Permanent Final Adoptions

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

CHAPTER 15. Animal Industry

[OAR Docket #12-812]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 36. Scrapie

35:15-36-3 [AMENDED]

Subchapter 45. Brucellosis in Cervidae

Part 3. Rules Adopted From USDA Uniform Methods And Rules For Brucellosis In Cervidae

35:15-45-37 [REVOKED]

35:15-45-39 [AMENDED]

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:

January 17, 2012 through February 22, 2012

Public hearing:

February 22, 2012

Adoption:
March 13, 2012

Submitted to Governor:

March 19, 2012

Submitted to House:

March 19, 2012

Submitted to Senate:

March 19, 2012

Gubernatorial approval:

May 1, 2012

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on May 16, 2012.

Final adoption:

May 16, 2012
Effective:
August 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A

ANALYSIS:

The proposed rule changes clarify the identification required for sheep and goats prior to the movement for sale or exhibition and removes certain brucellosis testing required on cervidae prior to intrastate movement or change of ownership.

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 AUGUST 1, 2012:

SUBCHAPTER 36. Scrapie

35:15-36-3. Requirements for identification

All sheep and goats shall be individually officially identified prior to movement for sale or exhibition.

(1) If moving to a livestock market, identification may be applied by the market before sale.

(2) The state veterinarian may grant a written exception for the official identification of wethers on an individual basis.

SUBCHAPTER 45. Brucellosis in Cervidae

PART 3. RULES ADOPTED FROM USDA UNIFORM METHODS AND RULES FOR BRUCELLOSIS IN CERVIDAE

35:15-45-37. Testing requirements for change of ownership [REVOKED]

(a) Animals originating from Certified Brucellosis-Free cervid herds do not require testing for intrastate movement or change of ownership.

(b) All sexually intact test-eligible animals from Brucellosis-Monitored cervid herds must test negative for brucellosis within 90 days prior to intrastate movement or change of ownership.

(c) All other sexually intact test-eligible animals and animals from herds of unknown status, must be tested for brucellosis within 30 days prior to intrastate movement or change of ownership.

(d) Both the seller and the buyer will be equally and individually responsible for meeting the testing and/or vaccination requirements prior to all changes of ownership.

(e) All test-eligible animals will be blood-sampled at slaughter and tested for brucellosis.

35:15-45-39. Identifying tested animals

All animals tested for intrastate movement or change of ownership must be officially identified. All animals included in a herd blood test, or tests of monitored herds, must be officially identified at the time of blood collection.

[OAR Docket #12-812; filed 6-21-12]