Permanent Final Adoptions

TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry

CHAPTER 15. Animal Industry

[OAR Docket #10-1037]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 38. Bovine Trichomoniasis

35:15-38-1 [AMENDED]

35:15-38-2 [AMENDED]

35:15-38-2.1 [NEW]

35:15-38-3 [AMENDED]

35:15-38-4 [REVOKED]

AUTHORITY:

State Board of Agriculture; O.S. ยงยง 2-4 (A)(2)

DATES:

Comment period:

January 4, 2010 through February 3, 2010

Public hearing:

February 3, 2010

Adoption:
March 17, 2010

Submitted to Governor:

March 17, 2010

Submitted to House:

March 17, 2010

Submitted to Senate:

March 17, 2010

Gubernatorial approval:

April 14, 2010

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on May 13, 2010

Final adoption:

May 13, 2010
Effective:
July 25, 2010

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A
ANALYSIS:

The proposed rules amend the bovine trichomoniasis rules to include intrastate testing and to delete portions of the original rule that are obsolete. In addition, the proposed rules clean up the rules for bovine trichomoniasis. Trichomoniasis is a venereal disease of cattle, characterized primarily by early pregnancy loss and, occasionally, by abortion and uterine infections. Oklahoma ranks as one of the top five cattle producing states in the US so it is imperative that this devastating disease is controlled.

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 38. Bovine Trichomoniasis

35:15-38-1. Definitions

The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:

"Acceptable specimen" means a specimen determined satisfactory for diagnostic testing by the testing laboratory, including complete documentation.

"Approved laboratory" means any laboratory designated and approved by the state veterinarian for examining T. foetus samples.

"Approved veterinarian" means an accredited veterinarian who has attended trichomoniasis training that is approved by the state veterinarian, and the training shall include preputial sampling, sample handling and shipping, appropriate record keeping, and official bull trichomoniasis identification.

"Bovine" means any sexually intact male and female animal of the genus bos.

"Change of ownership" means control of an animal being transferred between two (2) persons by sale, lease, or lending.

"Commingle" means animals of opposite sex and belonging to different owners in the same enclosure or pasture with a reasonable opportunity for sexual contact.

"Complete herd test" means an official T. foetus test from each non-virgin bull in the herd.

"Herd" means the group of animals consisting of all male and female bovines over twelve (12) months of age that have commingled during the last twelve (12) months.

"Official T. foetus laboratory testing" means the laboratory procedures that shall be approved by the state veterinarian for culture and identification of T. foetus.

"Official T. foetus bull test" means the sampling of the preputial content of a bull by a licensed, accredited and trich test certified veterinarian or a veterinarian from the Oklahoma Department of Agriculture, Food, and Forestry. The test shall be conducted after a one week separation from all female bovine and the bull and sample shall be positively and individually identified and documented for laboratory submission. The test may consist of three (3) culture tests one (1) week apart or one (1) PCR test.

"Positive T. foetus bull" means a bull that has had a positive T. foetus test.

"Positive T. foetus herd" means the group of all bovines which have had any opportunity for sexual contact in the previous breeding season and in which any male or female animal has had a positive diagnosis for T. foetus.

"Negative T. foetus bull" means a bull that qualifies by one of the following:

(A) originate from a herd not known to be infected and has had a negative official T. foetus bull test within the last year;

(B) originate from a positive herd but has a series of three

(C) negative official T. foetus bull tests at intervals of at least one week; or

(D) a negative import and negative in-state official T. foetus bull test within thirty (30) days prior to and post entry and prior to with no sexual activity for one (1) week prior to the test and between the test and movement.

"Suspect T. foetus bull" means a bull from a positive T. foetus herd that has not yet had three (3) consecutive negative official T. foetus bull tests.

"Trichomonas (Tritrichomonas) foetus" or "T. foetus" means a contagious venereal protozoan parasite disease of the trichomonas foetus species that frequently results in lifetime infection of male bovidae as an inapparent carrier and causes infertility, pyometra, abortions and reproductive inefficiency in female bovidae.

"Unacceptable sample" means a sample that is deemed not diagnostic by the official testing laboratory.

"Virgin bull" means a sexually intact male bovine less than twelve (12) months of age or a sexually intact male bovine between twelve (12) and twenty-four (24) months that is accompanied by signed affidavit from the owner or manager as having that has had no breeding and no potential breeding contact with females.

"Virgin bull affidavit" means a signed affidavit from the owner, manager, or veterinarian that verifies the bull has had no breeding and no potential breeding contact with females.

35:15-38-2. Import requirements for breeding bulls

(a) All bulls entering Oklahoma shall be accompanied by a certificate of veterinary inspection. All non-virgin bulls shall have a negative T. foetus test within thirty (30) days prior to entry.

(b) The pre-entry test shall be conducted at a laboratory approved by the American Association of Veterinary Diagnostic Laboratories or the Oklahoma state veterinarian. In state post entry test shall be required within thirty (30) days of entry into Oklahoma and prior to any sexual activity.

(c) No bull that has ever previously tested positive for T. foetus shall enter Oklahoma unless the bull is consigned directly to slaughter and is individually identified for movement on a USDAVS form 1-27.

(d) No bull from a known positive T. foetus herd shall enter Oklahoma unless the bull has three (3) consecutive negative tests at least a week apart within thirty (30) days prior to entry, in addition to the a post entry test and the bulls shall be isolated from all females until the in-state test results are known.

(e) The veterinarian issuing the certificate of veterinary inspection shall forward a copy of all official negative T. foetus tests for the bulls list the date of the test, name of the laboratory, laboratory accession number, type of test, and result of the test for each bull represented on the certificate of veterinary inspection to the Oklahoma state veterinarian's office.

(f) Exceptions to the importation requirements are:

(1) transient rodeo or exhibition bulls that will have had no sexual contact with a female bovine and are held in a secure facility to prevent contact, (does not include excluding pasture) while in Oklahoma;

(2) bulls consigned direct to slaughter; or

(3) bulls consigned to a feedlot for feeding purposes where they will be isolated from all females:

(A) bulls moved from a feedlot shall have three (3) consecutive official negative T. foetus tests at least one week apart unless consigned directly to slaughter; and

(B) any known positive T. foetus bull quarantined in a feedlot shall go directly to slaughter from the feedlot.

35:15-38-2.1. Intrastate change of ownership requirements for bulls

(a) Any bull changing ownership within the state of Oklahoma shall have a negative official T. foetus test within thirty (30) days prior to change of ownership with no exposure to females from seven (7) days prior to the test to the time of change of ownership.

(b) Exceptions to this rule shall include the following:

(1) A bull accompanied by a virgin bull affidavit;

(2) A bull sold directly to slaughter; or

(3) A bull sold for feeding and slaughter that will be castrated within seven (7) days of change of ownership.

(c) Any bull presented for sale at a livestock auction market without a virgin bull affidavit or verification of a negative official T. foetus test:

(1) Shall be tagged for slaughter only and sold for slaughter on a VS 1-27 form;

(2) May go to the purchaser's destination so long as the market veterinarian takes a sample for an official T. foetus test and the purchaser agrees to keep the bull under quarantine at the destination until receipt of negative test results.

(d) A livestock auction market shall not be liable for a virgin bull affidavit verifying no sexual contact with females within seven (7) days prior to arrival at the livestock auction market, and shall not be liable for the results of a market veterinarian's sampling and results for an official T. foetus test.

(e) The above requirements shall become effective on January 1, 2011.

35:15-38-3. Import requirements for reproductive bovine females

(a) Female cattle or bison may enter Oklahoma with no restrictions unless originating from a known positive T. foetus herd.

(b) No A female bovine originating from a known positive T. foetus herd shall may enter Oklahoma, except in only upon a CVI with a statement that the female is from a known T. foetus infected herd pursuant to one of the following circumstances:

(1) The female bovine has a calf at side and no exposure to other than known negative bulls since parturition;

(2) The female bovine are at least one hundred twenty (120) days pregnant;

(3) The female bovine are known to be virgin heifers;

(4) The female bovine are heifers exposed only to known negative bulls and are not yet one hundred twenty (120) days pregnant;

(5) The female bovine are documented to have had at least one hundred twenty (120) days of sexual isolation; or

(6) The female bovine are consigned directly to slaughter or to a quarantined feedlot.

35:15-38-4. Voluntary T. foetus free herd certification [REVOKED]

(a) All non-virgin breeding bulls shall be tested annually for T. foetus for the three (3) years following the effective date of this rule.

(1) During the initial three (3) year period, all non-virgin breeding bulls with changes of ownership, leased, or rented shall be tested for T. foetus within thirty (30) days prior to the change unless consigned directly to slaughter. The test shall be completed and test results known prior to the time a bull is physically transferred to the receiving premises or herd.

(2) Negative T. foetus bulls shall be identified with an official Oklahoma negative T. foetus tag.

(3) All slaughter bulls removed from the herd shall be tested for T. foetus. The test may be performed at a slaughter facility if prior arrangement with a veterinarian and an appropriate agreement with the slaughter facility management are made.

(4) Bovine females added to a certified herd shall not originate from known T. foetus infected herd. Female herd additions shall originate from an Oklahoma certified T. foetus free herd or qualify in one of the following categories:

(A) calf at side and no exposure to other than known negative T. foetus bulls;

(B) checked by an accredited veterinarian at least one hundred twenty (120) days pregnant and properly documented;

(C) virgin; or

(D) heifers exposed as virgins only to known negative T. foetus infected bulls and not yet one hundred twenty (120) days pregnant.

(5) Records shall be maintained for all tests including all non-virgin bulls entering the herd and made available for inspection by a designated accredited veterinarian or state animal health official.

(6) Following successful completion of the three (3) year testing requirement, the participating entity shall receive a T. foetus free certification from the state veterinarian's office. Annual recertification shall require documented evidence that all male herd additions were virgin or that non-virgin breeding bulls added to the herd had three (3) official negative T. foetus test within thirty (30) days prior to commingling with female bovine and that all slaughter bulls removed from the herd have been negative for T. foetus prior to or at slaughter.

(7) A herd in which a bull has a confirmed T. foetus infection shall be classified as a positive T. foetus herd and shall be removed from the free status. The herd shall be quarantined until positive T. foetus bulls are sent to slaughter and all other bulls in the herd test negative to three (3) consecutive official T. foetus tests at least seven (7) days apart. The initial negative T. foetus test is included in the three (3) negative tests.

(b) A non-tested non-virgin bull that commingles with a herd that holds or is actively working toward the Oklahoma certified trich free status by fence breach or any commingled situation shall obligate the owner of the non-tested bull to test the bull from one to three times at the option of the state veterinarian in consultation with the owner and veterinarian of the negative herd.

(c) A bull from a herd holding a current or has a pending free certification and commingles with a non-tested herd shall undergo one to three official T. foetus tests prior to return to the herd of origin. In the event of a positive test, all bulls from both herds may be subject to test. The state veterinarian in consultation with the herd owner and herd veterinarian shall require all bulls to be tested negative on three (3) consecutive cultures or PCR prior to reinstatement of status.

[OAR Docket #10-1037; filed 6-15-10]