Permanent Final Adoptions

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

CHAPTER 15. Animal Industry

[OAR Docket #12-659]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 3. Animal Health Reportable Diseases

35:15-3-2 [AMENDED]

Subchapter 11. Importation of Livestock, Poultry, and Pets

Part 13. Equine Piroplasmosis

35:15-11-52 [AMENDED]

35:15-11-53 [AMENDED]

35:15-11-54 [AMENDED]

35:15-11-55 [AMENDED]

35:15-11-56 [AMENDED]

Subchapter 15. Equine Infectious Anemia (EIA)

Part 7. Requirements for Approved Markets

35:15-15-72 [REVOKED]

AUTHORITY:

Article 6, Section 31, Constitution of the State of Oklahoma; Oklahoma State Board of Agriculture; 2 O.S. Sections 2-4, 6-1 et seq.

DATES:

Comment period:

December 15, 2011 through January 17, 2012

Public hearing:

January 17, 2012

Adoption:

February 14, 2012

Submitted to Governor:

February 21, 2012

Submitted to House:

February 21, 2012

Submitted to Senate:

February 21, 2012

Gubernatorial approval:

March 30, 2012

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on April 18, 2012.

Final adoption:

April 18, 2012
Effective:
July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A

ANALYSIS:

The proposed rule changes add and remove reportable diseases, remove certain regulatory and testing burdens on sale untested equidae, add and remove definitions, changes the testing procedures for equine piroplasmosis, and makes several minor grammatical and textual changes.

CONTACT PERSON:

Bennett Abbott, Assistant General Counsel, Oklahoma Department of Agriculture, Food, and Forestry, Office of General Counsel, P.O. Box 528804, Oklahoma City, OK 73152-8804, phone: (405) 522-5803, email: bennett.abbott@ag.ok.gov

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 1, 2012:

SUBCHAPTER 3. Animal Health Reportable Diseases

35:15-3-2. Reportable diseases

(a) Multiple species diseases

(1) Anthrax

(2) Aujeszky's disease

(3) Bluetongue

(4) Brucellosis (Brucella abortus)

(5) Brucellosis (Brucella melitensis)

(6) Brucellosis (Brucella suis)

(7) Crimean Congo haemorrhagic fever

(8) Echinococcosis/hydatidosis

(9) Foot and mouth disease

(10) Heartwater

(11) Japanese encephalitis

(12) Leptospirosis

(13) New world screwworm (Cochliomyia hominivorax)

(14) Old world screwworm (Chrysomya bezziana)

(15) Paratuberculosis

(16) Q fever

(17) Rabies

(18) Rift Valley fever

(19) Rinderpest

(20) Trichinellosis

(21) Tularemia

(22) Vesicular stomatitis

(23) West Nile fever

(b) Other diseases

(1) Camelpox

(2) Leishmaniosis

(c) Cattle diseases

(1) Bovine anaplasmosis

(2) Bovine babesiosis

(3) Bovine genital campylobacteriosis

(4) Bovine spongiform encephalopathy

(5) Bovine tuberculosis

(6) Bovine viral diarrhea

(7) Contagious bovine pleuropneumonia

(8) Enzootic bovine leukosis

(9) Haemorrhagic septicaemia

(10) Infectious bovine rhinotracheitis/infectious pustular vulvovaginitis

(11) Lumpky skin disease

(12) Malignant catarrhal fever

(13) Theileriosis

(14) Trichomonosis

(15) Trypanosomosis (tsetse-transmitted)

(d) Sheep and goat diseases

(1) Caprine arthritis/encephalitis

(2) Contagious agalactia

(3) Contagious caprine pleuropneumonia

(4) Enzootic abortion of ewes (ovine chlamydiosis)

(5) Maedi-visna

(6) Nairobi sheep disease

(7) Ovine epididymitis (Brucella ovis)

(8) Peste des petits ruminants

(9) Salmonellosis (S. abortusovis)

(10) Scrapie

(11) Sheep pox and goat pox

(e) Equine diseases

(1) African Horse Sickness

(2) Contagious Equine Metritis

(3) Dourine

(4) Equine Encephalomyelitis (Eastern and Western)

(5) Equine Infectious anaemia

(6) Equine influenza

(7) Equine piroplasmosis

(8) Equine rhinopneumonitis

(9) Equine viral arteritis

(10) Glanders

(11) Surra (Trypanosoma evansi)

(12) Venezuelan equine encephalomyelitis

(13) Strangles (Streptococcus equi)

(f) Swine diseases

(1) African swine fever

(2) Classical Swine Fever

(3) Nipah virus encephalitis

(4) Porcine cysticercosis

(5) Porcine reproductive and respiratory syndrome

(6) Swine vesicular disease

(7) Transmissible gastroenteritis

(g) Avian diseases

(1) Avian chlamydiosis

(2) Avian infectious bronchitis

(3) Avian infectious laryngotracheitis

(4) Avian mycoplasmosis (M. gallisepticum)

(5) Avian mycoplasmosis (M. synoviae)

(6) Duck virus hepatitis

(7) Fowl cholera

(8) Fowl typhoid

(9) Highly pathogenic avian influenza and low pathogenic avian influenza in poultry as per Chapter 2.7.12. of the Terrestrial Animal Health CodeAvian influenza

(10) Infectious bursal disease (Gumboro disease)

(11) Marek's disease

(12) Newcastle disease

(13) Pullorum disease

(14) Turkey rhinotracheitis

(h) Cervidae diseases - Chronic Wasting Disease (CWD)

(i) Lagomorph diseases

(1) Myxomatosis

(2) Rabbit haemorrhagic disease

(j) Fish diseases

(1) Epizootic haematopoietic necrosis

(2) Infectious haematopoietic necrosis

(3) Spring viraemia of carp

(4) Viral haemorrhagic septicaemia

(5) Infectious pancreatic necrosis

(6) Infectious salmon anaemia

(7) Epizootic ulcerative syndrome

(8) Bacterial kidney disease (Renibacterium salmoninarum)

(9) Gyrodactylosis (Gyrodactylus salaris)

(10) Red sea bream iridoviral disease

(k) Crustacean diseases

(1) Taura syndrome

(2) White spot disease

(3) Yellowhead disease

(4) Tetrahedral baculovirosis (Baculovirus penaei)

(5) Spherical baculovirosis (Penaeus monodon-type baculovirus)

(6) Infectious hypodermal and haematopoietic necrosis

(7) Crayfish plague (Aphanomyces astaci)

(l) Bee diseases

(1) Acarapisosis of honey bees

(2) American foulbrood of honey bees

(3) European foulbrood of honey bees

(4) Small hive beetle infestation (Aethina tumida)

(5) Tropilaelaps infestation of honey bees

(6) Varroosis of honey bees

(m) Mollusc diseases

(1) Infection with Bonamia ostreae

(2) Infection with Bonamia exitiosa

(3) Infection with Marteilia refringens

(4) Infection with Mikrocytos mackini

(5) Infection with Perkinsus marinus

(6) Infection with Perkinsus olseni

(7) Infection with Xenohaliotis californiensis

SUBCHAPTER 11. Importation of Livestock, Poultry, and Pets

PART 13. EQUINE PIROPLASMOSIS

35:15-11-52. Definitions

The following words and phrases shall have the following meanings:

"Confirmed positive case" means an equid that has tested positive for Equine Piroplasmosis by the National Veterinary Services Laboratories (NVSL) with either a complement fixation (CF) test or a competitive enzyme-linked immunosorbent assay (c-ELISA). An equid may be classified as a confirmed positive case without showing evidence of clinical disease.

"Equine Piroplasmosis reactor" means any equid Equidae that tests positive for Equine Piroplasmosis from either B. caballi or T. equi but has not been confirmed by NVSL.

"Exposed equids" means all equids in the same herd or group as an Equine Piroplasmosis positive equid or that have had recent direct and sustained contact with a positive equid, as determined by the State Veterinarian.

"Exposed" means all Equidae in the same herd as a Prioplasmosis positive animal or had recent direct and sustained contact with a Piroplasmosis animal.

"High risk premises" means premises where transmission of Equine Piroplasmosis is known or suspected to have occurred or has the potential to occur, through either natural tick borne transmission or high risk management practices and as determined by the State Veterinarian.

"Low risk premises" means premises where transmission of Equine Piroplasmosis has not been demonstrated or suspected to have occurred and has a low potential to occur, through either natural tick borne transmission or management practices and as determine by the State Veterinarian risk.

"Negative Equidae" means Equidae that show a negative result to a competitive enzyme-linked immunosorbent assay (c-ELISA) test for Equine Piroplasmosis or have been classified negative by the designated epidemiologist, based on history, supplemental tests, or other epidemiological evidence.

"Positive Equidae" means Equidae that show a positive result to for Equine Piroplasmosis by the National Veterinary Services Laboratories (NVSL) on the complement fixation (CF) test or competitive enzyme-linked immunosorbent assay (c-ELISA) test.

"Suspect case" means an equid Equidae with clinical signs consistent with Equine Piroplasmosis, a history of exposure, or an inconclusive test.

35:15-11-53. Testing for Equine Piroplasmosis equids

(a) All official samples collected from Equidae for Piroplasmosis testing shall be collected by a state or federal veterinarian, an accredited veterinarian, or an authorized agent of the Board. Samples shall be submitted to an approved lab within 30 days of collection.

(1) The State Veterinarian, a state or federal veterinarian, an authorized agent of the Board, or an accredited veterinarian acting under authority of the State Veterinarian may cause an official test to be conducted on any Equidae known or suspected to be infected with or exposed to Piroplasmosis.

(2) If the owner refuses or neglects to comply with the testing requirements, the Equidae shall be quarantined and the movement of any Equidae from the premises shall be prohibited.

(3) The State Veterinarian may provide and require supervision for collection of test samples submitted by an accredited veterinarian.

(4) Any person providing erroneous or fictitious information shall be in violation of these rules.

(5) Any person altering, defacing, or falsifying information on a test chart, permit, certificate of veterinary inspection, or any form associated with the Piroplasmosis program shall be in violation of these rules.

(b) All Equidae epidemiologically determined to have been exposed to a Piroplasmosis positive animal shall be quarantined and tested by a state or federal veterinarian, an accredited veterinarian, or an authorized agent of the Board.

(1) Test results for suspect cases and reactor equids Equidae shall be confirmed by NVSL and confirmed positive equids shall be isolated from other animals immediately.

(b) All exposed equids shall be tested for Equine Piroplasmosis.

(12) Positive results shall be confirmed by NVSL.

(23) EquidsExposed Equidae that test negative shall be retested at least thirty (30) calendar days from last exposure to a positive equid Positive Equidae and shall not be released from quarantine until obtaining a negative test a minimum of thirty (30) calendar days from the last exposure. The equid may be tested more frequently during the thirty (30) calendar day period at the discretion of the State Veterinarian.

(3) Any other epidemiologically linked equids shall be tested, including but not limited to those in possible source herds, those traced out of herds with positive equids, and those deemed necessary by the State Veterinarian.

(4) If an exposed equid remains negative on retest, it may be considered a nonreactor or test negative equid.

(4) Epidemiologic data may be considered in the testing requirements for Exposed Equidae and affected herds.

(c) Release of quarantine.

(1) No Equidae held under quarantine shall be moved or released until a written permit or quarantine release signed by an authorized agent has been executed.

(2) Exposed Equidae may be released from quarantine after obtaining a negative test a minimum of thirty (30) calendar days from the last exposure.

(3) Epidemiologic data may be considered in the release of the quarantine.

(cd) Foals born to positive mares are considered exposed and shall be tested because Equine Piroplasmosis hemoparasites may be transmitted in utero or at parturition.

(1) Foals under six (6) months of age may carry maternal antibodies to infection but may not be infected. Therefore, seropositive foals without other evidence of infection via PCR or blood smears shall be retested after waning of maternal antibodies.

(2) Foals shall be kept in quarantine until weaned or separated from the mare and until tested negative for Equine Piroplasmosis (at a minimum of six (6) months of age) at NVSL.

35:15-11-54. Management and disposition of positive equids Positive Equidae

(a) Any equid Equidae confirmed positive for Equine Piroplasmosis shall be officially identified by the Department or regulatory personnel acting under the authority of the State Veterinarian, unless already electronically identified.

(b) Options for managing positive equids Positive Equidae include quarantine, quarantine with treatment, export, and euthanasia. Conditions for quarantine shall be outlined in a compliance agreement established between the owner and the State Veterinarian. Standards for quarantine shall differ for high risk and low risk premises.

(c) Management of positive equids Positive Equidae shall be conducted under the direct supervision of the State Veterinarian.

(1) Quarantine on high risk premises:

(A) Positive equids Equidae shall be housed in a tick free facility on any premises approved by the State Veterinarian.

(B) If no tick free facility is available, the positive equids Positive Equidae shall be housed at a predetermined safe distance from other equids Equidae. The State Veterinarian shall determine the predetermined distance with the goal of reducing the risk of tick borne transmission and shall take into account tick species in the area, natural geographical barriers, seasonal variation, the potential role of wildlife in tick movement, and other factors.

(C) A tick free facility may be of any size but shall be surrounded by two (2) fences a minimum of thirty (30) feet apart, with the zone between the fences free of vegetation and animals.

(D) Prior to moving positive equids Positive Equidae into a facility, the equids Equidae, the facility, and the thirty (30) foot barrier zone shall be treated to eliminate ticks using an approved acaricide.

(i) Positive equids Equidae shall be maintained on a fourteen (14) to eighteen (18) day acaricide treatment interval to minimize tick infestations.

(ii) Acaricides used shall be labeled as effective against ticks (e.g., a synthetic pyrethroid such as ten percent (10% permethrin), and approved for use on equids Equidae or on the environment (i.e., pasture, stall, soil, etc.), and registered in the State of Oklahoma.

(iii) Owners and premises personnel shall obtain a private applicator's license prior to treating equids.

(E) Unless approved by the State Veterinarian, only positive equids Equidae are allowed in the tick-free facility. Dogs, other domestic animals, or livestock shall not be allowed to enter the facility unless maintained on acaricide treatment and remain tick free at all times.

(F) Facility inspections shall be conducted pursuant to the following schedule:

(i) The State Veterinarian shall make at least two (2) unannounced inspections of the facility within the first sixty (60) calendar days of quarantine to ensure no unauthorized animals are moving to or from the facility, the thirty (30) foot zone is free of vegetation and animals, and the positive equids Positive Equidae are not tick infested.

(ii) During the first year of quarantine, premises shall be inspected at least quarterly, or more frequently as determined by the State Veterinarian, to assess compliance. At least one of these inspections shall be unannounced.

(iii) After the first year of quarantine, there shall be a minimum of two (2) intensive premises inspections per year for premises that repeatedly demonstrate complete compliance. These inspections may be scheduled or unannounced at the discretion of the State Veterinarian.

(iv) Frequency of inspections shall be increased in cases where the State Veterinarian has identified the potential for noncompliance.

(G) Working, exercising, or allowing other contact between positive and negative equids Positive and Negative Equidae shall not be allowed except in the following circumstances:

(i) Any contact with other animals shall only occur on the quarantined premises.

(ii) Both positive and negative equids Positive and Negative Equidae shall be treated with an approved acaricide not less than twenty four (24) hours and not more than fourteen (14) days prior to any contact.

(iii) EquidsEquidae shall not be left unattended in pastures. When acaricide treated positive equids Positive Equidae are not being ridden, they shall be placed in a trailer or kept a minimum of ten (10) feet from acaricide treated negative equids Negative Equidae.

(iv) Trailers used to transport positive equids Positive Equidae within the quarantined premises shall be treated with acaricide after each use.

(v) Premises where positive and negative equids Positive and Negative Equidae have any contact shall be subject to more frequent inspections by the State Veterinarian.

(2) Quarantine on low risk premises:

(A) Positive equids Equidae shall be housed in separate pens or pastures away from negative equids Negative Equidae.

(i) There shall be a minimum ten (10) foot separation maintained between positive equids Positive Equidae and negative equids Negative Equidae on the same or adjacent low risk premises, with vegetation kept no higher than four (4) inches tall in the intervening space.

(ii) If the ten (10) foot separation is not possible due to facility size or other limiting factors, the State Veterinarian shall evaluate the facilities on a case-by-case basis to determine if sufficient space and barriers are available to establish and maintain the necessary isolation of positive equids Positive Equidae.

(B) Inspections shall occur on the same schedule as for positive equids Positive Equidae quarantined on high risk premises.

(3) Quarantine and enrollment in an approved Equine Piroplasmosis treatment research program shall be available upon the approval of the State Veterinarian.

(A) Any associated costs for an approved Equine Piroplasmosis treatment research program shall be the owner's responsibility.

(B) Management of positive equids Positive Equidae enrolled in an approved Equine Piroplasmosis treatment program shall be in accordance with the standards specified in this section.

(C) If an equid Equidae completes an approved treatment research program, effectively demonstrates freedom from the organism, and no longer meets the confirmed positive case definition for Equine Piroplasmosis, the equid Equidae may be eligible for quarantine release at the discretion of the State Veterinarian.

(4) An owner of an Equine Piroplasmosis positive equid to any other country shall be coordinated with authorities in the destination country to arrange for standards and transportation.It shall be the owner's responsibility to coordinate with authorities in the destination country for the export of an Equine Piroplasmosis Positive Equidae and to arrange for transportation. The positive equid Positive Equidae shall be transported to the export facility under an APHIS movement permit and official seal.

(5) Euthanasia and disposal:

(A) Both euthanasia and disposal shall be documented and conducted pursuant to the supervision of the State Veterinarian.

(B) Federal and State indemnity shall not be available.

35:15-11-55. Release and removal options for exposed equids Exposed Equidae

(a) On high risk premises where positive equids Positive Equidae remain, exposed equids Exposed Equidae may be released from quarantine and removed from the premises under the following conditions:

(1) NVSL tests the exposed equids Exposed Equidae and determines they are negative.

(2) The negative equids Negative Equidae are treated for ticks using an approved acaricide.

(3) Exposed equids Equidae are confined to a negative equine facility (e.g., pen, paddock, stall):

(A) The negative facility shall contain no vegetation and shall have been treated with an approved acaricide;

(B) The facility is surrounded by two fences a minimum of thirty (30) feet apart with a zone free of vegetation between the fences or barriers;

(C) The thirty (30) foot zone around the facility is kept free of vegetation and treated with an acaricide approved for treating facilities to eliminate ticks. Treatments shall be repeated as often as necessary according to label instructions to maintain a zone with no ticks. If thirty (30) feet of separation is not possible, the State Veterinarian shall evaluate the facilities on a case-by-case basis to determine whether sufficient space and barriers are available for isolating the negative equids Negative Equidae; and

(D) No equipment, tack, hay, feed, bedding, manure, clothing, or other items have been brought into the negative facility from any positive equid Positive Equidae premises.

(4) After the animals are confined, they are retreated with an acaricide at fourteen (14) to eighteen (18) day intervals.

(5) The negative equids Negative Equidae are inspected for ticks ("scratched") and retested by the NVSL not less than thirty (30) days following entry into the negative equine facility. Exposed equids Equidae that are negative on the retest and free of ticks may be released from the quarantine if treated with an approved acaricide and removed from the premises while still wet with the acaricide.

(6) Dogs, other domestic animals, or livestock that have access to a negative equine facility shall be treated to prevent tick transmission to the facility.

(b) After all positive equids Positive Equidae have been removed from high risk premises, the remaining equids Equidae may be released from quarantine through the following process based on the presence of vegetation on the premises:

(1) Premises with no vegetation:

(A) After all positive equids Positive Equidae leave the premises, the negative equids Negative Equidae shall be treated for ticks using an approved acaricide.

(B) Treat the premises with an approved acaricide.

(C) Retest the negative exposed equids Exposed Equidae at NVSL no less than thirty (30) days after removing the positive equids Positive Equidae.

(D) If the equids Equidae are negative on the retest, the quarantine may be released by the State Veterinarian.

(2) Premises with vegetation:

(A) After all positive equids Positive Equidae leave the premises, the negative equids Negative Equidae shall be treated for ticks using an approved acaricide.

(B) The vegetation shall be mowed to less than four (4) inches, residual grass clippings shall be removed, and the premises shall be treated with a registered acaricide effective against ticks and approved for grazing pastures. While spraying pastures, animals shall be kept in stalls, sheds, trailers, or other areas until the forage is safe for ingestion, per acaricide label directions.

(C) The negative exposed equids Negative Exposed Equidae shall be retested by NVSL no less than thirty (30) days after removing positive equids Positive Equidae.

(D) If the equids Equidae are negative on the retest, the quarantine may be released by the State Veterinarian.

(E) If premises are too large to treat all vegetation, the equids Equidae may be kept on the premises under quarantine until they test negative at least twelve (12) months after removing the positive equids Positive Equidae. During that twelve (12) month period, the equids Equidae may attend functions off premises if they test negative within thirty (30) days prior to the function and are treated with an approved acaricide within seventy two (72) hours of movement. The equids Equidae shall be returned to the premises within ten (10) days of their departure.

(F) Dates of treatment shall be recorded on a treatment record maintained by the owner.

(G) The State Veterinarian shall review records regularly for the duration of the quarantine period.

(c) Exposed equids Equidae on low risk premises may be released from quarantine order under the following conditions:

(1) NVSL tests the exposed equids Exposed Equidae and finds them negative for Equine Piroplasmosis.

(2) Negative equids Equidae on the premises or adjacent premises are separated from positive equids Positive Equidae by a minimum of ten (10) feet, with vegetation kept below four (4) inches tall in the intervening space.

(3) If ten (10) feet of separation is not possible due to facility size or other limiting factors, the State Veterinarian shall evaluate the facilities on a case-by-case basis to determine whether sufficient space is available to isolate positive equids Positive Equidae.

(4) At the time they are tested, all equids Equidae shall undergo an initial treatment for ticks with an approved acaricide.

(5) Negative equids Equidae shall be retreated fourteen (14) to eighteen (18) days following initial treatment, according to product label instructions, and kept free of ticks until retested.

(6) Negative equids Equidae shall be inspected for ticks (scratched) and retested negative by NVSL not less than thirty (30) days following the initial treatment and separation from positive equids Positive Equidae.

(7) If exposed equids Exposed Equidae are removed from the premises within thirty (30) days of a verified negative status (i.e., the releasing test) and within fourteen (14) days of a treatment, no additional testing or treatment shall be required.

(8) If the State Veterinarian identifies possible pasture contamination after removal of a positive animal Positive Equidae, the following steps shall be taken for twelve (12) months after removal:

(A) Apply an acaricide treatment each time the negative equid Negative Equidae is moved from the premises;

(B) Within thirty (30) days prior to movement, retest the negative exposed equids Negative Exposed Equidae, and confirm their negative status; and

(C) Conduct a final negative test at the end of the twelve (12) month period for all remaining negative exposed equids Negative Exposed Equidae.

(9) If a negative exposed equid Negative Exposed Equidae on a low risk premises subsequently tests positive for Equine Piroplasmosis, the classification of the premises shall be reevaluated by the State Veterinarian. Epidemiological evidence of disease transmission shall elevate the classification of the premises to high risk.

35:15-11-56. Long term maintenance of negative exposed equids Negative Exposed Equidae

(a) On premises where negative and positive equids Negative and Positive Equidae remain long term, management practices shall minimize the risk of Equine Piroplasmosis transmission.

(b) Long term maintenance of negative exposed equids Negative Exposed Equidae on high risk premises that have positive equids Positive Equidae shall meet the following:

(1) The owner shall complete all requirements found in these rules, except instead of confining the negative equines Negative Equidae to a prescribed facility, the positive equids Positive Equidae shall be confined to an enclosure with the same restrictions and requirements.

(2) The negative equids Negative Equidae shall be retested for Equine Piroplasmosis annually and within thirty (30) days prior to any movement from the premises or change of ownership.

(3) Immediately prior to moving any negative equids Negative Equidae, the State Veterinarian shall inspect (scratch) the negative equids Negative Equidae for ticks and require treatment of the equids Equidae with an approved acaricide. The animals shall not be moved unless the inspection reveals no ticks and the animals move off the premises while still wet with acaricide.

(c) Long term maintenance of negative exposed equids Negative Exposed Equidae on low risk premises that have positive equids Positive Equidae shall comply with the following:

(1) Negative and positive equids Positive Equidae shall be kept separated.

(2) Negative equids Equidae shall be retested and found negative within thirty (30) days prior to movement off the premises.

(3) The owner shall treat negative equids Negative Equidae with an approved acaricide not less than twenty four (24) hours and not more than fourteen (14) days prior to moving them from the premises.

(4) Owners and premises personnel shall obtain a private applicator's license prior to treating equids.

(54) Dates of acaricide treatment shall recorded on a treatment record maintained by the owner.

(65) Negative exposed equids Exposed Equidae shall receive annual retests as long as positive equids Positive Equidae remain on the premises.

(76) If a negative exposed equid Negative Exposed Equidae on a low risk premises subsequently tests positive for Equine Piroplasmosis, the classification of the premises shall be reevaluated by the State Veterinarian. Epidemiological evidence of disease transmission shall elevate the classification of the premises to high risk.

SUBCHAPTER 15. Equine Infectious Anemia (Eia)

PART 7. REQUIREMENTS FOR APPROVED MARKETS

35:15-15-72. Identification of untested Equidae [REVOKED]

(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.

[OAR Docket #12-659; filed 5-21-12]