Permanent Final Adoptions
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15. Animal Industry
[OAR Docket #10-1043]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:Subchapter 17. Bovine and Bison Brucellosis [AMENDED]
Part 1. Definitions
35:15-17-1 through 35:15-17-4 [AMENDED]
35:15-17-5 [REVOKED]
Part 3. Rules Adopted from USDA Uniform Methods and Rules (UM&R) for Brucellosis Eradication
35:15-17-32 [AMENDED]
35:15-17-33 [AMENDED]
35:15-17-35 through 35:15-17-44 [AMENDED]
35:15-17-46 [REVOKED]
35:15-17-47 through 35:15-17-54 [AMENDED]
35:15-17-55 [REVOKED]
35:15-17-56 [AMENDED]
35:15-17-57 [REVOKED]
Part 5. Brucella Vaccine
35:15-17-59 [AMENDED]
35:15-17-60 [AMENDED]
Part 7. Certified Brucellosis-Free Herds of Cattle or Bison
35:15-17-64 through 35:15-17-66 [AMENDED]
Part 11. Entry Permit and Retest Requirements
35:15-17-73 through 35:15-17-78 [AMENDED]
35:15-17-80 [AMENDED]
35:15-17-81 [AMENDED]
Part 13. Community Pastures
35:15-17-83 [AMENDED]
Part 15. Depopulation Payment
35:15-17-87 [AMENDED]
Part 17. Blood Typing
35:15-17-91 [AMENDED]
AUTHORITY:State Board of Agriculture; 2 O.S. ยงยง 2-4 (A) (2)
DATES:Comment period:
January 4, 2010 through February 3, 2010
Public hearing:
February 3, 2010
Adoption:Submitted 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 amend the brucellosis rules to reflect changes made to the federal brucellosis programs and to clean up the existing rules.
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 17. Bovine and Bison Brucellosis
PART 1. DEFINITIONS
35:15-17-1. Definitions
The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Affected herd" means a herd of cattle that has had a brucellosis reactor disclosed from an on-farm test or is the herd of origin of a market cattle identification brucellosis reactor from which a field strain Brucella abortis abortus bio-variety has been isolated.
"Animals" means all bovine, dairy, and beef breeds, and bison.
"Approved brucella vaccine" means a product that is approved by and produced under license of the United States Department of Agriculture for injection into cattle or bison to enhance their resistance to brucellosis.
"Cattle" means bison, dairy, and beef animals.
"Commuter herd" means all cattle under common ownership or supervision, that are located on one (1) or more premises in two (2) or more states and there is an interchange or interstate movement of animals between premises in those states as part of the normal farming, breeding or ranching operation without a change of ownership. A commuter herd agreement shall be completed and approval of commuter herd status shall be obtained from each chief animal health official of all states in which the herd resides.
"Domestic livestock" means those species of animals that have adapted to life in intimate association with, and provide advantage to man for use as food, fiber (furs and leather), labor and companionship. This adaptation usually involves the modification of growth or other traits through the provision of food, protection from enemies and selective breeding, thereby reducing the ability of that species to survive in the wild.
"Exposed animals" means animals that are part of a known affected herd or have been in contact with brucellosis reactors in marketing channels for periods of twenty-four (24) hours or periods of less than twenty-four (24) hours if the reactor has recently aborted, calved, or has a vaginal or uterine discharge. These animals are considered to be exposed regardless of the blood test results, and shall be placed under quarantine and restricted pending slaughter or testing after return to the herd of origin. These animals shall be identified with a hot iron letter "S" brand on the tailhead at least 2x2 inches, prior to movement from the premise.
"Farm of origin of cattle" means a farm or other premises where the cattle to be shipped were born or have been kept for not less than four (4) months prior to the date of shipment and the premises within the four (4) months prior to the date of shipment have not been used to assemble cattle from any other premises.
"Feedlot" means a confined drylot area for finish feeding of animals on concentrated feed with no facilities for pasturing or grazing. The feedlot may not hold any test eligible animals of unknown status or "S" branded animals.
"Herd" means all cattle (genus Bos) and bison (genus Bison bison) under common ownership or supervision, that are grouped on one or more parts of any single premise (lot, farm, or ranch) or on two (2) or more premises geographically separated, but have had an interchange movement or contact. Such contact Contact shall be accepted as fact unless otherwise established by the owner and consistent with the findings of the epidemiologic investigation. Groups of animals under multiple ownership on common premises, such as community pastures, grazing association allotments, etc., shall also be considered as a herd. For brucellosis eradication purposes such the herds shall include all other groups of animals owned by those persons unless the veterinary medical officer, based on an epidemiologic investigation, establishes that association has not occurred.
"Herd test" means a test that includes all animals over six (6) months of age except steers, and spayed heifers and official vaccinates of the dairy breeds under 20 months of age, and of the beef breed and bison under 24 months of age. Bulls, steers, and female animals held in feedlots meeting the requirements of quarantined feedlots as defined in 35:15-17-5 are exempt from herd test requirements. Breeding animals tested shall be identified with an official eartag or other permanent identification.
"High risk herd" means those herds of cattle from which an MCI test or herd test reactor has been disclosed as an adjacent or exposed herd within the previous five (5) years.
"Individual herd plan" means a herd management and testing plan designed by the herd owner and a veterinarian of the Cooperative Brucellosis Eradication Program that will control and eradicate brucellosis from an affected herd and shall include a similar plan for determining the true status of suspects and preventing exposure to brucellosis within the herd.
"Market test animals" means test eligible animals moving in trade channels through auction markets, stockyards, commission firms or to slaughtering establishments; also those animals assembled at farms or ranches that are being readied for immediate movement to markets, stockyards, slaughtering establishments or other sales. The animals shall be identified by eartag or backtag to the herd of origin prior to or at the first point of concentration in marketing channels. All test eligible animals shall be tested prior to removal from the sale premises.
"Official test" means any serologic or bacteriologic test recognized by and listed in the USDA Uniform Methods and Rules of Brucellosis Eradication or the Code of Federal Regulations. The official test sample shall be collected by an accredited veterinarian or an employee of the State-Federal Brucellosis Program. The test shall be conducted in an official State-Federal Brucellosis Laboratory or licensed and approved Auction Market Laboratory, or by an employee of the State-Federal Brucellosis Program in field situations. All tests shall be confirmed in an official State-Federal Brucellosis Laboratory.
"Official vaccinate" means a female bovine or bison animal vaccinated against brucellosis with an approved brucella vaccine between four (4) and ten (10) months of age. All vaccination shall be conducted under the supervision of a federal or state veterinary official or accredited veterinarian. Vaccinated animals shall be permanently identified as vaccinates and reported at the time of vaccination to the appropriate state or federal agency cooperating in the eradication of brucellosis.
"Permit" means an official document (USDA VS Form 1-27 or comparable State Form) that is required to accompany "B" branded cattle, "S" branded cattle, and exposed cattle moved under official seal, issued by a veterinary services representative, state representative or accredited veterinarian that lists the official identification tag, tattoo, USDA backtag, registration number, or similar identification, reactor tag number, owner's name and address, origin and destination, number of animals covered, and the purpose of the movement. If a change in destination becomes necessary a new permit shall be prepared. No diversion from the permitted destination is allowed. Copies of the permit shall be distributed in accordance with the instructions printed on the official document.
"Permit for entry" means a premovement authorization for entry of cattle into a state from the animal health official in that state. The authorization shall state the conditions under which movement may be made, and these conditions may be in addition to the requirements of the USDA Uniform Methods and Rules for Brucellosis Eradication (UM&R) and Code of Federal Regulations.
"Rodeo bulls" means sexually intact male cattle kept solely for the purposes of performances at rodeos, or for exhibition purposes and in no case shall include any animal offered for sale or used for breeding to produce rodeo bulls, and shall include bulls changing ownership.
"S brand permit" means any document required to accompany animals in marketing channels having a restricted destination. It shall show the origin, the destination, the number of restricted animals, the purpose of the movement, the USDA backtag numbers (when applied serially, only the beginning and the ending number need be recorded), and a statement certifying to the "S" brand identification. It shall be prepared at the point of origin by an accredited veterinarian, a representative of the animal health officials, or a designated official at a quarantined feedlot. A copy shall be maintained at the quarantined feedlot and a copy shall be immediately sent to the state animal health official with the original accompanying the animals. The original shall be delivered at the destination and retained at that location for a minimum of six (6) months.
"S branded animals brand" means identification of animals identified by branding with a hot iron the "S" that is (at least 2x2 inches) and placed on the tailhead. "S" branding is required for suspect animals and movement of exposed animals from affected herds.
"Test eligible animals" means all animals eighteen (18) months of age, as determined by the loss of first pair of temporary incisor teeth, except exposed animals that have been "S" branded, steers, and spayed heifers, official vaccinates of dairy breeds under 20 months of age, and official vaccinates of beef breeds and bison under 24 months of age that are not parturient or postparturient.
"Tested herds" means a herd of animals for which the state has records showing that the herd has been subjected to official testing for brucellosis within 12 months prior to movementand the herd is not known to be affected with brucellosis.
35:15-17-2. Whole herd vaccination
With "Whole herd vaccination", animals Animals older than the age of official calfhood vaccination can may be vaccinated under specific conditions with a dose of vaccine as prescribed in the UM&R for Brucellosis Eradication. All eligible calves shall also be vaccinated and identified as official vaccinates.
35:15-17-3. Identification of vaccinates
Calfhood vaccinated animals are to be permanently identified as vaccinates by tattoo and by official vaccination eartag. Brands, or registration tattoos, or other official identification may be used in lieu of official vaccination eartag. For Brucella abortus Strain 19 vaccinates, the tattoo will be in a form prescribed in the UM&R for Brucellosis Eradication and approved by the United States Department of Agriculture. For Brucella abortus Strain RB51 vaccinates, the tattoo will include the U.S. Registered Shield and "V", which will be preceded by a letter "R" and followed by a number corresponding to the last digit of the year in which the vaccination was done. Official vaccination eartags and tattoo shall be applied to the right ear. The eartag will include the state prefix and a "V," "S," "T," "U" or "W" followed by two (2) letters and four (4) numbers which individually identifies such officially identifying the vaccinated animal. Registration or individual animal identification tattoos may be substituted for official eartags.
35:15-17-4. Traceback of reactors
(a) Successful traceback of reactors. A successful traceback of reactors occurs when the premises of the herd of origin of a market test reactor, including those animals identified as reactors on laboratory confirmation of market test, is located and the herd is tested as is deemed necessary. If all animals at the premises of origin were sold for slaughter, a successful traceback can also be claimed is considered successful. Tracing to dealers, feedlots, commission firms, and such are other interim holders of animals shall not be considered a successful traceback of reactors.
(b) Epidemiologic investigation of reactors. Every traceback of reactors requires a comprehensive epidemiologic investigation and follow-up, (including traces to "sold-out" herds), to effectively locate and control the disease. This investigation must shall include:
(1) reactors Reactors in marketing channels with positive CF, RIV, or other appropriate supplemental test titers.:
(A) Contact and/or adjacent herds shall be identified, recorded, and investigated.
(B) Blood test the The herd of origin shall be blood tested unless the comprehensive epidemiology investigation indicates conclusively that the titers are not caused by field strains of B. abortus.
(C) All sales following the estimated date of onset of infection shall be traced and the herds of destination identified, recorded, and investigated for evidence of infection by testing.
(D) If a herd identified in (A), (B), or (C) of this Paragraph subparagraph is negative, the herd will shall be retested thirty to ninety (30-90) days later if deemed necessary by the epidemiologist.
(2) reactors Reactors in marketing channels with negative CF, RIV, or other official or supplemental test results.:
(A) The owner shall be advised of these negative test results by writing, telephone, or by a personal visit.
(B) A joint decision shall be reached to test or not test the herd. The herd shall be tested if reasonable doubt exists as to the reason for the serologic response, or if evidence of brucella infection is present, or if the status of contact or other neighborhood herds is questionable.
35:15-17-5. Quarantined feedlot [REVOKED]
(a) A quarantined feedlot shall be a confined area under official state quarantine and shall be approved jointly by the state and federal animal health officials. All animals in a quarantined feedlot shall be classified as exposed to brucellosis. The quarantined feedlot shall be maintained for finish feeding of animals in drylot with no provision for pasturing or grazing. There shall be no breeding or "two-way" animals allowed in the quarantine feedlot. All negative exposed animals must be permanently identified with a hot iron "S" brand, on the tailhead prior to entering such feedlots.
(b) All animals leaving such quarantined feedlot must go direct to slaughter; or, may be moved direct to another quarantine feedlot with a permit from the state animal health official; or may be "S" branded at the feedlot and move through a market to be sold to move direct to another quarantine feedlot or move direct to slaughter with a permit being issued at the market to cover the movement.
(c) The animal health officials shall establish procedures for accounting of all animals entering or leaving such quarantined feedlots.
(d) Community notification shall be made of the presence of a quarantined feedlot.
(e) The quarantined feedlot may include the entire feedlot or only designated sections of the feedlot provided that the quarantined section is properly isolated to prevent the spread of brucellosis to the non-quarantined section.
PART 3. RULES ADOPTED FROM USDA UNIFORM METHODS AND RULES (UM&R) FOR BRUCELLOSIS ERADICATION
35:15-17-32. Laboratories
Blood samples are to be tested only by cooperative state- federal laboratories, or by such persons as may be authorized to conduct the standard agglutination tests or the card test. All samples initially tested at other than cooperating state-federal laboratories shall be promptly submitted and confirmed at the cooperating state-federal laboratory.
35:15-17-33. Reporting
Activities conducted privately or as part of the official brucellosis eradication program, such as including results of agglutination tests or vaccination, must shall be reported immediately to state-federal cooperating agencies. A complete epidemiological report shall be prepared and filed on each infected herd.
35:15-17-35. Quarantine
When there is a reason to suspect brucellosis infection-i.e., due to the presence of an undiagnosed abortion in the herd or presence of a suspect or reactor as evidenced by an approved test for brucellosis-, all cattle and bison except steers and spayed heifers may be confined to the premises and/or livestock market until the herd is freed of brucellosis or sold for slaughter or to a quarantined feedlot. In emergency hardship cases animals may be moved to a new premises and placed under quarantine. All movements must shall be accompanied by proper permit.
35:15-17-36. Disposition of affected herds
(a) Known affected herds as of June 1, 1995, and all affected herds disclosed subsequent to June 1, 1995, shall be completely depopulated except for steers and spayed heifers unless the State Veterinarian determines otherwise.
(b) Partial herd depopulations may be approved if a complete herd test and an epidemiological investigation discloses that certain separate pastures of cattle in the herd have passed a negative test and have had no exposure to the affected pasture(s) in not less more than 180 days prior. Heifers which were progeny of cows in the affected pasture(s) will be are considered as exposed and required to be included in the depopulation or spayed. Bull calves produced by cows in the affected pasture(s) will shall be required to be neutered.
(c) Depopulation may be waived if in the opinion of the Designated Brucellosis Epidemiologist, the State Veterinarian and the APHIS VS Area Veterinarian in Charge depopulation is not warranted and an approved herd plan is followed.
35:15-17-37. Community notification of brucellosis affected herds
The Oklahoma Department of Agriculture, Food, and Forestry shall notify owners of herds adjacent to Brucellosis infected herds will be notified of the presence of the infection by mail or personal contact.
35:15-17-38. Contact herds, and adjacent herds
Those herds Herds within one (1) mile of the periphery of the herd of origin of a market cattle identification reactor are to be tested within thirty (30) days of notification or be placed under quarantine. These herds are to shall be retested six (6) to eight (8) months after notification. This The test requirement and the extent of the testing area may be altered by the Designated Brucellosis Epidemiologist if it is justified by epidemiological evidence. Those herds within one (1) mile of the periphery of the affected (index) herd, herds sharing common pasture, and herds containing previous purchases from or exchanges with the affected (index) herd are to shall be tested within thirty (30) days of notification or be placed under quarantine. All herds, which have having direct fence to fence or across a road contact with, or sharing common pasture with or containing previous purchases from or exchanges with the affected (index) herd, shall be rested retested from four (4) to eight (8) months after removal of the last reactor from the affected (index) herd. These herds, as well as and all other herds located within one (1) mile of the periphery of the affected (index) herd shall be retested ten (10) to fourteen (14) months after the removal of the last reactor from the affected (index) herd. The extent of the testing area from the affected (index) herd may be altered by the Designated Brucellosis Epidemiologist if it is justified by epidemiological evidence.
35:15-17-39. Cleaning and disinfection
Premises shall be cleaned and disinfected under regulatory supervision within fifteen (15) days following the removal of reactors or the entire herd for slaughter. An extension of time may be considered under extenuating circumstances. Exemptions from cleaning and disinfection requirements, when indicated, can be authorized by the cooperative state-federal officials directing the brucellosis program activities within the state.
35:15-17-40. Classification of cattle and bison
(a) Serologic tests. Animals are classified as Negative, Suspect, or Reactor based in part on their serologic test results, using the criteria listed in the Uniform Methods and Rules of Brucellosis Eradication and the Code of Federal Regulations for evaluation of titer response. Titer responses for all cattle must shall be evaluated by a trained, experienced epidemiologist(s) who has been designated to perform and/or supervise this function in each of the States. The designated epidemiologist must shall take into consideration the animal and herd history and other epidemiologic factors. The designated epidemiologist has the authority to may deviate from the reactor criteria but must shall document the reasons for doing so.
(b) Negative. Cattle and bison are classified as brucellosis negative when their blood serums have been are subjected to official serologic tests and the test results fail to do not disclose evidence of Brucella infection, and if blood, milk or tissues are subjected to bacteriologic methods for culturing field strain brucella and none are recovered. In short, for an An animal to shall only be classified as negative, if all procedures that are performed must fail to disclose evidence of brucellosis.
(c) Suspect. Cattle and bison are classified as suspects when their blood serums have been are subjected to official serologic tests and the test results are suggestive of infection but are inconclusive. Bacteriologic methods and a bacteriologic method to culture brucella, from blood, milk, or tissues, if used, did do not yield field strain brucella.
(d) Reactor. Cattle and bison are classified as reactors when their blood serums have been subjected to official serologic tests and the test results indicate that the animal has been was exposed to and is infected with Brucella. Cattle and bison are also classified as reactors in the absence of significant serologic test results when other diagnostic methods, such as bacteriologic methods, result in the recovery of field strain Brucella organisms, or a significant rise in the serologic titer occurs, or when other epidemiologic evidence of infection is demonstrated.
(e) Classification by designated epidemiologist. The evaluation and classification of titer responses for all animals shall be the responsibility of a trained, experienced epidemiologist who has been designated to perform this function, taking into consideration the animal and herd history and other epidemiologic considerations. The selection of the epidemiologist shall be made jointly by the brucellosis staff, USDA Veterinary Services (VS), Regional Epidemiologist, and state and federal animal health officials. Deviations from the reactor criteria in this Subchapter are acceptable when made by the designated epidemiologist.
(f) Other diagnostic tests and methods. Infection of animals by Brucella may also be indicated or confirmed by other diagnostic procedures such as the bacteriologic cultivation and isolation of Brucella from tissues, secretions, or excretions and positive agglutination in tests such as the semen plasma test.
(g) Reclassification of reactors. Animals initially classified as reactors under 35:15-17-1 and 35:5-17-40 may be eligible for reclassification provided an appropriate epidemiological investigation of the herd is conducted, including a serological test of the herd, if necessary, and there is no evidence of brucella infection or exposure thereto; and, provided final classification is determined by the designated epidemiologist. The herd must shall emain under quarantine pending final classification.
35:15-17-41. Identification of reactors
All reactor animals are to be permanently identified by branding with the letter "B" (at least 2x2 inches) placed on the tailhead. An approved reactor tag must shall be placed in the left ear. Identification of reactors must shall be accomplished completed within fifteen (15) days of the date of classification. The time may be extended for an additional additional (15) days for reasons mutually acceptable to the cooperating state and federal officials in charge.
35:15-17-42. Identification of exposed animals
(a) Exposed animals shall be identified by branding with a hot iron the letter "S" (at least 2x2 inches) placed on the tailhead prior to movement. These exposed animals may move from a farm of origin or from a livestock market direct to slaughter or to a quarantined feedlot.
(b) Exposed animals returned from the livestock market to the herd of origin under quarantine pending further testing are exempt from this requirement.
(c) Exposed animals may move from the farm of origin direct to a federal or state inspected slaughtering establishment in a sealed truck without permanent identification by "S" brand provided:
(1) the The animals are destined for slaughter at a single slaughtering establishment, and the entire lot is consigned direct to slaughter, with no diversion into holding facilities, and are moved in sealed vehicles with official shipping permit with eartag or backtag identification of each animal in the shipment, and the appropriate seal number is recorded, and the permit accompanies each shipment. Seals are to be placed and broken only by state or federal regulatory personnel during normal working hours. Livestock to be transported in sealed vehicles must remain on the premises until the appropriate regulatory personnel writes the permit and seals the vehicle. No post-authorized permits may be approved.
(2) The entire lot is consigned direct to slaughter with no diversion to holding facilities,
(3) The animals are moved in sealed vehicles with an official shipping permit with eartag or backtag identification of each animal in the shipment,
(4) The appropriate seal number is recorded, and
(5) The permit accompanies each shipment.
(d) Seals are to be placed and broken only by state or federal regulatory personnel during normal working hours.
(e) Livestock to be transported in sealed vehicles shall remain on the premises until the appropriate regulatory personnel writes the permit and seals the vehicle.
(f) Post-authorized permits shall not be approved.
35:15-17-43. Slaughter requirements
(a) Reactor or responder animals and "B" brand exposed animals shall be sold for immediate slaughter and removed from the premises under state or federal permit within fifteen (15) days of the date of identification. The time may be extended fifteen (15) days for reasons mutually acceptable to the cooperating state and federal officials in charge. Reactors or responders and "B" branded exposed animals in herd depopulations shall remain on the premises where disclosed of origin until a state or federal permit for movement to slaughter is obtained. Movement for immediate slaughter shall be to a slaughtering establishment where federal or state inspection is maintained or to a state or federal approved market for sale to the slaughtering establishment. There shall be no diversion from the permitted destination.
(b) Exposed animals consigned for immediate slaughter or to a quarantined feedlot shall remain on the premise of origin until an "S" brand permit for movement to slaughter or quarantined feedlot has been is prepared. Movement for immediate slaughter shall be to a slaughtering establishment where state or federal inspection is maintained or to a state or federal approved market for sale to a slaughtering establishment or quarantined feedlot. There shall be no diversion from the permitted destination.
(c) All test eligible animals shall have a blood sample collected at slaughter and all man-made identity shall be properly collected and submitted with each blood sample.
35:15-17-44. Movement of reactors, exposed animals and suspects
(a) Reactors, "B" branded exposed animals and "S" branded animals must shall be moved under permit or "S" brand permit. There shall be no diversion from the permitted destination. When moved, the animals must shall be maintained separate and apart from all other classes of livestock, in specially designed pens reserved for this purpose at livestock markets.
(b) Heifer calves born in affected herds or consigned with an MCI a market cattle investigation reactor shall meet one of the following to qualify for movement from the herd or sale premise.
(1) The heifer calves must shall be "S" branded or spayed, or
(2) The heifer calves must shall be quarantined and held separate and apart from the affected adult herd after weaning until the entire quarantined group is negative on an official test occurring not less than thirty (30) days following the completion of their first calving, or
(3) If the heifer calves remain in or return to the affected adult herd, the entire herd shall not be released from quarantine until all the heifer calves have matured and calves calved, then at not less than thirty (30) days after all the retained heifers have completed first calving, the entire herd must be tested shall test negative for brucellosis to qualify for quarantine release.
35:15-17-46. Services to owner [REVOKED]
Services should be rendered to the livestock owner as long as funds allocated for such purposes are available; however, owners are to provide for the handling of their animals. Contracts with accredited veterinarians, nonprofessionals, other state and federal agencies, or with the management of privately owned firms are to be used as needed to assist state and federal animal health personnel accomplish necessary sample collections, animal identifications, and other activities.
35:15-17-47. Herd depopulation
All affected herds shall be depopulated unless granted a waiver as prescribed in 35:15-17-36. Following herd depopulation, all contact herds and adjacent herds within one (1) mile of the perimeter of the depopulated herd shall be tested as prescribed in 35:15-17-38.
35:15-17-48. Diagnostic agents for brucellosis
Brucella antigens and all supplies accompanying these antigens used for the diagnosis or detection of brucellosis in domestic livestock will shall be distributed only to state or federal animal health personnel and approved accredited veterinarians testing domestic livestock or bison consigned to state or federally approved markets. Only state or federal animal health personnel, approved veterinary technicians, and approved accredited veterinarians may possess brucella antigens or the supplies accompanying these antigens. Approved accredited veterinarians may use the brucella antigens and the supplies accompanying these antigens only in approved laboratories at state or federally approved markets for testing domestic livestock or bison consigned for sale at state or federally approved markets.
35:15-17-49. Individual herd plan with adult Adult vaccination
According Adult vaccinations shall adhere to current recommendations of the USDA Uniform Methods and Rules (UM&R) for Brucellosis Eradication.
35:15-17-50. Epidemiologic services
The brucellosis eradication program shall furnish quality epidemiologic services to aid veterinarians and herd owners in brucellosis prevention and control leading toward local eradication. To accomplish this goal, the following components relating to epidemiologic service shall be instituted:
(1) State employed veterinarians having brucellosis program responsibilities shall attend an APHIS brucellosis epidemiology short course or its equivalent within the first year of their assignment.
(2) State livestock inspectors and APHIS animal health technicians shall have in their job descriptions a requirement for a structured program of continuing education on program elements.
(3) The state brucellosis program supervisor shall notify the state public health agency at the time or within fifteen (15) days of the imposition of each new affected herd quarantined for brucellosis. The public health agency will be required to shall take appropriate steps to mail to these herd owners educational letters which should encourage encouraging any existing human cases of brucellosis to see a physician and recommend procedures to minimize further potential exposure of family members and employees to brucellosis.
35:15-17-51. Individual herd plan
A written plan for the elimination of brucellosis from each affected herd shall be developed by the herd owner (and his veterinarian if so requested by the owner), and a veterinarian of the cooperative state-federal brucellosis eradication program.
35:15-17-52. Heifers to be spayed
Heifers less than test eligible age and are to be spayed may be released from an auction market to a licensed approved veterinarian's clinic within the state of Oklahoma. These heifers shall be accompanied by an official permit. All heifers spayed must be marked with a spayed spade brand on the tailhead. The spayed brand is to be in the form illustrated in Appendix P of this Chapter. No "S" branded females may shall not be released to a veterinarian's clinic for spaying.
35:15-17-53. Assurance test
All animals not included in a herd depopulation of an affected herd will shall be placed under herd surveillance after quarantine release until they pass negative assurance tests. Assurance The assurance test schedule will shall be between four (4) and eight (8) months and again between ten (10) and fourteen (14) months after the last reactor has been is removed from the herd. If all animals test negative to the assurance tests, the herd will shall be removed from the surveillance list. The assurance test schedule may be modified by the Designated Brucellosis Epidemiologist (DBE) if epidemiological evidence justifies a less stringent schedule.
35:15-17-54. Fictitious names and erroneous information
Test charts, vaccination charts and other official forms must shall be completed in the name of the actual owner, or the person responsible for the cattle. An auction market or market operator may shall not be held responsible for recording erroneous information provided by an owner, buyer or seller. The individual providing the erroneous or fictitious information shall be held accountable for a in violation of regulations rules adopted by the State Board of Agriculture.
35:15-17-55. Area test [REVOKED]
An area denoted by the Designated Brucellosis Epidemiologist in which all test eligible cattle shall be tested within a specified time. The Area Test must have prior approval of the Board of Agriculture.
35:15-17-56. Commuter herds
(a) Any person, firm or corporation importing or exporting cattle or bison as a commuter herd in Oklahoma must complete and obtain approval of a shall prepare an approved commuter herd agreement. This The agreement must shall be signed by the herdowner herd owner, or their legal representative, and the State Veterinarians of all states in which the commuter herd resides. A commuter herd permit number will be assigned to each approved commuter herd.
(b) All commuter herds must shall be a part of a valid farming, breeding, or ranching operation and any movement shall be in the course of normal farming, breeding or ranching activities without change of ownership. Only those bulls and cows and their calves which are a part of the breeding herd may be moved as a commuter herd. Movements shall only be between premises designated on the agreement.
(c) Any commuter herd which has disclosed reactors affected with field strain brucellosis during the previous forty-eight (48) months must shall have a negative complete herd test within thirty (30) days of submission of the commuter herd agreement for consideration. Approval, denial or revocation of commuter herd status will shall be based on the herd management and health history as evaluated by the designated brucellosis epidemiologists of all states in which the commuter herd resides.
(d) The animals in an approved commuter herd may be moved between the states approving the commuter herd agreement without additional tests for brucellosis provided they are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian within thirty (30) days of the movement. All requirements regarding any other infectious or contagious diseases must shall be completed prior to issuance of the certificate of veterinary inspection.
35:15-17-57. High risk herds [REVOKED]
The Designated Brucellosis Epidemiologist, with the approval of the State Veterinarian and the APHIS, Veterinary Services Area Veterinarian in Charge, shall have the authority to require any inspection, testing, investigation or quarantine of a high risk herd as is deemed necessary following the evaluation of animal and herd histories and other epidemiologic considerations.
PART 5. BRUCELLA VACCINE
35:15-17-59. Brucella vaccine
(a) Use of approved brucella vaccine shall be in accordance with instructions approved by the State Board of Agriculture accompanying each lot of vaccine.
(b) Non-approved brucella vaccine is prohibited for use or distribution.
(c) Approved brucella vaccine can shall only be used only by approved veterinarians and approved regulatory personnel.
(d) Before obtaining or using any approved brucella vaccine, veterinarians and regulatory personnel must shall have successfully completed a formal course of training in the dilution, handling and use of the vaccine.
35:15-17-60. Official calfhood vaccination shield
The official metal calfhood vaccination shield or any other approved device for the identification of official vaccinates must shall remain exclusively in the possession of an accredited veterinarian or state or federal animal health official at all times. The approved official tattoo will shall only be used to properly identify all officially calfhood vaccinated animals as defined in 35:15-17-1 and 35:15-17-3. Any unauthorized use or possession of this shield or other approved identification device shall constitute a violation of regulations rules adopted by the State Board of Agriculture.
PART 7. CERTIFIED BRUCELLOSIS-FREE HERDS OF CATTLE OR BISON
35:15-17-64. Qualifying methods
A herd of cattle or bison may qualify as Certified Brucellosis-Free by through one or more of the following methods:
(1) Milk Ring Test (BRT).
(A) Initial qualification. A minimum of four (4) consecutive negative milk ring tests conducted at not less than ninety (90) day intervals, following by a negative herd blood test conducted within ninety (90) days after the last negative milk ring test are required for initial qualification.
(B) Recertification. Milk ring test procedures are shall not be used for herd recertification.
(2) Complete herd test.
(A) Initial certification. At least two (2) consecutive negative tests of all test eligible animals not less than ten (10) months nor more than fourteen (14) months apart are required for initial certification. Additional herd tests may be conducted if the owner so desires or if the certifying agencies deem it necessary.
(B) Recertification. A negative herd test of all test eligible animals conducted within sixty (60) days of each anniversary date is required for continuous certification recertification. If the herd certification test is conducted within sixty (60) days following the anniversary date the certification period will be twelve (12) months from the anniversary and not twelve (12) months from the date of the recertifying test. If a herd test for recertification is not conducted within sixty (60) days following the anniversary date, then certification recertification requirements are the same as for initial certification.
35:15-17-65. Qualifying standards
Qualifying standards. Qualifying standards for a Certified Brucellosis-Free Herd of cattle or bison are as follows:
(1) Size of area. Size of area is on a herd basis, including all offspring.
(2) Length of status. Length of status is twelve (12) months.
(3) Testing period. Testing period.
(A) Initial certification. For initial certification the period is ten (10) to fourteen (14) months, ( or a minimum of nine (9) months if BRT the milk ring test is used).
(B) Recertification. For recertification a negative blood test of all text test eligible animals is to shall be conducted within ten (10) to fourteen (14) months of the last certification date for continuous status.
(4) Herd infection rates. The individual herd must disclose shall have no evidence of infection at the time of initial herd certification or recertification.
(5) Animal infection rates. The individual animals must disclose shall have no evidence of infection at the time of initial herd certification or recertification.
(6) Suspects. Animals classified as suspects shall be tested sufficiently to determine their status. The various supplemental tests shall be conducted on blood samples, and the results evaluated by a brucellosis epidemiologist and a determination made that an infection does not exist before the surveillance on suspects is dropped. If the suspects requiring retests are not available, then a complete herd test is necessary required.
(7) Herd status, if infection occurs. When one or more reactors are disclosed in a certified herd or in a herd under test for initial certification, the herd status shall be considered affected and the quarantined quarantine and retest provisions in 35:15-17-35 and 35:15-17-36 shall apply.
(A) Initial certification. A herd qualifies for initial Certified Brucellosis-Free status when the herd is free of infection, all provisions of release of quarantine have been are met, and when the additional provisions required under 35:15-17-64(1) and 35:15-17-64(2) have been are met.
(B) Recertification. A herd decertified because a brucellosis reactor is found may discovered shall only be recertified only by repeating the entire certification process.
(8) Movement of animals into a Certified Brucellosis-Free Herd. Standards for movement of animals into a Certified Brucellosis-Free Herd are as follows:
(A) From quarantine feedlots - No animal consigned to a quarantined feedlot may be maintained in association with a Certified Brucellosis-Free Herd.
(B) From other feedlots - Animals consigned to feedlots other than quarantined feedlots may be held on premises with a Certified Brucellosis-Free Herd provided these animals meet the blood testing requirements prior to entry into the feedlot and there is no contact with the Certified Brucellosis-Free Herd.
(C B) From Certified Brucellosis-Free Herds or Class Free States or Areas - No test requirements on breeding ordairy or dairy animals originating from Certified Brucellosis-Free Herds or Class Free States or Areas shall be required. Animals added to the Certified Brucellosis-Free Herd under this provision shall not receive new herd status for sale purposes until they have passed a sixty to one hundred twenty (60-120) day post-entry retest.
(D C) From Class A, B, or C Areas or States - Test eligible animals from herds not under quarantine must and from Class A, B, or C Areas or States shall be blood tested negative for brucellosis within thirty (30) days prior to the date of being moved. In addition, all other requirements for interstate or intrastate movement must shall be met. A sixty to one hundred twenty (60-120) day post-entry retest is required for all cattle purchased from noncertified free herds. Animals added to a Certified Brucellosis-Free Herd under this provision shall not receive new herd status for sale purposes until they have passed passing a sixty to ninety (60-120) day post-entry retest and have been are included in an anniversary herd test.
35:15-17-66. Certified Brucellosis-Free Herd
(a) Certified Brucellosis-Free Herds must shall have at least two (2) consecutive negative tests not less than ten (10) months nor more than fourteen (14) months apart. Additional herd tests may be conducted if the owner so desires or if the certifying agencies USDA Veterinary Services or the Oklahoma Department of Agriculture, Food, and Forestry deem it necessary. Commercial dairy herds require a minimum of four consecutive negative milk ring tests conducted at not less than 90-day intervals followed by a negative herd blood test conducted within 90 days after the last negative milk ring test. Herd additions and requalification must be made in accordance with procedures outlined in 35:15-17-64 and 35:15-17-65.
(b) Commercial dairy herds require a minimum of four (4) consecutive negative milk ring tests conducted at not less than ninety (90) day intervals followed by a negative herd blood test conducted within ninety (90) days after the last negative milk ring test.
(c) Herd additions and requalification shall be in accordance with procedures outlined in 35:15-17-64 and 35:15-17-65.
PART 11. ENTRY PERMIT AND RETEST REQUIREMENTS
35:15-17-73. Brucellosis requirements for entry of cattle into Oklahoma
All cattle and bison must shall have a Certificate of Veterinary Inspection prior to entry. Test eligible cattle and bison from Class B & and C states must shall have a permit in addition to a Certificate of Veterinary Inspection prior to entry. All test eligible cattle and bison must be tested shall test negative within thirty (30) days prior to entry and those test eligible cattle from Class B & and C States shall be quarantined and retested at owner's expense in not less than fort-five (45) nor more than one hundred twenty (120) days after entry. All test eligible cattle and bison from Class A states shall test negative within thirty (30) days prior to entry. Cattle from Certified Free Herds and/or "Free" states are exempt from the test requirements prior to entry provided they are individually officially identified and the certified free herd number or "Free" state status is recorded on the Certificate of Veterinary Inspection.
35:15-17-74. Cattle and bison from an out-of-state farm of origin
Cattle and bison from an out-of-state farm of origin may be consigned to an approved market in Oklahoma without test, permit or vaccination. Before release from the market, they must the cattle or bison shall meet all Oklahoma entry requirements. Test eligible animals from Class B & and C States moving through an Oklahoma market must shall be identified by the livestock market management at the time of sale. These animals must shall be released on an official permit and be consigned directly to slaughter, to a licensed feedlot, to other approved markets, or to a premise in Oklahoma. These The animals being released to a premise in Oklahoma must shall meet the test requirements as defined in 35:15-17-73, and will be held under quarantine and retested at owner's expense in not less than forty-five (45) days nor more than one hundred twenty (120) days. These animals Animals going to another state must shall meet state of destination requirements.
35:15-17-75. "S" branded cattle
All "S" branded cattle must shall obtain a permit prior to entry, be individually identified on a USDA, Veterinary Services, Form 1-27, or a comparable state form, and;
(1) Be shipped directly to an approved quarantined feedlot or approved slaughter establishment, with no diversion enroute,; or;
(2) Farm origin cattle may be Be consigned to an approved market to be sold direct to slaughter with no diversion enroute.
35:15-17-76. Out-of-state animals held under quarantine
Those out-of-state animals being held under quarantine for retest after entry may be sold and the quarantine transferred to the new owner provided that the new owner agrees to the quarantine and to retest at his the new owner's expense in not less than forty-five (45) nor more than one hundred twenty (120) days from the test date that met for entry requirements. A prior permit must shall be obtained from the office of the state veterinarian prior to sell sale of quarantined cattle.
35:15-17-77. Cattle and bison shipped to an approved slaughter plant facility in Oklahoma
Cattle and bison shipped into Oklahoma to an approved slaughter plant facility for immediate slaughter are exempt from the permit and test requirements provided that they meet interstate requirements as specified in the Code of Federal Regulations
35:15-17-78. Test eligible sexually intact animals
(a) Test eligible sexually intact animals imported into the state in violation of any import regulation shall be quarantined to the nearest approved market, quarantined feedlot or approved slaughtering establishment.
(b) Sexually intact animals which are not test eligible imported into the state in violation of any import regulation shall be quarantined to the premise of destination.
35:15-17-80. Rodeo bulls
(a) Rodeo bulls may move into the State of Oklahoma provided:
(1) The bull is classified as brucellosis negative based upon an official test conducted less than 365 days before the date of interstate movement;
(2) The bull is identified with an permanent official identification;
(3) There is no change of ownership since the date of the last official test;
(4) A certificate accompanies each interstate movement of the bull; and
(5) A permit for entry is issued for each interstate movement of the bull.
(b) Rodeo bulls moving within the state shall be tested and meet the following requirements:
(1) The bull is classified as brucellosis negative based upon an official test conducted less than 365 days before the date of intrastate movement;
(2) The bull is identified with an permanent official eartag identification; and
(3) There is no change of ownership since the date of the last official test.
(c) Rodeo bulls shall not be offered for sale or used for breeding unless they meet the testing requirement for beef breeds.
(d) Rodeo bulls shall be tested prior to any change in ownership.
35:15-17-81. International import requirements
(a) All sexually intact cattle and bison, from any foreign country or part thereof with no recognized brucellosis program equivalent to Oklahoma and the requirements of the UM&R standards of the U.S. Bovine Brucellosis Eradication program, that are imported for reasons other than immediate slaughter or feeding for slaughter must shall meet the following criteria:
(1) Obtain a permit issued by the Oklahoma Department of Agriculture, Food, and Forestry prior to entry, and
(2) Be be quarantined to the Oklahoma premise approved in the entry permit pending two (2) consecutive negative brucellosis tests.
(32) Males shall have the first test conducted not less than ninety (90) days nor more than one hundred twenty (120) days after arrival and the second test to be not less than 210 days nor more than 240 days after arrival in Oklahoma.
(4 3) Females shall have the first test conducted not less than ninety (90) days nor more than one hundred twenty (120) days after arrival and the second test to be thirty (30) to sixty (60) days after all females in the consignment have calved and not less than 210 days after arrival. Any females which are S-branded for immediate slaughter or feeding for slaughter prior to calving must be tested shall test negative within thirty (30) days of being S-branded.
(b) Those sexually intact cattle and bison, from any foreign country or part thereof with or without a recognized brucellosis program equivalent to Oklahoma and the requirements of the UM&R standards of the U.S. Bovine Brucellosis Eradication program, imported for immediate slaughter or feeding for slaughter must shall meet the following criteria:
(1) Obtain a permit issued by the Oklahoma Department of Agriculture, Food, and Forestry prior to entry, and
(2) Be consigned direct to an approved slaughter establishment or quarantined feedlot with no diversion from the permitted destination. Those animals consigned to a quarantined feedlot must be S-branded upon arrival at the feedlot.
(c) All sexually intact cattle or bison, from any foreign country or part thereof with a recognized brucellosis program equivalent to Oklahoma and the requirements of the UM&R standards of the U.S. Bovine Brucellosis Eradication program, imported for reasons other than immediate slaughter or feeding for slaughter must shall meet the following criteria:
(1) Obtain a permit issued by the Oklahoma Department of Agriculture, Food, and Forestry prior to entry.
(2) All test eligible cattle and bison from areas equivalent to Class A state status must be tested shall test negative within thirty (30) days prior to entry.
(3) All test eligible cattle and bison from areas equivalent to Class B and C state status shall be required to meet the same requirements for entry as listed in subsection (a) above of this section.
(4) Test eligible cattle and bison from areas equivalent to Class Free state status are exempt from quarantine and retest requirements provided they are individually identified and the Free state status is recorded on the certificate of veterinary inspection.
PART 13. COMMUNITY PASTURES
35:15-17-83. Community pastures
Groups of test eligible cattle and bison under multiple ownership that are to share a common premises, (such as including but not limited to a community pasture, grazing associations association, or leaseslease, etc.) shall be from a herd not known to be affected with brucellosis, and have passed a negative test within thirty (30) days prior to sharing a common premises with other herds.
PART 15. DEPOPULATION PAYMENT
35:15-17-87. Conditions and animal qualifications for depopulation payment
(a) Any owner of cattle or bison destroyed because of an approved brucellosis depopulation agreement with the State of Oklahoma shall be entitled to payment in an amount of $50.00 for each eligible animal, provided the animal qualifies for payment pursuant to official state brucellosis regulations rules and agreement for depopulation.
(1) All eligible animals must shall be tagged and "B" branded as reactor animals.
(2) All eligible "B" branded animals must shall be handled in accordance with 35:15-17-44.
(b) State depopulation monies, within the limits of availability, shall be in addition to any payments made by the United States Department of Agriculture for depopulation.
(c) State depopulation monies shall not be paid unless the owner of said the cattle or bison is in compliance with all the requirements of the State of Oklahoma brucellosis depopulation agreement.
PART 17. BLOOD TYPING
35:15-17-91. Misrepresentation of blood samples or animals is a violation
(a) It shall be a violation of regulations rules adopted by the State Board of Agriculture to misrepresent any blood sample submitted for official testing. Currently Methodology currently used for blood typing methodology shall may be used to assure the validity of such samples.
(b) When a retest of a serologically positive animal is conducted, it shall be a violation of regulations rules adopted by the State Board of Agriculture for anyone to present any animal other than the original animal for this the retest. Currently Methodology currently used for blood typing methodology will may be used to assure that the samples match.
[OAR Docket #10-1043; filed 6-15-10]