of the laboratory, case number, and the date of the official test.
(c) A copy or a certified copy of a VS Form 10-11 shall not be considered an official record of test.
(d) On all private sales, trades, barters, or any sale other than through an approved market, the buyer and the seller shall be equally and individually responsible for meeting the EIA testing requirements prior to the sale.
PART 7. REQUIREMENTS FOR APPROVED MARKETS
35:15-15-71. Movement of Equidae through approved markets
(a) All test eligible Equidae offered for sale or sold at any market shall meet one of the following requirements:
(1) Be accompanied by a record of an official negative test for EIA conducted by an approved laboratory within twelve (12) months of the date of the sale.
(2) Have a blood sample collected by an accredited veterinarian or authorized agent of the Board at the market and obtain official negative test results for EIA from an approved laboratory before the animal leaves the market.
(3) Have a blood sample collected by an accredited veterinarian or authorized agent of the Board at the market and be quarantined to the market or to an Oklahoma premise until negative results are received from an approved laboratory.
(4) Be allowed to return to the premise of origin prior to consignment.
(b) A copy or a certified copy of a VS Form 10-11 shall not be considered an official test record.
(c) All Equidae consigned to an approved market shall be released by the market veterinarian to meet the requirements of this Subchapter subchapter and the state of destination.
(d) Known positive or exposed Equidae shall not be consigned for sale at approved markets.
(e) Equidae found to be positive or exposed through testing conducted at an approved market shall be maintained in quarantine pens, isolated as far as possible from all other Equidae in the sale facility, and the quarantine pen or pens shall be clearly identified, by sign or paint, with the word "Quarantined."
35:15-15-72. Identification of untested Equidae
(a) All untested Equidae offered for sale at approved markets shall be released from the sale premise and consigned to an approved slaughter establishment on a VS Form 1-27, issued by an accredited veterinarian or authorized agent of the Board showing the sex, age, color, and markings sufficient to positively identify each animal.
(b) If no accredited veterinarian or authorized agent of the Board is available for proper identification, testing, inspection, and release of Equidae at the approved auction market, all Equidae offered for sale shall be quarantined to the market facility until an accredited veterinarian or authorized agent of the Board is available.
PART 9. EQUINE EXHIBITIONS
35:15-15-91. Requirements of Equidae entering equine exhibitions
(a) All Equidae moving within the state to equine exhibitions, including but not limited to fairs, livestock shows, breed association shows, rodeos, racetracks, or other equine gatherings shall be accompanied by a record of a negative official test for EIA conducted within the previous twelve (12) months. The official test shall be conducted by an approved laboratory and the name of the laboratory, the case number, and the date of the test shall appear on the official test record.
(b) A certified copy of a VS Form 10-11 shall be accepted as considered an official record of test record at equine exhibitions.
(c) The official in charge shall be responsible for verifying that all Equidae entering an equine exhibition meet all recordation requirements.
(1) An official in charge of an equine exhibition shall not be held responsible for recording or accepting falsified or erroneous information provided by an owner.
(2) Any person providing erroneous or fictitious information shall be in violation of these rules.
(d) Any official in charge who knowingly, negligently, or willfully allows an untested or positive animal to enter an equine exhibition shall be in violation of these rules and the official in charge and the owner of the positive or untested animal shall be equally and individually in violation of these rules.
(e) A certified copy of a VS 10-11 shall be acceptable for entry to Oklahoma Horse Racing Commission licensed tracks. The original VS 10-11 for horses offered for sale through claiming races shall be on file with the Racing Secretary.
PART 11. REQUIREMENTS FOR EQUIDAE ENTERING OKLAHOMA
35:15-15-111. General requirements for Equidae entering Oklahoma
(a) All test eligible Equidae, entering Oklahoma for any purpose other than consignment to a veterinarian's clinic or an approved slaughter facility shall be accompanied by one of the following:
(1) An Official Equine Passport.
(2) A record of a negative official test for EIA conducted within the previous twelve (12) months and a certificate of veterinary inspection.
(3) An equivalent certificate as approved by the State Veterinarian.
(4) A copy or a certified copy of a VS Form 10-11 shall be considered an official record of test when accompanied by a properly completed certificate of veterinary inspection.
(b) An Official Equine Passport shall include the following:
(1) The name, breed, sex, age, color, and an electronic identification, a unique brand, or a tattoo to positively identify each Equidae listed on the form, provided that any owner using electronic identification shall carry and maintain a functional reader or scanner.
(2) A record of a physical examination of each Equidae verifying freedom from visible evidence of any contagious, infectious, or communicable diseases at the time of the examination.
(3) The negative test results of an official test for EIA, including the name of the approved laboratory, the case or accession number, and the date of the most recent test.
(4) A VS Form 10-11 or equivalent EIA test chart for each animal.
(c) The Official Equine Passport shall be valid and meet import requirements for a period of six (6) months when accompanied by proof of an official negative VS Form 10-11 or equivalent EIA test chart. In no instance shall a permit expiration date exceed twelve (12) months after the date of a negative EIA test.
(d) An Official Equine Passport shall only be issued by a state animal health official from Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Virginia, or West Virginia in accordance with the signed Memorandum of Agreement by and between the state animal health regulatory agencies accepted from states approved by the State Veterinarian.
SUBCHAPTER 22. Swine Pseudorabies
PART 1. GENERAL PROVISIONS
35:15-22-2. Import requirements for Stage IV and Stage V
(a) Certification for feedlots on premises where there are no breeding swine shall show:
(1) The feedlot is included in a down-the-road herd-testing "down the road" herd testing program, or
(2) The herd is monitored by slaughter or first-point first point surveillance of butcher hogs, or
(3) During the period since the last pseudorabies case in the state was cleaned up, the herd:
(A) Tested negative to an official random-sample random sample test (95/10), or
(B) Underwent a 30-day thirty (30) day depopulation with appropriate cleaning and disinfection.
(4) Any feedlots not tested pursuant to this subsection shall be operated all-in as all in and all-out all out by premises.
(b) Vaccination is prohibited except by permission of the State Veterinarian in high-risk herds or as part of an approved herd-cleanup herd cleanup plan.
(c) Swine import requirements shall be as follows:
(1) Slaughter swine:
(A) Infected or exposed swine may only be shipped through or into the state with prior written approval from the State Veterinarian and shall move directly to a recognized slaughter establishment. The swine shall be accompanied by a shipping permit, conveyed in sealed vehicles, and unloaded under the supervision of State state or Federal federal officials to ensure that biosecurity measures are observed.
(B) Imports of slaughter swine from a state with Stage III status or less are permitted to a recognized slaughter establishment or an approved slaughter market only.
(2) Breeding swine shall meet one of the following:
(A) Direct shipment from a Stage IV or V state, or;
(B) Direct shipment from a qualified pseudorabies-negative pseudorabies negative herd in any State/Area, state or area; or
(C) Negative official pseudorabies serologic test within thirty (30) days prior to shipment with quarantine, isolation, and retest at destination in 30-60 thirty (30) to sixty (60) days following importation.
(3) Feeder pigs shall meet one of the following:
(A) Direct shipment from a farm of origin or a market in a Stage IV or V state, or;
(B) Direct shipment from a farm of origin in a Stage III state, or;
(C) Direct shipment from a qualified pseudorabies-negative pseudorabies negative herd or qualified-negative gene-altered qualified negative gene altered vaccinated herd,; or
(D) Entry from feeder-pig-monitored feeder pig monitored herds in Stage II states or from approved feeder-pig feeder pig markets shall occur only pursuant to the following conditions:
(i) The swine enter on permit directly to a designated feedlot; and
(ii) The swine are restricted to the designated feedlot until sent to slaughter.
PART 3. REQUIREMENTS FOR SWINE ENTERING OKLAHOMA
35:15-22-31. Entry requirements for commercial production breeding swine
(a) A person importing commercial production breeding swine into Oklahoma shall obtain an entry permit from the Department.
(b) Commercial production breeding swine entering Oklahoma shall be accompanied by a certificate of veterinary inspection containing the following information:
(1) the The entry permit number;
(2) a A statement from the issuing veterinarian that to the best of the veterinarian's knowledge pseudorabies has not existed in the herd of origin in the past six (6) months, the swine to be imported have not been vaccinated for pseudorabies, and if applicable, the swine to be imported are offspring of a pseudorabies vaccinated sow; and
(3) if If applicable, the qualified pseudorabies herd number and date of last pseudorabies test.
(c) Commercial production breeding swine that are offspring of a pseudorabies vaccinated sow shall be accompanied with an individual negative pseudorabies test using an official pseudorabies test for Oklahoma.
(d) Commercial production breeding swine entering Oklahoma under a completed and approved commuter herd agreement pursuant to 35:15-22-35 are exempt from requirements subsections (a) and (b) provided the swine are not changing ownership.
(e) Commercial production breeding swine entering Oklahoma shall either:
(1) be Be accompanied with a negative official pseudorabies test performed within thirty (30) days prior to entry,
(2) originate Originate from a qualified pseudorabies negative herd, or
(3) originate from a Class IV or V state, or
(4) enter Enter under a completed and approved commuter herd agreement provided that the swine are accompanied by an owner-shipper owner shipper statement.
(f) For purposes of requirements (e)(2) and (e)(3), all commercial production breeding swine that are commingled with other swine shall assume the lowest status of the commingled swine.
(g) After entry into Oklahoma, the owner of the imported commercial production breeding swine shall comply with one of the following requirements:
(1) quarantine the swine upon arrival, hold the swine in isolation, and at the owner's expense, not less than thirty (30) but not more than sixty (60) days after arrival, obtain a post-entry negative official pseudorabies test. The owner is responsible for notifying the Department that the post-entry test has been completed;
(2) add the The swine are added to a qualified pseudorabies negative herd according to the requirements of 35:15-22-52;
(32) The swine meet the commuter herd agreement requirements of 35:15-22-35; or
(43) if If importing from a Stage V state, test the swine are tested pursuant to the requirements for a pseudorabies monitored herd.
35:15-22-32. Entry requirements for commercial production feeding swine
(a) A person importing commercial production feeding swine into Oklahoma shall obtain an entry permit from the Department.
(b) Commercial production feeding swine entering Oklahoma shall be accompanied by a certificate of veterinary inspection, containing the following information:
(1) the The entry permit number;
(2) a A statement from the issuing veterinarian that to the best of the veterinarian's knowledge pseudorabies has not existed in the herd of origin in the past six (6) months, the swine to be imported have not been vaccinated for pseudorabies, and if applicable, the swine to be imported are offspring of a pseudorabies vaccinated sow; and
(3) if If applicable, the qualified herd number and date of last pseudorabies test.
(c) Commercial production feeding swine that are offspring of a pseudorabies vaccinated sow shall be accompanied with an individual negative pseudorabies test using an official pseudorabies test recognized by Oklahoma.
(d) Commercial production feeding swine entering Oklahoma under a completed and approved commuter herd agreement pursuant to 35:15-22-35 are exempt from requirements subsections (a) and (b) provided the swine are not changing ownership.
(e) Commercial production feeding swine entering Oklahoma shall either:
(1) be Be accompanied with a negative official pseudorabies test performed within thirty (30) days prior to entry,
(2) originate Originate from a qualified pseudorabies negative herd,
(3) originate from a Class III, IV, or V state,
(4) enter Enter under a completed and approved commuter herd agreement provided that the swine are accompanied by an owner-shipper owner shipper statement, or
(54) originate Originate from a pseudorabies monitored herd.
(f) Swine from an infected or exposed herd shall not enter Oklahoma.
PART 7. REQUIREMENTS FOR SWINE EXHIBITIONS
35:15-22-71. Exhibition requirements
(a) All Oklahoma origin swine shall have an official ear tag identification and shall be accompanied with either a certificate of veterinary inspection or a copy of an official test chart for each exhibition. The certificate of veterinary inspection shall include either the negative results from an official pseudorabies test or the qualified pseudorabies negative herd number and current quarterly herd test date and show the corresponding official ear tag identification for each pig.
(b) All out-of-state swine originating from outside of Oklahoma shall have an official ear tag identification and shall be accompanied with a certificate of veterinary inspection for each exhibition. The certificate of veterinary inspection shall include either the negative results from an official pseudorabies test or the qualified pseudorabies negative herd number and current quarterly herd test date and show the corresponding official ear tag identification for each pig.
(c) Testing requirements.
(1) Oklahoma origin exhibition swine shall have a negative official pseudorabies test after June 1 each year for fall exhibitions and after December 1 each year for spring exhibitions. These tests are valid for the entire respective exhibition season, unless in the opinion of the designated epidemiologist the swine have been exposed to pseudorabies.
(2) Out of state swine Swine originating from outside of Oklahoma shall have either a negative official pseudorabies test within thirty (30) days prior to each exhibition or shall have evidence that the swine are from a qualified pseudorabies negative herd and show the corresponding official ear tag identification for each pig.
(3) Owners or immediate family members of owners of a qualified pseudorabies negative herd may exhibit swine originating from the qualified herd without a negative official pseudorabies test as so long as the swine are accompanied with evidence of the herd status at each exhibition. This documentation shall include the corresponding official ear tag identification for each pig entered in the exhibition.
(d) All swine, after After being exhibited, all swine shall be kept isolated from all non-exhibition swine until the swine retest negative for pseudorabies not less than thirty (30) days but not more than sixty (60) days following the exhibition unless the swine are consigned to a quarantined feedlot, an approved slaughter establishment, or an approved market for sale to slaughter or to a quarantined feedlot.
(e) The official in charge shall obtain a permit from the Department prior to conducting a swine exhibition.
(f) The official in charge shall verify that all swine present meet all testing and recordation requirements.
PART 9. REQUIREMENTS FOR APPROVED MARKETS
35:15-22-91. Requirements for approved markets
(a) All swine consigned to an approved livestock market shall have an official ear tag identification for each pig. The market operator shall maintain a record of all official ear tags identifications, the consignee's name and address, and the premise of origin.
(b) The livestock market shall immediately identify all out-of-state farm origin swine originating from outside of Oklahoma.
(c) The livestock market shall not release any out-of-state swine originating from outside of Oklahoma unless the appropriate entry requirements from of Part 3 of in this Subchapter have been met or the swine are to be shipped directly from the market to an approved slaughter facility.
(d) Upon release from a livestock market, untested out-of-state swine originating from outside of Oklahoma shall be quarantined until, at the owner's expense, the swine are tested test negative for pseudorabies and brucellosis not less than thirty (30) or more than sixty (60) days after the release. The owner is responsible for notifying the Department that the pseudorabies and brucellosis test have been completed.
(e) Untested out-of-state swine originating from outside of Oklahoma released from a livestock market directly to an approved slaughter establishment are exempt from subsection (d) of this section.
(f) Any market that is approved to handle out-of-state slaughter swine originating from outside of Oklahoma and is the final market for these those swine prior to release directly to an approved slaughter facility shall keep the slaughter swine separate from any feeding or breeding swine. Any facilities or equipment used for the out-of-state slaughter swine originating from outside of Oklahoma, including but not limited too, to scales, loading chutes, etc., and other equipment shall be thoroughly cleaned prior to use for any feeding or breeding swine.
SUBCHAPTER 24. Swine Brucellosis
PART 1. GENERAL PROVISIONS
35:15-24-3. Administrative Requirements
(a) Authorized agents of the Oklahoma Department of Agriculture, Food, and Forestry shall be authorized to enter premises as required to meet the standards of the Swine Brucellosis Eradication Program.
(b) All human cases of B. suis shall be reported to appropriate public health officials.
(c) All Oklahoma origin swine shall have an official ear tag identification and shall be accompanied by either a certificate of veterinary inspection or a copy of an official test chart for each exhibition. The certificate of veterinary inspection shall include either the negative results from an official Brucellosis test or the validated Brucellosis negative herd number and current quarterly herd test date and show the corresponding official ear tag identification for each pig.
(1) All swine from other than Oklahoma shall have an official ear tag identification and shall be accompanied with a certificate of veterinary inspection for each exhibition. The certificate of veterinary inspection shall include either the negative results from an official brucellosis test or the validated brucellosis negative herd number and current quarterly herd test date and show the corresponding official ear tag identification for each pig.
(2) Oklahoma origin exhibition swine shall have a negative official brucellosis test after June 1 each year for fall exhibitions and after December 1 each year for spring exhibitions. These tests are valid for the entire respective exhibition season, unless in the opinion of the designated epidemiologist the swine have been exposed to brucellosis.
(3) Out of state swine Swine originating from outside of Oklahoma shall have either a negative official brucellosis test within thirty (30) days prior to each exhibition or shall have evidence that the swine are from a validated brucellosis negative herd and current quarterly herd test date and show the corresponding official ear tag identification for each pig.
(4) Owners or immediate family members of owners of a validated brucellosis negative herd may exhibit swine originating from the validated herd without a negative official brucellosis test as long as the swine are accompanied with evidence of the herd status at each exhibition. This documentation shall include the corresponding official ear tag identification for each pig entered in the exhibition.
(5) All swine, after being exhibited, shall be kept isolated from all non-exhibition nonexhibition swine until the swine retest negative for brucellosis not less than thirty (30) days but not more than sixty (60) days following the exhibition unless the swine are consigned to a quarantined feedlot, an approved slaughter establishment, or an approved market for sale to slaughter or to a quarantined feedlot.
(6) The official in charge shall obtain a permit from the Department prior to conducting a swine exhibition.
(7) The official in charge shall verify that all swine present meet all testing and recordation requirements.
(d) All swine shall be tested and found negative to Brucellosis within the previous thirty (30) days prior to changing ownership, or originate from a Brucellosis Validated Free Herd. Test eligible swine moving directly from a premise of origin to an approved slaughter facility, or through an approved market to an approved slaughter facility, are exempt from test requirements provided identity to the herd of origin is maintained.
(e) The State Board of Agriculture shall have the authority to impose administrative penalties for any person found to be in violation of the provisions of this rule. The pursuant to the Board's rules for individual proceedings and the Administrative Procedures Act shall be utilized in determining any action.
SUBCHAPTER 34. Feral Swine
35:15-34-3. Importation of feral swine
(a) Any person importing live feral swine into this state shall be accompanied by a Certificate certificate of Veterinary Inspection veterinary inspection signed by an accredited veterinarian that contains the following:
(1) Individual Official identification of each feral swine; and
(2) Negative brucellosis and pseudorabies test results.
(b) Any person importing live feral swine into this state shall be accompanied by a written entry permit approved by the State Veterinarian.
(c) A person shall obtain a negative brucellosis and pseudorabies test within fifteen (15) days prior to entry.
(d) All live feral swine imported into this state shall be quarantined and isolated to retest for brucellosis and pseudorabies. The testing shall be conducted no earlier than thirty (30) days and no later than sixty (60) days following the date of importation, except for feral swine going directly to an approved slaughter facility.
(e) Feral swine going directly to an approved slaughtering facility shall be exempt from these requirements.
[OAR Docket #10-1044; filed 6-15-10]