TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
PERMANENT final adoption
Subchapter 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets
35:15-13-1. Definitions [AMENDED]
35:15-13-2. Brucellosis classification-cattle and bison [REVOKED]
35:15-13-3. General requirements for ana livestock auction
market [AMENDED]
35:15-13-4. Approval of livestock auction market laboratory to conduct diagnostic tests [AMENDED]
35:15-13-5. Approval and responsibilities of veterinarians in auction markets [AMENDED]
35:15-13-6. Movement of livestock through auction markets [AMENDED]
35:15-13-7. Specific approval of livestock auction markets [AMENDED]
Subchapter 17. Bovine and Bison Brucellosis
Part 3. Rules Adopted from Usda Uniform Methods and Rules (Um&r) for Brucellosis Eradication
35:15-17-43. Immediate slaughter of reactors, "B" branded
exposed animals in herd depopulation, and exposed animals consigned to
immediate slaughterSlaughter requirements [AMENDED]
Part 9. Change of Ownership Testing [REVOKED]
35:15-17-69. Change of ownership of cattle and bison within Oklahoma [REVOKED]
Subchapter 40. Bovine Tuberculosis
Part 1. Definitions
35:15-40-1. Definitions [AMENDED]
Part 3. Rules Adopted from Usda Uniform Methods and Rules for Bovine Tuberculosis Eradication
35:15-40-38. Classification of cattle and bison tested
35:15-40-40. Reporting of tests [AMENDED]
35:15-40-41. Procedures in affected herds [AMENDED]
35:15-40-43. Disposition of tuberculin responding cattle, bison and goats [AMENDED]
35:15-40-46. Quarantine procedures [AMENDED]
35:15-40-47. Retest schedules for high-risk herds [AMENDED]
35:15-40-49. Identification [AMENDED]
Part 5. Herd Status Requirements
35:15-40-71. Minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle or bison herds [AMENDED]
35:15-40-72. Minimum standards for accreditation and reaccreditation of tuberculosis accredited goat herds [AMENDED]
Part 7. Import Requirements
35:15-40-90. Requirements for cattle entering Oklahoma from a tuberculosis free state or zone [AMENDED]
35:15-40-90.1. Requirements for cattle entering Oklahoma from a modified accredited advanced state or zone [NEW]
35:15-40-92. Importation of Mexican origin steers and spayed heifers [AMENDED]
35:15-40-93. Rodeo bulls [AMENDED]
Oklahoma State Board of Agriculture and the Oklahoma Agricultural Code; 2 O.S. §§ 2-4 and 6-2 et seq.; Article 6, Section 31, Constitution of the State of Oklahoma
Comment period:
February 2, 2009 through March 4, 2009
Public hearing:
March 4, 2009 and March 12, 2009
Adoption:
March 18, 2009
Submitted to Governor:
March 25, 2009
Submitted to House:
March 25, 2009
Submitted to Senate:
March 25, 2009
Gubernatorial approval:
April 29, 2009
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 19, 2009
Final adoption:
May 19, 2009
Effective:
July 1, 2009
Superseded rules:
Subchapter 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets
35:15-13-1 [AMENDED]
35:15-13-2 [REVOKED]
35:15-13-3 through 35:15-13-7 [AMENDED]
Subchapter 17. Bovine and Bison Brucellosis
Part 9. Change of Ownership Testing
35:15-17-69 [AMENDED]
Gubernatorial approval:
January 13, 2009
Register publication:
26 Ok Reg 607
Docket number:
09-125
Superseded rules:
Subchapter 40. Bovine Tuberculosis
Part 7. Import Requirements
35:15-40-90 [AMENDED]
35:15-40-90.1 [NEW]
Gubernatorial approval:
September 15, 2008
Register publication:
26 Ok Reg 165
Docket number:
08-1369
N/A
The proposed rules provide cleanup and amendments to both the Brucellosis program and the Tuberculosis program. Emergency rules were approved to prepare for the impending loss of federal funding for Brucellosis at sale barns and to prepare for the potential loss of Tuberculosis free status for several states. In addition to making these changes permanent, neither program's rules have been fully cleaned up in a number of years. This cleanup will result in consistency between requirements in the programs and consistency in terminology.
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 1, 2009:
SUBCHAPTER 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets
The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise.
"Approved laboratory" means a facility used in conducting necessary diagnostic tests, and is constructed, equipped, and maintained in accordance with Board regulations.
"Approved veterinarian" means a licensed accredited veterinarian who has complied with all Board regulations, and who has been approved by the Board to conduct necessary tests, vaccinations, inspections, and other duties of an Auction Market Veterinarian.
"Board" means the Oklahoma State
Board of Agriculture.
"Drive-in" means a written record of livestock in a single consignment. Information on a drive-in shall include name and address of the consignor, license tag number of vehicle used to haul livestock, list and brief description of livestock and corresponding backtags applied, and any special notes or instructions concerning the livestock.
"Official forms" means a form furnished or approved by the State Board of Agriculture or Animal and Plant Health Inspection Service, United States Department of Agriculture.
"Test eligible cattle" means all cattle eighteen
(18) months of age, as determined by the loss of first pair of
temporary incisor teeth, except exposed cattle which have been "S"
branded, steers, spayed heifers, official vaccinates of dairy breeds under twenty
(20) months of age,, and official vaccinates of beef brands
breeds under twenty four (24) months of age which are not
parturient or postparturient.
35:15-13-2. Brucellosis classification-cattle and bison [REVOKED]
(a) Negative. Cattle and bison are classified as
brucellosis negative when their blood serums have been subjected to official
serologic tests and the test results fail to disclose evidence of Brucella
infection, and if blood, milk or tissues are subjected to bacteriologic methods
for cultivating field strain brucella and none are recovered. In short, for an
animal to be classified as negative, all procedures that are performed must
fail to disclose evidence of brucellosis.
(b) Suspect. Cattle and bison are classified as suspects
when their blood serums have been subjected to official serologic tests and the
test results are suggestive of infection but are inconclusive. Bacteriologic
methods to cultivate brucella, from blood, milk, or tissues, if used, did not
yield field strain brucella.
(c) 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 exposed to and 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.
(d) Designated epidemiologist. The evaluation 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, Veterinary Services (VS), Regional Epidemiologist, and
state and federal animal health officials. Deviations from the reactor criteria
set forth in this Subchapter are acceptable when made by the designated
epidemiologist.
35:15-13-3. General requirements for ana
livestock auction market
(a) In order for aAny person owning,
operating, conducting, or maintaining a livestock auction market to be licensed to
operate in Oklahoma, it isshall be required thatto:
(1) ApplicationSubmit an
application for a license prior to operation be made to
the Board on an official form.
(2) TheBond the market be
bonded accordingpursuant to 2 O.S., Section 9-132, as amended or
according to the provisions of the Federal Packers and Stockyards Act as
amended.
(3) AnEmploy an approved
veterinarian be employed.
(4) The license shall expire on December 31, of
each year, and shall cost $25.00.
(b) The livestock auction market license shall cost Twenty Five Dollars ($25.00) per year and shall expire each December 31.
(bc) Both the buyer's and
seller's invoices must shall be complete as to name, address of
the owner and description of the cattle as to breed, sex and age. Invoices for
swine shall show the predominate breed and shall show them to be feeding,
breeding or slaughter swine.
(cd) The veterinarian or sale
company shall not be responsible for results of any tests that are made
properly, or any reactor or responder animals found in the market. All
reactor or responder animals shall revert back to the consignor.
(de) No cattle or swine shall
be allowed to leave the market until an approval for release is secured from an
approved veterinarian or an agent of the Board. The market shall be responsible
to see that no cattle or swine are removed without first being released by an
approved veterinarian or an agent of the Board.
(ef) Each market must shall
have a quarantine pen or pens for yarding reactor or responder animals.
Said pen is to be identified by painting the top of the gate either red or
yellow and the word "Quarantine" spelled out on said gate. The pen
shall be constructed so as to make it easily cleaned and disinfected after each
sale. Any watering troughs or feed bunks in the quarantine pen shall be located
so that livestock in adjoining pens will not have access to them.
(fg) All reactor or
responder animals shall be yarded in the quarantine pen and shall be sold
last. Such animals must shall be identified as reactors or
responders on the invoices of both the buyer and seller.
(gh) Refusal or failure to
comply with the Board regulationsrules shall be just cause for
the revocation or suspension of the Livestock Auction Market License.
(i) No person owning, operating, conducting, or maintaining a livestock auction market shall allow any animal identified below to leave the livestock auction market unless it is individually identified by an official identification:
(1) All beef cattle eighteen (18) months of age or older;
(2) All dairy cattle two (2) months of age or older; and
(3) All "M" branded cattle.
(j) The owner or operator of the livestock auction market shall keep records of each animal consigned or delivered to the livestock auction market for a period of two (2) years sufficient for disease traceback purposes, including but not limited to the following:
(1) "Drive-in" or any other documents identifying the backtag, owners name and address, and license tag of mode of transportation;
(2) Any records kept pursuant to the Livestock Auction Market Act;
(3) Records of any official identification applied to the animal or already existing with the animal; and
(4) Any records available regarding the purchaser of the animals.
35:15-13-4. Approval of livestock auction market laboratory to conduct diagnostic tests
All Auction Market Laboratories shall meet the following requirements before approval is granted to conduct diagnostic tests, and no veterinarian shall conduct any test until said laboratory has been approved.
(1) Constructed and equipped so as to be maintained at room temperature (70° to 78°) both winter and summer.
(2) Contain a sink with running water.
(3) Be equipped with a refrigerator in working condition.
(4) Constructed so that the veterinarian shall have sufficient space and maintain privacy in conducting tests and filling out records and forms.
(5) Constructed so that it can be kept clean easily and locked at all times when not in use.
(6) Contain a work counter and sufficient
shelf, locked cabinet, or storage space to store forms, eartagsofficial
identification, etc., required by the veterinarian in performing the tests
and releasing animals.
(7) Be supplied with adequate artificial
light. The electric wiring must shall be adequate to carry a
minimum of a centrifuge, electrical refrigerator, cooling facility, and have a
minimum of two electrical outlets.
(8) Be located so as to be convenient for the veterinarian and the public while conducting his duties as an Auction Market Veterinarian.
35:15-13-5. Approval and responsibilities of veterinarians in auction markets
(a) The veterinarian shall make application for approval to the Board and shall be examined as to his ability to function as an Auction Market Veterinarian.
(b) The veterinarian shall examine each animal at the livestock market auction for the purposes of determining the condition of health and freedom from infectious or contagious diseases.
(bc) The veterinarian mustshall
arrive at the market in sufficient time to do all required testing, official
identification, and inspection prior to the beginning of the sale.
(cd) The veterinarian is
responsible for completion of state and federal forms necessary for the release
of livestock from markets and other state and federal forms required for
disease control and eradication programs.
(de) In the event that an eartagofficial
identification is already present in the animal being tested, the
veterinarian shall use this tag instead of retagging, and include all prefixes
and numbers in recording said tag on test charts.
(ef) The veterinarian shall use
separate bleeding needle or separate syringe for each animal. The use of the
same syringe or needle for all animals is prohibited.
(fg) If the veterinarian cannot
determine the class of livestock to be shipped by the description on the
purchaser's invoice, then it will be necessary for him to look at each shipment
before releasing them.
(gh) All reactor or
responder cattle received for sale must shall be examined as
to eartag numbers official identification by the Auction Market
Veterinarian prior to sale.
(hi) Copies of all forms must
shall be forwarded to the office of the State Veterinarian by the
veterinarian immediately after sale. All blood samples must shall be
forwarded to the State-Federal Brucellosis Laboratory for confirmation of test
immediately after sale.
(ij) All official forms,
certificates, or documents and official stamps and signature stamps, shall be
kept in the exclusive possession of the veterinarian and shall be dated and
signed by him only at the time it is filled out and issued. Under no
circumstances shall any official document be presigned or prestamped by the
veterinarian. Use of any official stamp by persons other than the approved
veterinarian or a state or federal employee is expressly prohibited. The
approved veterinarian shall be solely responsible for the unauthorized or
improper issuance of any official document or the use of any official stamp or
signature stamp.
(jk) The veterinarian shall be
responsible to replace himself with another approved veterinarian in the event
he finds it necessary to be absent from the market.
(kl) The veterinarian shall not
resign his duties without written notice to the sale company and State
Veterinarian's Office at least ten (10) days prior to resignation.
(lm) The veterinarian's failure
or neglect to perform any of the functions in this Section shall be cause for
disapproval and immediate removal from the market.
35:15-13-6. Movement of livestock through auction markets
(a) All certificates permits, and other
documents, including out-of-state documents accompanying livestock into
Oklahoma markets that are incomplete or have been altered in any way are void
and are not to be accepted. This includes documents that are incomplete as to eartagofficial
identification number and description of animal it represents. In order to
be accurate and acceptable, the prefix of each eartagofficial
identification number must shall be recorded.
(b) Cattle reacting to the required tests mustshall
be tagged and branded immediately unless a retest is requested by the owner
prior to the sale of the animals.
(c) Cattle consigned directly from an
out-of-state farm of origin to an approved livestock market in Oklahoma will
not need a permit prior to entry. Out of state test eligible cattle moving
through an Oklahoma market must shall be identified by market
management at the time of sale.
(d) Cattle bought by the sale company
(catch cattle) eligible for test, must be tested immediately.
(e) All reactor or responder cattle
received for sale must shall be examined as to eartag official
identification number by the Auction Market Veterinarian prior to sale.
(f e) The market must shall
maintain the identity of reactor or responder animals and restrict
their sale to slaughtering establishments approved for the purpose of
slaughtering reactors or responders. Reactors or responders are
not be returned to the country or be transported from market to market.
(g f) All cattle, regardless of
age, weight, sex, or breed, must shall be approved for release by
an approved veterinarian or an agent of the Board and are not to be released
unless they meet the importation and transportation requirements of the state
of destination including the State of Oklahoma.
(h g) All cattle shipped or
exported from the State of Oklahoma, regardless of "purpose of
movement", must shall be accompanied by an official Oklahoma
health certificate. This includes slaughter, feeding, breeding, and dairy
animals. In addition to this health certificate, they must shall meet
the state of destination importation requirements as they pertain to permits,
test requirements, and the like.
(i h) All swine released or
consigned from a market to points within the State of Oklahoma must be
accompanied by Oklahoma Form AID-23.
(j) All swine destined for interstate shipment
shall be accompanied by an official health certificate.
(k) Feeder swine shall be treated and released
according to regulations pertaining to the Hog Cholera Program.
35:15-13-7. Specific approval of livestock auction markets
(a) No market shall be specifically approved until proper application is made and a determination is made by the State Veterinarian that the Board regulations and standards are met.
(b) Each market must shall have
a packer buyer present at each sale.
(c) All animals received at the market shall be considered in Interstate Commerce and be handled in accordance with the Interstate Regulations.
(d) All livestock shall be visually inspected
by the approved veterinarian prior to sale for diseased conditions such as
cattle scab, sheep scab, Actinomycosis (lump jaw), Carcinomas (cancer eye), Bovine
Virus Diarrhea, Infectious Bovine Rhinotracheitis, Infectious Rhinitis
(bull nose) or any other infectious, contagious, or communicable
disease.
(e) Any animal found to be diseased by the veterinarian shall be sold direct to slaughter or quarantined for treatment according to the judgement of the veterinarian.
(f) Each market must shall furnish
and maintain in good repair sufficient equipment suitable for restraining
animals for careful inspection, testing, tagging, branding, and other
treatments and procedures ordinarily required in providing livestock sanitary
service at markets. Said equipment is to be covered or housed so that necessary
work can be taken care of during inclement weather.
(g) The appointment and termination of the approved veterinarian by the auction market is subject to approval of both state and federal officials.
(h) Failure or neglect to perform any of the functions in this Section shall be cause for removal of approval.
SUBCHAPTER 17. Bovine and Bison Brucellosis
PART 3. RULES ADOPTED FROM USDA UNIFORM METHODS AND RULES (UM&R) FOR BRUCELLOSIS ERADICATION
35:15-17-43. Immediate slaughter of
reactors, "B" branded exposed animals in herd depopulation, and
exposed animals consigned to immediate slaughter Slaughter requirements
(a) Reactor or responder animals and
"B" brand exposed animals must 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 until a state or federal permit for movement to
slaughter has been is obtained. Movement for immediate slaughter must
shall be to a slaughtering establishment where federal or state
inspection is maintained or to a state or federal approved market for sale to such
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 prepared. Movement for immediate slaughter must shall
be to a slaughtering establishment where state or federal inspection is
maintained or to a state or federal approved market for sale to such 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.
PART 9. CHANGE OF OWNERSHIP TESTING [REVOKED]
35:15-17-69. Change of ownership of cattle and bison within Oklahoma [REVOKED]
(a) All test eligible animals must be tested
within 30 days prior to movement from sale premise. On all country sales, i.e.,
any sale other than through an approved market, 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.
(b) Test eligible animals from Certified
Brucellosis-Free herds are exempt from test requirements provided identity to
the Certified Brucellosis-Free herd is maintained.
(c) All test eligible animals moving directly
from the farm of origin to a slaughter establishment are exempt from test
requirements prior to movement provided they are identified and the identity to
the farm of origin is maintained until slaughtered. All test eligible animals
must have a blood sample collected at slaughter and all man-made identity must
be properly collected and submitted with each blood sample.
SUBCHAPTER 40. Bovine Tuberculosis
The following words or terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:
"Accredited Free State" means a state that maintains full compliance with all of the provisions of the USDA Uniform Methods and Rules for bovine tuberculosis eradication and where no evidence of bovine tuberculosis has been disclosed for five (5) or more years.
"Accredited Herd" means a herd of cattle, bison, or dairy goats that has passed at least two (2) consecutive negative caudal fold tuberculin tests at an interval of not less than ten (10) months nor more than fourteen (14) months, has no other evidence of bovine tuberculosis, and meets the standards of this Subchapter.
"Adjacent Herd" means a group or groups of animals sharing common pasture, or having other direct contact with an affected herd, and herds containing previous purchases from or exchanges with an affected herd. Herds separated by a single fence are considered contact or adjacent herds.
"Affected Herd" means a herd of cattle, bison, or dairy goats that contains, or has recently contained, one (1) or more animals infected with Mycobacterium bovis and that has not passed the required tests necessary for release from quarantine.
"Annual Tests" means those tests conducted at intervals of not less than ten (10) months nor more than fourteen (14) months.
"Auction" means a public sale of cattle, bison, or dairy goats to the highest bidder.
"Auctioneer" means a person who sells or makes a business of selling cattle, bison, or dairy goats at auction.
"Bison" means a bovine-like animal (genus Bison) commonly referred to as American buffalo or buffalo.
"Bovine Tuberculosis" means a disease in cattle, bison, or dairy goats caused by Mycobacterium bovis.
"Cattle" means all domestic bovine (genus Bos).
"Caudal Fold Tuberculin (CFT) Test" means the intradermal injection of 0.1 milliliters of USDA bovine purified protein derivative (PPD) tuberculin into either side of the caudal fold, with reading by visual observation and palpation seventy-two (72) hours (+ or - 6 hours) following injection. Animals or herds of unknown status shall not be subjected to retest at intervals of less than sixty (60) days.
"Commission Firm" means a person, partnership, or corporation that buys or sells livestock as a third party and reports to the seller or to the buyer details of the transactions whether or not a fee is charged for the services.
"Commission Sales" means those sales that are conducted by a third party who reports to the seller or to the buyer details of the transactions.
"Comparative Cervical Tuberculin (CCT) Test" means the intradermal injection of biologically balanced bovine PPD tuberculin and avian PPD tuberculin at separate sites in the cervical area and a determination as to the probable presence of bovine tuberculosis (M. bovis) by comparing the responses of the two (2) tuberculins seventy-two (72) hours (+ or - 6 hours) following injection.
"Dairy cattle" means any typical dairy framed animals as determined by the inspecting veterinarian.
"Dairy Goats" means domestic caprine (genus Capra) kept for the purpose of producing milk for human consumption.
"Dealer" means any person, firm, or partnership engaged in the business of buying or selling cattle, bison, or dairy goats in commerce, either on their own account or as the employee or agent of the vendor or purchaser, or any person engaged in the business of buying or selling cattle, bison, swine, sheep, or dairy goats in commerce on a commission basis. The term shall not include any person who buys or sells cattle, bison, or dairy goats as a part of their own bona fide breeding, feeding, or dairy operation; is not engaged in negotiating the transfer of cattle, bison, or dairy goats; or receives cattle, bison, or dairy goats exclusively for immediate slaughter on their own premise.
"Designated feedlot" means a feedlot under official state quarantine and approved by the State Veterinarian and federal animal health officials. The designated feedlot may include pens or pasture. All animals leaving the feedlot shall move directly to slaughter and shall be accompanied by permit.
"Designated pens" or "designated pastures" means pens or pastures associated with any feedlot that has a Memorandum of Understanding with the State Veterinarian to house cattle destined for slaughter.
"Direct Shipment to Slaughter" means the shipment of tuberculosis reactors, tuberculosis suspects, and tuberculosis exposed cattle, bison, or dairy goats from the premises of origin directly to a slaughter establishment without diversion to assembly points such as auctions, dealers or commission firm premises, public stockyards, and feedlots.
"Eradication" means the complete elimination of bovine tuberculosis from cattle and bison in the state so that the disease does not appear unless introduced from another species or from outside the state.
"Exposed Animals" means cattle, bison, or dairy goats that have been exposed to bovine tuberculosis by reason of associating with known tuberculous animals.
"Feedlot" means a confined dry lot area for the finish feeding of animals on a concentrated feed with no facilities for pasturing or grazing.
"Herd" means one or more cattle, bison, or dairy goats maintained on common ground or two (2) or more groups of cattle, bison, or dairy goats under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status.
"Herd Depopulation" means the removal of all cattle, bison, swine, and dairy goats exposed to bovine tuberculosis in a herd directly to slaughter prior to any restocking of the premises with cattle or bison.
"Herd Plan" means a herd management and testing plan designed by a state or federal regulatory veterinarian and the herd owner that will control and eventually eradicate bovine tuberculosis from an affected, adjacent, or exposed herd.
"Mexican origin" means cattle that originate or have ever resided in Mexico.
"Modified Accredited Advanced State" means a state that is actively participating in the eradication of bovine tuberculosis and that maintains its status in accordance with the provisions of the USDA Uniform Methods and Rules for Bovine Tuberculosis Eradication.
"Modified Accredited State" means a state that is actively participating in the eradication of bovine tuberculosis and that maintains its status in accordance with the provisions of the USDA Uniform Methods and Rules for Bovine Tuberculosis Eradication.
"Natural Additions" means animals born and raised in a herd.
"Negative Animals" means any cattle, bison, or dairy goats that show no response to a tuberculin test or have been classified negative by the testing veterinarian following the application of the CCT test.
"No Gross Lesion (NGL) Animals" means any cattle, bison, or dairy goats that do not reveal a lesion of bovine tuberculosis upon postmortem inspection. Any animal with skin lesions alone shall be considered a NGL animal.
"Non-modified Accredited State" means a state that has not received accredited free status or modified accredited state status.
"Official in charge" means any manager, superintendent, secretary, or other person responsible for an exhibition.
"Official Tuberculin Test" means a test for tuberculosis applied and reported by approved personnel in accordance with this Subchapter and the USDA Uniform Methods and Rules for bovine tuberculosis eradication. The official tuberculin tests are the caudal fold test, the comparative cervical test, the single cervical test or any other test that is approved by the United States Department of Agriculture (USDA).
"Passed Herd" means a herd in which no animals were classified as reactors or suspects as the result of a herd test of all test eligible animals.
"Permit" means an official document
issued by an authorized agent of the Board of Agriculture, a representative of
APHIS VS or an accredited veterinarian that is required to accompany any
reactor, suspect, or exposed animals to slaughter. The permit lists the reactor
tag or, in the case of suspect animals, an official eartag identification
number; the owner's name and address; origin and destination locations;
number of animals covered and the purpose of the movement. If a change in
destination becomes necessary, a new permit shall be issued by authorized
personnel. No diversion from the destination on the permit is allowed.
"Reactor" means any cattle, bison, or goat that shows a response to a tuberculin test and is classified a reactor by the testing veterinarian, or any animal that may be classified as a reactor by the designated Epidemiologist based on supplemental diagnostic tests results from approved laboratories or other information.
"Rodeo bulls" means sexually intact male cattle kept for performances at rodeos, bucking events, or for exhibition purposes.
"Routine Screening Tuberculin Test" means a caudal fold tuberculin test, or any other test that may be approved by the USDA, conducted as part of an area eradication program in which all responding animals are reported without classification to the State Veterinarian.
"Single Cervical Tuberculin Test" means the intradermal injection of 0.1 milliliters USDA bovine single cervical PPD tuberculin in the cervical (neck) region with reading by visual observation and palpation in seventy-two (72) hours (+ or - 6 hours) following injection.
"Suspect" means any cattle, bison, or goats that show a response to the caudal fold tuberculin test and are not classified as reactors, and cattle, bison, or goats that are classified suspects by a comparative cervical test.
"Tuberculin" means a product that is approved by and produced under USDA license for injection into cattle, bison, or goats for the purpose of detecting bovine tuberculosis.
PART 3. RULES ADOPTED FROM USDA UNIFORM METHODS AND RULES FOR BOVINE TUBERCULOSIS ERADICATION
35:15-40-38. Classification of cattle and bison tested
(a) Official caudal fold tuberculin test. All responses shall be recorded and the animal classified as suspect and quarantined for retest unless, in the professional judgement of the testing veterinarian, the reactor classification is indicated.
(b) Single cervical test. All animals with a response shall be classified as reactors. Responses shall be recorded in millimeters.
(c) Comparative cervical test. Responses shall be recorded
and plotted on the CCT scattergram. Classification shall be according to the
zone in which the animal is plotted on the scattergram. Animals plotting in the
negative zone may be reclassified as negative. Animals plotting in the reactor
zone may be classified as suspect provided that there has been no known
association of the herd with M. bovis. The suspect must shall be
moved directly to slaughter under permit. The post mortem examination shall be
witnessed by a regulatory veterinarian, and specimens must shall be
submitted for laboratory examination. If the animal fails to disclose gross or
microscopic evidence of bovine tuberculosis and a complete epidemiological
investigation, including a herd test of all eligible animals, fails to disclose
evidence of bovine tuberculosis or exposure thereto, the herd may be considered
free of bovine tuberculosis.
(d) Animals classified. Responding animals classified as reactors shall not be retested or reclassified.
(e) Reclassification of animals. Animals responding to the caudal fold tuberculin test that were found negative or suspect to the comparative cervical test shall be reclassified as reactors when included in a herd test that results in the confirmation of bovine tuberculosis in the herd.
(f) New technology. In the event new technology and advancements provide alternative testing procedures, which are approved by the USDA, the State Veterinarian may alter testing procedures listed above to conform and utilize the new approved methods and tests.
35:15-40-40. Reporting of tests
A report of all tuberculin tests, including
the individual identification of each animal by eartag identification
number, individual permanent numerical brand, or registratio registration
tattoo, age, sex, and breed and a record of the size of the response and
test interpretation, shall be submitted to the Oklahoma Department of
Agriculture, Animal Industry Services Division, within ten (10) days of the
date the test is read.
35:15-40-41. Procedures in affected herds
Disclosure of tuberculosis in any herd shall
be followed by a complete epidemiologic investigation and written report. All
cattle and/or bison in herds from which tuberculosis cattle and/or
bison originate, and all cattle and/or bison that are known to have been
associated with affected cattle and/or bison, shall be tested or an
approved herd plan must shall be on file within thirty (30) days
of the date disclosed. These procedures shall apply to adjacent and contact
herds as well as to the evaluation and testing of possible source herds for the
affected herd. Herds that have received exposed animals shall be tested
following the slaughter or testing of exposed animals. Every effort shall be
made to insure the immediate elimination of the disease from all species of
domestic livestock on the premise. The first consideration in affected herds is
the depopulation of the entire herd. If depopulation cannot be accomplished,
the herd shall be handled as outlined under 35:15-40-46.
35:15-40-43. Disposition of tuberculin responding cattle, bison and goats
(a) Reactors shall remain on the premises where they were disclosed until a state or federal permit for movement has been obtained. Movement for immediate slaughter will be directly to a slaughtering establishment where approved state or federal inspection is maintained within fifteen (15) days of classification. Alternatively, the animals may be destroyed under the direct supervision of a regulatory veterinarian to insure that a proper post mortem examination can be conducted and that the carcass is either cooked or condemned.
(b) Herds containing suspects to the caudal fold tuberculin test shall be quarantined until the suspect animals are:
(1) Retested by the comparative cervical tuberculin test within ten (10) days of the caudal fold injection, or
(2) Retested by the comparative cervical tuberculin test after sixty (60) days, or
(3) Shipped under permit directly to slaughter in accordance with state and federal laws and regulations.
(c) Suspects to the comparative cervical test shall remain under quarantine until they are:
(1) Retested by the comparative cervical test in sixty (60) days, or
(2) Shipped under permit directly to slaughter.
(d) An animal in the suspect zone on two
successive comparative cervical tests will be classified as a reactor and
branded. The testing veterinarian must shall justify exceptions
in writing to the state and federal animal health officials.
35:15-40-46. Quarantine procedures
(a) All herds in which reactor animals are
disclosed shall be quarantined. Exposed animals must shall remain
on the premises where disclosed unless a state or federal permit has been
obtained. Movement for immediate slaughter must shall be directly
to an approved slaughtering establishment where state or federal inspection is
administered. Animals must shall be identified by official eartagsidentification.
Use of "S" brand is required on cattle and bison or animals must
shall be shipped in a sealed vehicle.
(b) Sale of feeder calves from quarantined herds shall be restricted. Feeder calves under twelve (12) months of age that have passed a caudal fold tuberculin test within sixty (60) days may be permitted to move intrastate to a quarantine feedlot.
(c) Herds in which mycobacterium bovis
infection has been confirmed shall remain under quarantine if not depopulated
and must shall pass two tuberculin tests of intervals of at least
sixty (60) days and one (1) additional test after one hundred eighty (180)
days. All animals moved from the farm shall be shipped directly to slaughter
and shall be accompanied by slaughter permit issued by a state or federal
representative.
(d) Herds in which only NGL reactor(s) occur and in which no evidence of mycobacterium bovis infection has been disclosed may be released from quarantine after a sixty (60)-day negative caudal fold retest of the entire herd.
(e) Suspects in herds where only suspect animals are disclosed shall be quarantined on the premises until retested and classified negative or shipped directly to slaughter under permit. If an animal is slaughtered as a comparative cervical test reactor (following two (2) CCT tests as a suspect) and shows no gross lesions, then the entire herd may be retested at sixty (60) days by caudal fold test and released from quarantine as in 35:15-40-46(d). If animals are slaughtered as suspects, but show no gross lesions, a sixty (60)-day herd retest is recommended.
(f) Herds indicated as the source(s)
of slaughter trace back case investigations shall be placed under quarantine
within thirty (30) days of notification, and a herd test shall be scheduled.
(g) The issuance of a quarantine may be waived if the State Board of Agriculture or the State Veterinarian enters into a formal cooperative agreement with the affected party that will control and eradicate bovine tuberculosis.
35:15-40-47. Retest schedules for high-risk herds
(a) In herds with a history of lesions suspicious of bovine tuberculosis (but not confirmed), two (2) complete annual herd tests shall be given after release from quarantine - the first test to be applied not less than ten (10) months nor more than fourteen (14) months after release from quarantine.
(b) In a newly assembled herd on premises
where a tuberculosis herd has been depopulated, two (2) annual herd tests shall
be applied to all cattle and/or bison. The first test must shall be
applied not less than four (4) months nor more than eight (8) months after
assembly of the new herd. If the premises are vacated for one (1) year, these
requirements may be waived by the designated epidemiologist or State
Veterinarian.
(c) Exposed animals previously sold from a known infected herd shall be depopulated if at all possible. If the exposed animal(s) is not depopulated, only the single cervical test shall be used. All responding animals shall be classified as reactors. If negative to the test, the exposed animal(s) will subsequently be handled as if a part of the infected herd of origin for purposes of testing, quarantine release and the five (5) annual high-risk tests. The remainder of the herd shall be retested in one (1) year with the caudal fold test. The balance of the receiving herd shall be retested as follows:
(1) If lesions of tuberculosis (based on
histopathologic examination) are found in the an exposed animal(s),
the remainder of the herd shall be tested with the single cervical test.
(2) In all other cases, the remainder of the herd shall be tested by the caudal fold test. The responding animals may be classified as suspects and retested with the comparative cervical test.
(d) The testing of source herds of regular kill animals having lesions of tuberculosis shall be done by full-time state or federal regulatory veterinarians. If the herd of origin is positively identified, all animals responding to the caudal fold test shall be classified as reactors. Only when the herd of origin is not positively identified should the comparative cervical test be used to classify animals that respond to the caudal fold test.
(e) Testing of source herds of reactors shall be by full-time state or federal regulatory veterinarians using the caudal fold test procedure. Responding animals may be classified as reactors or, if classified as suspects, may be retested by the comparative cervical test.
(f) In herds where mycobacterium bovis infection has been confirmed, but the herd has not been depopulated, five (5) annual tests on the entire herd shall be given following the release from quarantine.
(g) In the event new technology and advancements provide alternative testing procedures, which are approved by the USDA, the State Veterinarian may alter testing schedules listed above to conform and utilize the new approved methods and tests.
(a) All animals tested shall be individually
identified by official eartagidentification, individual tattoo,
individual permanent numerical brand or any other identification method
approved by the State Veterinarian at the time of injection. Devices easily
removed and transferred are not satisfactory.
(b) Animals moved in channels of trade shall be identified and recorded as to origin and destination at the first point of concentration including, but not limited to, dealers, livestock auction markets and stockyards.
(c) Animals over two (2) years of age that
are returned to farms or ranches shall be identified by official eartag identification
or any other method approved by the State Veterinarian.
PART 5. HERD STATUS REQUIREMENTS
35:15-40-71. Minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle or bison herds
The minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle and bison herds are as follows:
(1) All test eligible cattle and bison shall pass two (2) consecutive negative official tuberculin tests not less than ten (10) months nor more than fourteen (14) months apart. Test eligible animals shall include all cattle or bison twenty-four (24) months of age and older.
(2) All cattle and bison in the herd shall be
individually identified by an official eartagidentification,
registration tattoo, or individual permanent numerical brand.
(3) Any cattle or bison added to an accredited herd shall either:
(A) Test negative to an official tuberculin test sixty (60) days prior to entering the premises, be kept in isolation, and test negative sixty (60) days following entry, or
(B) Be from one of the following:
(i) An accredited herd,
(ii) A herd from an accredited free state, or
(iii) A herd in a modified accredited area that passed a herd test of all cattle and bison over twenty-four (24) months of age within the previous twelve (12) months and the added cattle and bison test negative to an official tuberculin test within sixty (60) days of entering the herd.
(4) Any cattle or bison added to an accredited herd that did not originate from an accredited herd shall not receive new herd status for sale purposes until they have been a herd member for at least sixty (60) days and are included in a complete herd test.
(5) All additions, both purchased and natural, shall be identified as herd members for the herd retest.
(6) The owner shall keep records individually identifying each animal, including all natural or other additions, and shall also keep records of the death or other disposition of each animal.
(7) Accreditation is valid for a twenty-four (24) month period. The original date of accreditation shall be the herd's official accreditation date.
(8) Reaccreditation shall require a negative test of all test eligible herd members not less than twenty-two (22) nor more than twenty-six (26) months from the official accreditation date. All cattle or bison shall be bona fide members of the herd.
(9) Any evidence of bovine tuberculosis in a herd shall result in a denial of accreditation or reaccreditation.
35:15-40-72. Minimum standards for accreditation and reaccreditation of tuberculosis accredited goat herds
Minimum standards for accreditation and reaccreditation of tuberculosis accredited goat herds are as follows:
(1) Testing of herds for accreditation or reaccreditation shall include all goats over six (6) months of age and any animals other than natural additions under six (6) months of age. All natural additions shall be individually identified and recorded on the test report as members of the herd at the time of the annual test.
(2) Herd additions must shall originate
directly from one of the following:
(A) Accredited herd, or
(B) Herd in an accredited free state, or
(C) Herd in a modified accredited area that has passed a herd test of all animals over six (6) months of age within 12 months, and the individual animals for addition were negative to the official tuberculin test conducted within 60 days, or
(D) Herd in a modified accredited area not
meeting requirements of 35:15-40-72(2)(A)(B) or (C). Individual animals for
addition must shall pass a negative test within sixty (60)
days prior to entering the premises of the accredited herd and must shall
be kept in isolation from all members of the accredited herd until negative
to a test conducted after sixty (60) days of date of entry.
(3) Animals added under 35:15-40-72(2)(B)(C) and (D) shall not receive accredited herd status for sale purposes until they have been members of the herd at least sixty (60) days and are included in a herd retest.
(4) Reaccreditation shall require a negative
test of all test eligible herd members not less than ten (10) nor more than
fourteen (14) months from the official accreditation date. All animals must
shall be bona fide members of the herd.
(5) No evidence of bovine tuberculosis may be disclosed in the herd for the purposes of accreditation or reaccreditation.
35:15-40-90. Requirements for cattle entering Oklahoma from a tuberculosis free state or zone
(a) Cattle that test positive for tuberculosis shall not enter Oklahoma.
(b) Cattle from herds quarantined for tuberculosis shall not enter Oklahoma.
(c) All dairy steers and spayed heifers shall be accompanied by a certificate of veterinary inspection.
(d) All sexually intact dairy cattle under
six (6) months of age shall be individually identified by an official ear
tag identification and accompanied by a certificate of veterinary
inspection.
(e) All sexually intact dairy cattle six (6) months of age and older shall be accompanied by a certificate of veterinary inspection that individually identifies each animal and shall meet one of the following:
(1) Originate from a tuberculosis free herd; or
(2) Test negative no more than sixty (60) days prior to entry with the results recorded on the certificate of veterinary inspection.
(f) Beef cattle under the age of eighteen (18) months and all spayed heifers or steers shall be accompanied by a certificate of veterinary inspection.
(g) All other beef cattle eighteen (18) months or older shall be accompanied by a certificate of veterinary inspection that individually identifies each animal and shall meet one of the following:
(1) Originate from a tuberculosis free state;
(2) Originate from a tuberculosis free herd; or
(3) Test negative no more than sixty (60) days prior to entry with the results recorded on the certificate of veterinary inspection.
(h) Any cattle that do not meet these testing requirements shall be tagged as slaughter-only and sent either directly to slaughter or to a designated feedlot.
35:15-40-90.1. Requirements for cattle entering Oklahoma from a modified accredited advanced state or zone
(a) Cattle that test positive for tuberculosis shall not enter Oklahoma.
(b) Cattle from herds quarantined for tuberculosis shall not enter Oklahoma.
(c) All cattle shall be accompanied by a permit number and a certificate of veterinary inspection that was approved by the Oklahoma State Veterinarian prior to entry into Oklahoma.
(d) Cattle or bison may move directly to slaughter at an approved slaughtering facility.
(e) Sexually intact heifers may move to an approved feedlot.
(f) Steers or spayed heifers may move into Oklahoma so long as they meet one of the following:
(1) Cattle or bison are individually identified by an official identification and the cattle or bison:
(A) are accompanied by the original certificate of veterinary inspection at all times;
(B) are placed at a single location for grazing; and
(C) are only removed from the single location directly to an approved feedlot or directly to slaughter;
(2) Cattle or bison enter on a NAIS Premise Identification Number for the premise of origin and premise of destination with an approved Group Lot Number and the group lot:
(A) is accompanied by the original certificate of veterinary inspection at all times;
(B) is placed at a single location for grazing;
(C) remains as a group lot;
(D) does not commingle with other cattle or bison; and
(E) is only removed from the single location directly to an approved feedlot or directly to slaughter; or
(3) Cattle or bison are individually identified by an official identification and test negative to an official tuberculosis test conducted within sixty (60) days prior to movement into Oklahoma.
(g) Cattle or bison from an accredited herd may enter Oklahoma with a certificate of veterinary inspection that includes complete herd tuberculosis negative test results within one (1) year prior to entry.
(h) Sexually intact cattle or bison, not from an accredited herd, shall be individually identified and accompanied by a certificate of veterinarian stating the cattle or bison tested negative to an official tuberculin test conducted within sixty (60) days prior to the date of movement.
35:15-40-92. Importation of Mexican origin steers and spayed heifers
(a) Mexican origin steers and spayed heifers imported as stocker, feeder, slaughter animals may enter Oklahoma provided they test negative for tuberculosis in accordance with the Norma Official Mexicana (NOM) within sixty (60) days prior to entry into Oklahoma and they obtain a telephone entry permit prior to entering Oklahoma providing the following information:
(1) a certificate of veterinary inspection containing the individual identification and all tag numbers, tuberculosis testing information, statement that the animals are "Mexican Origin Cattle," and complete consignor or consignee information including telephone numbers; and
(2) a VS Form 17-30.
(b) Mexican origin steers and spayed heifers and any commingled cattle shall not be diverted from the stocker, feeder, slaughter channel.
(c) Mexican origin steers and spayed heifers shall not be commingled with any cattle other than stocker, feeder, slaughter cattle.
(d) Holstein and Holstein-cross steers and spayed heifers from Mexico shall not enter Oklahoma regardless of test history.
(e) Mexican origin steers and spayed heifers and U.S. origin Corriente cattle utilized as rodeo stock prior to entry into Oklahoma shall obtain an entry permit, provide individual identification and all tag numbers, and be accompanied by a negative tuberculosis test that meets one of the following:
(1) Performed by an accredited veterinarian within the previous 365 days; or
(2) Performed in accordance with the Norma Official Mexicana (NOM), the animal is accompanied by a VS 17-30, and the animal is quarantined upon entry into Oklahoma until retested by an accredited veterinarian within sixty (60) to one hundred twenty (120) days of the original tuberculosis test.
(f) Mexican origin steers and spayed heifers and U.S. origin Corriente cattle utilized as rodeo stock moving within the state shall meet the following requirements:
(1) Be accompanied by a negative tuberculosis test performed by an accredited veterinarian within the previous 365 days;
(2) Be identified with an official eartagidentification;
and
(3) There is no change of ownership since the date of the last official test.
(g) No sexually intact Mexican origin rodeo stock shall enter Oklahoma.
(h) The official in charge shall be responsible for verifying that all Mexican origin cattle utilized as rodeo stock entering any exhibition meet all testing requirements.
(1) The official in charge shall not be held responsible for recording or accepting falsified or erroneous information provided by an owner.
(2) Any person providing erroneous or fictitious information shall be in violation of these rules.
(i) Any official in charge who knowingly, negligently, or willfully allows an untested or positive animal to enter an exhibition shall be in violation of these rules and the official in charge and the owner of the positive or untested animal shall be equally and individually in violation of these rules.
(a) Rodeo bulls may move into the State of Oklahoma provided:
(1) The rodeo bull is accompanied by a negative tuberculosis test performed by an accredited veterinarian within the previous 365 days and the test was performed in the name of the current owner;
(2) The bull is identified with an official eartagidentification;
(3) A certificate of veterinary inspection accompanies each interstate movement of the bull; and
(4) A permit for entry is issued for each interstate movement of the bull.
(b) Rodeo bulls moving within the state shall meet the following requirements:
(1) Be accompanied by a negative tuberculosis test performed by an accredited veterinarian within the previous 365 days and the test was performed in the name of the current owner; and
(2) Be identified with an official eartagidentification.
(c) The official in charge shall be responsible for verifying that all rodeo bulls entering any exhibition meet all testing requirements.
(1) The official in charge shall not be held responsible for recording or accepting falsified or erroneous information provided by an owner.
(2) Any person providing erroneous or fictitious information shall be in violation of these rules.
(d) Any official in charge who knowingly, negligently, or willfully allows an untested or positive animal to enter an exhibition shall be in violation of these rules and the official in charge and the owner of the positive or untested animal shall be equally and individually in violation of these rules.
[OAR Docket #09-1072; filed 5-26-09]