TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15.  Animal Industry
[OAR Docket #21-655]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
35:15-1-4. Exhibitions and shows [AMENDED]
35:15-1-7. Change of ownership for cattle within OklahomaCattle identification for intrastate movement [AMENDED]
35:15-1-8. Record keeping [NEW]
Subchapter 5. Biological Products and Laboratories
35:15-5-1. Biological products [AMENDED]
Subchapter 11. Importation of Livestock, Poultry, And PetsAnimals
Part 1. General
35:15-11-2. Importation of domestic companion animals [NEW]
35:15-11-3. Requirements regarding vesicular stomatitis [NEW]
Part 5. Permits
35:15-11-10. Requests for permits [AMENDED]
Part 7. Livestock [REVOKED]
35:15-11-17. Companion animal importation [REVOKED]
35:15-11-20. Requirements regarding vesicular stomatitis [REVOKED]
Part 9. Foreign LivestockAnimals
35:15-11-31. Importation of foreign livestockanimals [AMENDED]
Subchapter 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets
35:15-13-1. Definitions [AMENDED]
35:15-13-3. General requirements for a livestock auction market [AMENDED]
35:15-13-4. Approval of livestock auction market laboratory to conduct diagnostic tests [AMENDED]
Subchapter 15. Equine Infectious Anemia (EIA)
Part 3. Procedures
35:15-15-34. Requirements for approved EIA testing laboratories [AMENDED]
Part 9. Equine Exhibitions
35:15-15-91. Requirements of Equidae entering equine exhibitions [AMENDED]
Subchapter 16. Contagious Equine Metritis
35:15-16-1. Incorporation by reference [AMENDED]
Subchapter 17. Bovine and Bison Brucellosis
Part 1. Definitions and General Provisions
35:15-17-4. Traceback of reactors [REVOKED]
35:15-17-6. Incorporation by reference [NEW]
Part 3. Rules Adopted from USDA Uniform Methods and Rules (UM&R) for Brucellosis Eradication [REVOKED]
35:15-17-32. Laboratories [REVOKED]
35:15-17-33. Reporting [REVOKED]
35:15-17-34. Supervision [REVOKED]
35:15-17-35. Quarantine [REVOKED]
35:15-17-36. Disposition of affected herds [REVOKED]
35:15-17-37. Community notification of brucellosis affected herds [REVOKED]
35:15-17-38. Contact herds and adjacent herds [REVOKED]
35:15-17-39. Cleaning and disinfection [REVOKED]
35:15-17-40. Classification of cattle and bison [REVOKED]
35:15-17-41. Identification of reactors [REVOKED]
35:15-17-42. Identification of exposed animals [REVOKED]
35:15-17-43. Slaughter requirements [REVOKED]
35:15-17-44. Movement of reactors, exposed animals and suspects [REVOKED]
35:15-17-45. Entering premises [REVOKED]
35:15-17-47. Herd depopulation [REVOKED]
35:15-17-48. Diagnostic agents for brucellosis [REVOKED]
35:15-17-49. Adult vaccination [REVOKED]
35:15-17-50. Epidemiologic services [REVOKED]
35:15-17-51. Individual herd plan [REVOKED]
35:15-17-52. Heifers to be spayed [REVOKED]
35:15-17-53. Assurance test [REVOKED]
35:15-17-54. Fictitious names and erroneous information [REVOKED]
35:15-17-56. Commuter herds [REVOKED]
Part 5. Brucella Vaccine [REVOKED]
35:15-17-59. Brucella vaccine [REVOKED]
35:15-17-60. Official calfhood vaccination shield [REVOKED]
Part 7. Certified Brucellosis-Free Herds of Cattle or Bison [REVOKED]
35:15-17-64. Qualifying methods [REVOKED]
35:15-17-65. Qualifying standards [REVOKED]
35:15-17-66. Certified Brucellosis-Free Herd [REVOKED]
Part 13. Community Pastures [REVOKED]
35:15-17-83. Community pastures [REVOKED]
Part 15. Depopulation Payment [REVOKED]
35:15-17-87. Conditions and animal qualifications for depopulation payment [REVOKED]
Part 17. Blood Typing [REVOKED]
35:15-17-91. Misrepresentation of blood samples or animals [REVOKED]
Subchapter 36. Scrapie
35:15-36-1. Incorporation by reference of federal regulations [AMENDED]
35:15-36-2. Deleted regulations [AMENDED]
Subchapter 37. Minimum Standards for Certified Brucellosis-Free Goat Herds
35:15-37-1. Minimum standards for certification and recertification of Certified Brucellosis-Free Goat Herds [AMENDED]
Subchapter 38. Bovine Trichomoniasis
35:15-38-1. Definitions [AMENDED]
35:15-38-2.1. Intrastate change of ownership requirements for bulls [AMENDED]
Subchapter 40. Bovine Tuberculosis
Part 3. General Tuberculosis Rules
35:15-40-49.4. Rodeo bulls [AMENDED]
Part 7. Import Requirements
35:15-40-93. Rodeo bulls [AMENDED]
Subchapter 44. Farmed Cervidae
35:15-44-19. Entry and export requirements [AMENDED]
Subchapter 47. Chronic Wasting Disease (CWD) in Cervids
Part 1. General
35:15-47-2. Definitions [AMENDED]
Part 5. Disposition of Positive and Trace Herds
35:15-47-11. Disposition of positive herds [AMENDED]
Part 7. Interstate Movement Requirements
35:15-47-18. Minimum CWD requirements for interstate movement of cervids [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); 2 O.S. § 6-1 et seq., 2 O.S. § 6-91 et seq., 2 O.S. § 6-121 et seq., 2 O.S. § 6-131 et seq., 2 O.S. § 6-141 et seq., 2 O.S. § 6-281 et seq., 2 O.S. § 6-501 et seq., 2 O.S. § 6-601 et seq., and 2 O.S. § 9-130 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 6, 2020
COMMENT PERIOD:
December 2, 2020, and ending January 6, 2021
PUBLIC HEARING:
January 6, 2021
ADOPTION:
February 3, 2021
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
February 10, 2021
LEGISLATIVE APPROVAL:
Approved June 11, 2021 by HJR 1046
FINAL ADOPTION:
June 11, 2021
EFFECTIVE:
September 11, 2021
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATIONS BY REFERENCE:
Incorporated standards:
9 CFR (2020 Revision), Section 93-301 and USDA VS Guidance Document 13406.1 (2013) Revision, and 9 CFR Parts 78, 79, and 81 (2020 Revision) unless otherwise specified.
Incorporating rules:
35:15-16-1
35:15-17-6
35:15-36-1
35:15-36-2
35:15-47-18
Availability:
See contact person below.
GIST/ANALYSIS:
The proposed rule amendments modify requirements for exhibitions and shows; modify identification requirements for certain cattle; modify requirements for change of ownership of dairy cattle; provide regulations for intrastate movement, diversion, and separation of Mexican cattle; provide for intrastate movement of rodeo bulls; provide recordkeeping requirements for sale of certain animals; update citations to the Code of Federal Regulations; revise rules related to biological products; provide for importation of domestic companion animals; provide requirements regarding vesicular stomatitis; conform language; provide for importation of foreign animals; modify definitions; update requirements for livestock auction markets; update language; revoke outdated provisions and provisions duplicated in federal regulations; modify recertification requirements of certain herds; add certain renewal application fee; and update obsolete language.
CONTACT PERSON:
Kambi Maddy, 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: kambi.maddy@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(5) AND 308(E) WITH AN EFFECTIVE DATE OF SEPTEMBER 11, 2021:
SUBCHAPTER 1.  General Provisions
35:15-1-4.  Exhibitions and shows
(a)    Each person who presents swine for a swine exhibition, special sale, or show shall provide verification of one of the following:
(1)    a federal premise identification number; or
(2)    a state location identifier.
(b)    The information provided for a state location identifier shall not be included or maintained with the Federal Premise Identification Number database.
(c)    A swine exhibition, special sale, or show shall not include a regularly scheduled livestock auction market.
(b)    It shall be the responsibility of the event management to verify that contestants have met testing and documentation requirements.
35:15-1-7.  Change of ownership for cattle within OklahomaCattle identification for intrastate movement
(a)    The following cattle shall be individually identified by official identification when the cattle change ownership or when the cattle are taken to an event:
(1)    All dairy cattle;
(2)    All "M" branded cattle including any commingled domestic cattle; and
(3)    All roping, exhibition, event, and rodeo cattle.
(b)    Sellers shall maintain records of the official identification and the purchasers name and contact information for five (5) years. The records shall be made available to Department personnel upon request in a disease trace back or cattle theft case.
(c)    Cattle that are sold or consigned to move from a resident herd of origin to a state or federally approved slaughter establishment within seven (7) days of the change of ownership, where they are harvested within three days of arrival at the establishment, are exempt from the requirement of subsection (a) of this section.
(c)    Additional requirements for cattle identification may be provided within this chapter.
35:15-1-8.  Record keeping
     All dealers, auction markets, commission firms, and persons required to have official identification at change of ownership shall keep sufficient records for a minimum of five (5) years of all animals sold to enable any authorized agent to trace the animals satisfactorily to their herd of origin and to their disposition at the time of sale. These records shall be made available to any authorized agent for the purpose of inspection or photocopying during normal business hours. Failure to maintain or provide adequate records shall constitute a violation of rules adopted by the Board.
SUBCHAPTER 5.  Biological Products and Laboratories
35:15-5-1.  Biological products
(a)    No biological product used in the treatment of livestock or any other species of animals shall be manufactured, produced, transported, distributed, sold, offered for sale, or used in Oklahoma unless the biological product has been:
(1)    licensedLicensed or permitted by the United States Veterinary Biologics Division of the United States Department of Agriculture;
(2)    producedProduced in an establishment licensed by the United States Veterinary Biologics Division of the United States Department of Agriculture; and
(3)    approvedApproved by the Oklahoma Department of Agriculture, Food, and Forestry.
(b)    Biological products prepared in laboratories approved by the Oklahoma Department of Agriculture, Food, and Forestry when prepared by any person solely for the treatment of livestock or any other species of animals of such person or prepared solely for treatment of livestock or any other species of animals under a veterinary-client-patient relationship in the course of the state licensed professional practice of veterinary medicine by such person shall be exempt from (a) and (d) of this section if used as follows:
(1)    Permission is obtained from the State Veterinarian in the form of a one (1) year memorandum of understanding between the Department and the persons owning the livestock or any other species of animals;
(2)    An authorized agent of the Board may inspect and monitor the application of the product and verify the proper handling, cleaning, and disinfection of equipment utilized in the application.
(c)    Johne's (Paratuberculosis) vaccine is expressly prohibited in Oklahoma without prior approval of the Department. This approval may be obtained only after a written agreement is developed between the producer, attending veterinarian, and state regulatory officials. A plan of herd management, vaccination, and any restrictions shall be a part of this agreement.
(d)    Each biological product manufactured, produced, distributed, sold, offered for sale or used in Oklahoma or delivered for transportation or transported in intrastate or interstate commerce shall be registered with the Department on an annual basis.
(e)    Each person registering biological products shall pay an annual registration fee of Two Hundred Dollars ($200.00) for each biological product registered.
(1)    The Department may require the submission of the complete formula of any biological product.
(2)    Trade secrets and formulations submitted with the registration shall be kept confidential.
(f)    If it appears to the Department that the composition of the biological product is adequate to warrant the proposed claims and if the biological product, its labeling, and other material required to be submitted comply with the requirements of this section, then the biological product shall be registered.
(g)    Additional registration of a biological product shall not be required in the case of a biological product shipped from one location within Oklahoma to another location within Oklahoma if the location is operated by the same person.
(h)    All biological product registrations shall expire on March 20 of each year but may be renewed by the Department. Any person who fails to renew a biological product by March 20 of each year shall pay a penalty of an additional Two Hundred Dollars ($200.00).
(i)    Any biological product that contains any living organism and is produced pursuant to subsection (b) may be used with prior written notice to the Department. Notice shall be provided for each day the person intends to utilize the biological product and shall contain the name of the person prescribing the biological product, the specific location where the biological product will be used, and the reason for using the biological product.
(j)    Any person providing notice to the Department may elect to provide notice to neighboring owners of susceptible species.
(k)    No person shall sell or offer for sale an unregistered biological product or an expired biological product.
(lk)    The term "biological product" shall mean all viruses, serums, toxins (excluding substances that are selectively toxic to microorganisms, including antibiotics), or analogous products at any stage of production, shipment, distribution, or sale, which are intended for use in the treatment of livestock or any other species of animals and which act primarily through the direct stimulation, supplementation, enhancement, or modulation of the immune system or immune response. The term biological products includes but is not limited to vaccines, bacterins, allergens, antibodies, antitoxins, toxoids, immunostimulants, certain cytokines, antigenic or immunizing components of live organisms, and diagnostic components that are of natural or synthetic origin, or that are derived from synthesizing or altering various substances or components of substances such as microorganisms, genes or genetic sequences, carbohydrates, proteins, antigens, allergens, or antibodies. The term shall not include any product identified and regulated as a pesticide by the Department.
(1)    A product's intended use shall be determined through an objective standard dependent upon factors such as representations, oral or written claims, packaging, labeling, or appearance.
(2)    The term "analogous products" shall include the following:
(A)    Substances, at any stage of production, shipment, distribution, or sale, which are intended for use in the treatment of livestock or any other species of animals and which are similar in function to biological products in that they act, or are intended to act, through the stimulation, supplementation, enhancement, or modulation of the immune system or immune response;
(B)    Substances, at any stage of production, shipment, distribution, or sale, which are intended for use in the treatment of livestock or any other species of animals through the detection or measurement of antigens, antibodies, nucleic acids, or immunity; or
(C)    Substances, at any stage of production, shipment, distribution, or sale, which resemble or are represented as biological products intended for use in the treatment of livestock or any other species of animals through appearance, packaging, labeling, claims (either oral or written), representations, or through any other means.
(ml)    The term "treatment" shall mean the prevention, diagnosis, management, or cure of diseases of livestock or any other species of animals.
(nm)    The term "unregistered biological product" shall mean a biological product that has not been registered with the Department or a biological product that has been previously registered with the Department but the registration has lapsed.
(on)    The term "expired biological product" shall mean a biological product which exceeds the expiration date established by the manufacturer.
SUBCHAPTER 11.  Importation of Livestock, Poultry, and PetsAnimals
PART 1.  GENERAL
35:15-11-2.  Importation of domestic companion animals
     All companion animals domestically imported into Oklahoma shall be admitted:
(1)    When accompanied by an official Certificate of Veterinary Inspection (CVI);
(2)    If there is an approved vaccine for the species, the animal has been officially vaccinated against rabies, when over three (3) months of age, within twelve (12) months prior to the date of entry with an approved rabies vaccine or within three (3) years with the use of a three (3) year vaccine if the primary vaccination and subsequent boosters are documented on the CVI; and
(3)    When an additional permit has been obtained from the Oklahoma Department of Agriculture, Food, and Forestry within thirty (30) days prior to the entry of a companion animal that originates from an area under quarantine for rabies or has been exposed to rabies within six (6) months prior to entry.
35:15-11-3.  Requirements regarding vesicular stomatitis
     Any livestock (equine, bovine, porcine, caprine, ovine, or cervidae) entering Oklahoma from a county where vesicular stomatitis has been diagnosed within the last thirty (30) days or a county that contains a premise quarantined for vesicular stomatitis shall be accompanied by a certificate of veterinary inspection dated within five (5) days of entry containing the following statement: "All animals identified on this certificate of veterinary inspection have been examined and found to be free from signs of vesicular stomatitis and have not originated from a premise which is under quarantine for vesicular stomatitis."
PART 5.  PERMITS
35:15-11-10.  Requests for permits
     Request for permits shall be directed to the State Veterinarian of the state of Oklahoma and shall set forth the following information: the name and addresses of the consignor and the consignee, and number, age, sex, and breed of the livestockanimal.
PART 7.  LIVESTOCK  [REVOKED]
35:15-11-17.  Companion animal importation  [REVOKED]
     All dogs, cats, and ferrets shipped or transported into Oklahoma, shall be admitted only when accompanied by an official Certificate of Veterinary Inspection (CVI). All companion animals over three (3) months of age shall have been officially vaccinated against rabies within twelve (12) months prior to the date of entry with an approved rabies vaccine or within three (3) years with the use of a three (3) year vaccine if the primary vaccination and subsequent boosters are documented on the CVI. A permit shall be obtained from the Oklahoma Department of Agriculture, Food, and Forestry within thirty days prior to the entry of a companion animal that originates from an area under quarantine for rabies or has been exposed to rabies within six (6) months prior to entry.
35:15-11-20.  Requirements regarding vesicular stomatitis  [REVOKED]
     Any livestock (equine, bovine, porcine, caprine, ovine, or cervidae) entering Oklahoma from a county where vesicular stomatitis has been diagnosed within the last thirty (30) days or a county that contains a premise quarantined for vesicular stomatitis shall be accompanied by a certificate of veterinary inspection dated within five (5) days of entry containing the following statement: "All animals identified on this certificate of veterinary inspection have been examined and found to be free from signs of vesicular stomatitis and have not originated from a premise which is under quarantine for vesicular stomatitis."
PART 9.  FOREIGN LIVESTOCKANIMALS
35:15-11-31.  Importation of foreign livestockanimals
(a)    Prior to entry, all livestockanimals imported into Oklahoma from a foreign country mustshall obtain a permit issued by the Oklahoma Department of Agriculture.
(b)    All livestockanimals imported into Oklahoma from a foreign country mustshall meet all United States Department of Agriculture import requirements for the country of origin and for any country the livestockanimals have resided during shipment, in addition to all Oklahoma import requirements.
(c)    In addition to meeting the requirements of subsections (a) and (b), all companion animals imported into Oklahoma from a foreign country shall be admitted:
(1)    When accompanied by an official Certificate of Veterinary Inspection (CVI);
(2)    If ,when over three (3) months of age, officially vaccinated against rabies within twelve (12) months prior to the date of entry with an approved rabies vaccine or within three (3) years with the use of a three (3) year vaccine if the primary vaccination and subsequent boosters are documented on the CVI;
(3)    When an additional permit has been obtained from the Oklahoma Department of Agriculture, Food, and Forestry within thirty (30) days prior to the entry of a companion animal that originates from an area under quarantine for rabies or has been exposed to rabies within six (6) months prior to entry; and
(4)    After any required quarantine and examination by an accredited veterinarian for companion animals imported into Oklahoma with potential exposure to foreign animal diseases.
SUBCHAPTER 13.  Testing and Inspection for Disease and Release of Livestock at Auction Markets
35:15-13-1.  Definitions
     The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise.
"Approved veterinarian" means a licensed accredited veterinarian who has complied with all Department regulations and educational requirements, and who has been approved by the Department to conduct necessary tests, vaccinations, inspections, and other duties.
"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.
"Livestock auction market veterinarian" means a licensed, accredited veterinarian who has been approved to represent the Department by performing the veterinarian's duties at livestock auction markets.
"Official forms" means forms furnished or approved by the State Board of Agriculture or Animal and Plant Health Inspection Service of the United States Department of Agriculture.
"Restricted cattle" means cattle that have not met specific requirements for change of ownership.
"Slaughter only" means to go directly to a slaughter establishment or to an approved feedlot to be fed to go directly to slaughter.
"Slaughter only tag" means a cardboard tag with the words, "For Slaughter Only" applied to the hip of an animal that is to be taken directly to a slaughter establishment or to an approved feedlot to be fed before going directly to slaughter.
"Brucellosis 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, and spayed heifers.
35:15-13-3.  General requirements for a livestock auction market
(a)    Any person owning, operating, conducting, or maintaining a livestock auction market shall be required to:
(1)    Submit an application for a license to the Department on an official form prior to operation.
(2)    Bond the market pursuant to 2 O.S. § 9-132, as amended or according to the provisions of the Federal Packers and Stockyards Act as amended.
(3)    Employemploy a livestock auction market veterinarian for auctions selling cattle, horses, swine, or other species as determined by the state veterinarian.
(b)    The livestock auction market license shall cost Twenty Five Dollars ($25.00) per year and shall expire on December 31 of each year.
(c)    Both the buyer's and seller's invoices shall include the owner's name,and address of the owner, and a 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.
(dc)    The livestock auction market veterinarian or sale company shall not be responsible for results of any tests that are conducted properly or for any reactor animals or responder animals found in the market.
(ed)    Refusal or failure to comply with the Department rules shall be just cause for the revocation or suspension of the livestock auction market license.
(fe)    No person owning, operating, conducting, or maintaining a livestock auction market shall allow any of the following animals to leave the livestock auction market unless it is individually identified by an official identification with an exception for weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person:
(1)    All beef cattle eighteen (18) months of age or older, except terminal fed steers and heifers, going directly to a feedlot or slaughter which will not be reintroduced into the breeding herd;
(2)    All dairy cattle;
(3)    All "M" branded cattle including any commingled cattle, and
(4)    All roping, exhibition, event, and rodeo cattle.
(gf)    Weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person may be sold with a back tag and slaughter only tag to be transported directly to slaughter.
(hg)    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 five (5) years for disease traceback purposes, including but not limited to, the following:
(1)    "Drive-in" or any other documents identifying the backtag, ownersowner's 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;
(4)    Any records available regarding the purchaser of the animals; and
(5)    Records of official identification shall bethat are sufficiently legible and accurate to facilitate successful tracebacks.
(ih)    Each livestock auction market shall sign and have on record with the Department the most current livestock market contract for each of the species sold at the market.
(ji)    The livestock auction market shall make the above records available to ODAFFDepartment personnel when requested.
(i)    Each livestock auction market shall sign and have on record with the Department the most current livestock market contract for each of the species sold at the market.
35:15-13-4.  Approval of livestock auction market laboratory to conduct diagnostic tests
     AllDiagnostic tests may be conducted in an Auction Market Laboratories shall meet the following requirements beforeLaboratory when approval is granted to conduct diagnostic tests, and no veterinarian shall conduct any test until said laboratory has been approved.and the laboratory meets the following requirements:
(1)    Constructed and equipped so as to be maintained at room temperature (70° to 78°) both winter and summer.;
(2)    ContainContains a sink with running water.;
(3)    Be equippedEquipped with a refrigerator in working condition.;
(4)    Constructed so that the veterinarian or technician shall have sufficient space and maintain privacy in conducting tests and filling out records and forms.;
(5)    Constructed so that itthe laboratory can be kept clean easily and locked at all times when not in use.;
(6)    ContainContains a work counter and sufficient shelf, locked cabinet, or storage space to store forms, official identification, etc., required by the veterinarian or technician in performing the tests and releasing animals.;
(7)    Be suppliedSupplied with adequate artificial light. The electric wiring shall be adequate to carry a minimum of a centrifuge, electrical refrigerator, cooling facility, and have a minimum of two (2) electrical outlets.; and
(8)    Be locatedLocatedso as to be convenient for the veterinarian or technicianand the public while conducting his duties as an Auction Market Veterinarian.
SUBCHAPTER 15.  Equine Infectious Anemia (EIA)
PART 3.  PROCEDURES
35:15-15-34.  Requirements for approved EIA testing laboratories
(a)    No person shall operate an EIA testing laboratory without first obtaining approval from the Board.
(b)    Conditions of approval.
(1)    Submit a complete application to the office of the State Veterinarian.
(2)    Upon receipt of an application, the facility shall be inspected by an authorized agent of the Board USDA.
(3)    A report of the inspection shall be submitted to the State Veterinarian and identify the EIA testing laboratory's compliance with the minimum standards for facilities, equipment, and personnel.
(4)    The applicant shall agree in writing to operate the laboratory in conformity with the Department rules and the requirements of the USDA and shall continually meet all requirements during operation of the laboratory.
(5)    A determination by the Department that an additional EIA laboratory is necessary in the area.
(c)    Operating requirements.
(1)    All personnel conducting an official test at an approved laboratory shall receive training prescribed by the National Veterinary Services Laboratories (NVSL).
(2)    Approved laboratories shall use USDA licensed antigenELISA test kits and follow standard test protocols prescribed by NVSL.
(3)    Approved laboratories shall maintain a work log clearly identifying each individual sample and test results.
(4)    Approved laboratories shall maintain a work log and a file of all submission forms for a period of not less than two (2) years.
(5)    All approved laboratories shall report all positive results to an official test for EIA to the State Veterinarian's office within twenty four (24) hours.
(6)    A copy of all test charts for positive Equidae shall be sent to the State Veterinarian's office within seventy two (72) hours.
(7)    Negative results shall be reported to the office of the State Veterinarian on a monthly basis.
(8)    Approved laboratories shall not test samples until an officially completed test chart is received.
(d)    Inspections, proficiency tests, and licenses.
(1)    The BoardUSDA APHIS VS shall randomly and without prior notification collect samples and inspect the facilities and records of all EIA laboratories in Oklahoma at a minimum of onceleast one (1) time per year.
(2)    All records required to be maintained by approved laboratories shall be open to inspection by state or federal employees during normal business hours.
(3)    All approved laboratories shall pass annual proficiency test requirements administered by the NVSL.
(4)    All approved laboratories shall pass any additional proficiency test requirements administered by the Board.
(5)    The Board shall charge a fee to the approved laboratory for administering each additional proficiency test in the amount of Fifty Dollars ($50.00).
(6)    Each approved laboratory shall obtain a license on an annual basis.
(A)    The annual license fee shall be $250.00Two Hundred Fifty Dollars ($250.00).
(B)    The annual license shall expire on January 31 of each calendar year.
(C)    The renewal license application shall be submitted no later than January 31 of each calendar year.
(D)    A renewal application received or postmarked after January 31 shall be in violation of these rules.
(E)    Failure to renew may result in disapproval of the laboratory.
(F)    A fee waiver may be granted to an EIA laboratory at a university or state agency.
(e)    An EIA laboratory may have its approval cancelled if the Board finds that the laboratory has failed to meet the requirements or has falsified records or reports.
(f)    Any action taken by the Board to cancel laboratory approval shall conform to the Administrative Procedures Act.
(g)    The Department may deny the application of any EIA laboratory if it fails to meet any criteria required by the Department.
(h)    Approved laboratories shall only perform the ELISA test.
(i)    The Department may at its discretion in limited and approved circumstances grant approved laboratories the ability to perform the AGID test for equine being exported from Oklahoma to a foreign country or for horses not residing in Oklahoma. The limited exception shall be detailed in a written agreement between the Department and the approved laboratory.
(j)    Any approved EIA laboratory shall resubmit all application information for approval by the Department upon a change in ownership of the facility or a change in location of the facility.
PART 9.  EQUINE EXHIBITIONS
35:15-15-91.  Requirements of Equidae entering equine exhibitions
(a)    All Equidae moving within the state to equine exhibitions, including but not limited to, fairs, livestock shows, breed association shows, rodeos, racetracks, or other equine gatherings shall be accompanied by a record of a negative official test for EIA conducted within the previous twelve (12) months. The official test shall be conducted by an approved laboratory and the name of the laboratory, the case number, and the date of the test shall appear on the official test record.
(b)    The official in charge shall be responsible for verifying that all Equidae entering an equine exhibition meet all recordation requirements.
(1)    An official in charge of an equine exhibition 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.
(c)    Any official in charge who knowingly, negligently, or willfully allows an untested or positive animal to enter an equine 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.
(d)    The original VS 10-11 for horses offered for sale through claiming races shall be on file with the Racing Secretary.
SUBCHAPTER 16.  Contagious Equine Metritis
35:15-16-1.  Incorporation by reference
(a)    The contagious equine metritis regulation found in Title 9 of the Code of Federal Regulations (CFR) (2019 2020 Revision), Section 93-301 and USDA VS Guidance Document 13406.1 (2013) Revision are hereby adopted in their entirety.
(b)    All words and terms defined or used in the federal regulation incorporated by reference by the Department shall mean the state equivalent or counterpart to those words or terms.
SUBCHAPTER 17.  Bovine and Bison Brucellosis
PART 1.  DEFINITIONS AND GENERAL PROVISIONS
35:15-17-4.  Traceback of reactors  [REVOKED]
(a)    A successful traceback of reactors occurs when the premises of the herd of origin of a market test reactor, including those animals identified as reactors on laboratory confirmation of market test, is located and the herd is tested as deemed necessary. If all animals at the premises of origin were sold for slaughter, a traceback is considered successful. Tracing to dealers, feedlots, commission firms, and other interim holders of animals shall not be considered a successful traceback of reactors.
(b)    Every traceback of reactors requires a comprehensive epidemiologic investigation and follow-up, including traces to "sold-out" herds, to effectively locate and control the disease. This investigation shall include:
(1)    Reactors in marketing channels with positive supplemental test titers:
(A)    Contact and adjacent herds shall be identified, recorded, and investigated.
(B)    The herd of origin shall be blood tested unless the comprehensive epidemiology investigation indicates conclusively that the titers are not caused by field strains of B. abortus.
(C)    All sales following the estimated date of onset of infection shall be traced and the herds of destination identified, recorded, and investigated for evidence of infection by testing.
(D)    If a herd identified in this subparagraph is negative, the herd shall be retested thirty to ninety (30-90) days later if deemed necessary by the epidemiologist.
(2)    Reactors in marketing channels with negative supplemental test results:
(A)    The owner shall be advised of negative test results by writing, telephone, or personal visit.
(B)    The herd shall be tested if reasonable doubt exists as to the reason for the serologic response, if evidence of brucella infection is present, or if the status of contact or other neighborhood herds is questionable.
35:15-17-6.  Incorporation by reference
(a)    The brucellosis regulations found in Title 9 of the Code of Federal Regulations (CFR) Part 78 (2020 Revision), are hereby adopted in their entirety.
(b)    All words and terms defined or used in the federal regulation incorporated by reference by the Department shall mean the state equivalent or counterpart to those words or terms.
PART 3.  RULES ADOPTED FROM USDA UNIFORM METHODS AND RULES (UM&R) FOR BRUCELLOSIS ERADICATION  [REVOKED]
35:15-17-32.  Laboratories  [REVOKED]
     Blood samples are to be tested only by cooperative state- federal laboratories, or by persons authorized to conduct the standard agglutination tests or the card test. All samples initially tested at other than cooperating state-federal laboratories shall be promptly submitted and confirmed at the cooperating state-federal laboratory.
35:15-17-33.  Reporting  [REVOKED]
     Activities conducted privately or as part of the official brucellosis eradication program, including results of agglutination tests or vaccination, shall be reported immediately to state-federal cooperating agencies. A complete epidemiological report shall be prepared and filed on each infected herd.
35:15-17-34.  Supervision  [REVOKED]
     The official brucellosis eradication program shall be supervised by full time state or federal veterinarians.
35:15-17-35.  Quarantine  [REVOKED]
     When there is a reason to suspect brucellosis infection due to the presence of an undiagnosed abortion in the herd or presence of a suspect or reactor as evidenced by an approved test for brucellosis, all cattle and bison except steers and spayed heifers may be confined to the premises or livestock market until the herd is freed of brucellosis or sold for slaughter. In emergency hardship cases animals may be moved to a new premises and placed under quarantine. All movements shall be accompanied by proper permit.
35:15-17-36.  Disposition of affected herds  [REVOKED]
(a)    Known affected herds shall be completely depopulated except for steers and spayed heifers unless the State Veterinarian determines otherwise.
(b)    Partial herd depopulations may be approved if a complete herd test and an epidemiological investigation discloses that certain separate pastures of cattle in the herd have passed a negative test and have had no exposure to the affected pastures more than 180 days prior. Heifers which were progeny of cows in the affected pastures are considered exposed and required to be included in the depopulation or spayed. Bull calves produced by cows in the affected pastures shall be neutered.
(c)    Depopulation may be waived if in the opinion of the Designated Brucellosis Epidemiologist, the State Veterinarian and the APHIS VS Area Veterinarian in Charge depopulation is not warranted and an approved herd plan is followed.
35:15-17-37.  Community notification of brucellosis affected herds  [REVOKED]
     The Oklahoma Department of Agriculture, Food, and Forestry shall notify owners of herds adjacent to Brucellosis infected herds of the presence of the infection by mail or personal contact.
35:15-17-38.  Contact herds and adjacent herds  [REVOKED]
     Herds within one (1) mile of the periphery of the herd of origin of a market cattle identification reactor are to be tested within thirty (30) days of notification or placed under quarantine. These herds shall be retested six (6) to eight (8) months after notification. The test requirement and the extent of the testing area may be altered by the Designated Brucellosis Epidemiologist if it is justified by epidemiological evidence. Those herds within one (1) mile of the periphery of the affected herd, herds sharing common pasture, and herds containing previous purchases from or exchanges with the affected herd shall be tested within thirty (30) days of notification or placed under quarantine. All herds having direct fence to fence or across a road contact, or sharing common pasture with or containing previous purchases from or exchanges with the affected herd shall be retested from four (4) to eight (8) months after removal of the last reactor from the affected herd. These herds and all other herds located within one (1) mile of the periphery of the affected herd shall be retested ten (10) to fourteen (14) months after the removal of the last reactor from the affected herd. The extent of the testing area from the affected herd may be altered by the Designated Brucellosis Epidemiologist if it is justified by epidemiological evidence.
35:15-17-39.  Cleaning and disinfection  [REVOKED]
     Premises shall be cleaned and disinfected under regulatory supervision within fifteen (15) days following the removal of reactors or the entire herd for slaughter. An extension of time may be considered under extenuating circumstances. Exemptions from cleaning and disinfection requirements can be authorized by the cooperative state-federal officials directing the brucellosis program activities within the state.
35:15-17-40.  Classification of cattle and bison  [REVOKED]
(a)    Animals are classified as Negative, Suspect, or Reactor based in part on their serologic test results using the criteria listed in the Uniform Methods and Rules of Brucellosis Eradication and the Code of Federal Regulations for evaluation of titer response. Titer responses for all cattle shall be evaluated by a trained, experienced epidemiologistwho has been designated to perform or supervise this function. The designated epidemiologist shall take into consideration the animal and herd history and other epidemiologic factors. The designated epidemiologist may deviate from the reactor criteria but shall document the reasons for doing so.
(b)    Cattle and bison are classified as brucellosis negative when their blood serums are subjected to official serologic tests and the test results do not disclose evidence of Brucella infection, and if blood, milk or tissues are subjected to bacteriologic methods for culturing field strain brucella and none are recovered. An animal shall only be classified as negative if all procedures that are performed fail to disclose evidence of brucellosis.
(c)    Cattle and bison are classified as suspects when their blood serums are subjected to official serologic tests and the test results are suggestive of infection but are inconclusive and a bacteriologic method to culture brucella from blood, milk, or tissues do not yield field strain brucella.
(d)    Cattle and bison are classified as reactors when their blood serums subjected to official serologic tests and the test results indicate that the animal was exposed to and is infected with Brucella. Cattle and bison are also classified as reactors in the absence of significant serologic test results when bacteriologic methods result in the recovery of field strain Brucella organisms, a significant rise in the serologic titer occurs, or when other epidemiologic evidence of infection is demonstrated.
(e)    The evaluation and classification of titer responses for all animals shall be the responsibility of a trained, experienced epidemiologist who has been designated to perform this function, taking into consideration the animal and herd history and other epidemiologic considerations. The selection of the epidemiologist shall be made jointly by USDA Veterinary Services, Regional Epidemiologist, and state and federal animal health officials. Deviations from the reactor criteria are acceptable when made by the designated epidemiologist.
(f)    Infection of animals by Brucella may also be indicated or confirmed by other diagnostic procedures such as the bacteriologic cultivation and isolation of Brucella from tissues, secretions, or excretions and positive agglutination in tests such as the semen plasma test.
(g)    Animals initially classified as reactors may be eligible for reclassification provided an appropriate epidemiological investigation of the herd is conducted, including a serological test of the herd if necessary and there is no evidence of brucella infection or exposure thereto; and final classification is determined by the designated epidemiologist. The herd shall emain under quarantine pending final classification.
35:15-17-41.  Identification of reactors  [REVOKED]
     All reactor animals are to be permanently identified by branding with the letter "B" (at least 2x2 inches) placed on the tailhead. An approved reactor tag shall be placed in the left ear. Identification of reactors shall be completed within fifteen (15) days of the date of classification. The time may be extended for an additional additional (15) days for reasons mutually acceptable to the cooperating state and federal officials in charge.
35:15-17-42.  Identification of exposed animals  [REVOKED]
(a)    Exposed animals shall be identified by branding with a hot iron the letter "S" (at least 2x2 inches) placed on the tailhead prior to movement. These exposed animals may move from a farm of origin or from a livestock market direct to slaughter.
(b)    Exposed animals returned from the livestock market to the herd of origin under quarantine pending further testing are exempt from this requirement.
(c)    Exposed animals may move from the farm of origin direct to a federal or state inspected slaughtering establishment in a sealed truck without permanent identification by "S" brand provided:
(1)    The animals are destined for slaughter at a single slaughtering establishment,
(2)    The entire lot is consigned direct to slaughter with no diversion to holding facilities,
(3)    The animals are moved in sealed vehicles with an official shipping permit with eartag or backtag identification of each animal in the shipment,
(4)    The appropriate seal number is recorded, and
(5)    The permit accompanies each shipment.
(d)    Seals are to be placed and broken only by state or federal regulatory personnel during normal working hours.
(e)    Livestock to be transported in sealed vehicles shall remain on the premises until the appropriate regulatory personnel writes the permit and seals the vehicle.
(f)    Post-authorized permits shall not be approved.
35:15-17-43.  Slaughter requirements  [REVOKED]
(a)    Reactor animals and "B" brand exposed animals shall be sold for immediate slaughter and removed from the premises under state or federal permit within fifteen (15) days of the date of identification. The time may be extended fifteen (15) days for reasons mutually acceptable to the cooperating state and federal officials in charge. Reactors or responders and "B" branded exposed animals in herd depopulations shall remain on the premises of origin until a state or federal permit for movement to slaughter is obtained. Movement for immediate slaughter shall be to a slaughtering establishment where federal or state inspection is maintained or to a state or federal approved market for sale to the slaughtering establishment. There shall be no diversion from the permitted destination.
(b)    Exposed animals consigned for immediate slaughter shall remain on the premise of origin until an "S" brand permit for movement to slaughter is prepared. Movement for immediate slaughter shall be to a slaughtering establishment where state or federal inspection is maintained or to a state or federal approved market for sale to a slaughtering establishment. There shall be no diversion from the permitted destination.
(c)    All test eligible animals shall have a blood sample collected at slaughter and all man-made identity shall be properly collected and submitted with each blood sample.
35:15-17-44.  Movement of reactors, exposed animals and suspects  [REVOKED]
(a)    Reactors, "B" branded exposed animals and "S" branded animals shall be moved under permit or "S" brand permit. There shall be no diversion from the permitted destination. When moved, the animals shall be maintained separate and apart from all other classes of livestock in specially designed pens reserved for this purpose at livestock markets.
(b)    Heifer calves born in affected herds or consigned with a market cattle investigation reactor shall meet one of the following to qualify for movement from the herd or sale premise.
(1)    The heifer calves shall be "S" branded or spayed,
(2)    The heifer calves shall be quarantined and held separate and apart from the affected adult herd after weaning until the entire quarantined group is negative on an official test occurring not less than thirty (30) days following the completion of their first calving, or
(3)    If the heifer calves remain in or return to the affected adult herd, the entire herd shall not be released from quarantine until all the heifer calves have matured andcalved, then at not less than thirty (30) days after all the retained heifers have completed first calving, the entire herd shall test negative for brucellosis to qualify for quarantine release.
35:15-17-45.  Entering premises  [REVOKED]
     Persons engaged in the brucellosis eradication program shall be authorized to enter premises to carry out eradication procedures.
35:15-17-47.  Herd depopulation  [REVOKED]
     All affected herds shall be depopulated unless granted a waiver as prescribed in 35:15-17-36. Following herd depopulation, all contact herds and adjacent herds within one (1) mile of the perimeter of the depopulated herd shall be tested as prescribed in 35:15-17-38.
35:15-17-48.  Diagnostic agents for brucellosis  [REVOKED]
     Brucella antigens and all supplies accompanying these antigens used for the diagnosis or detection of brucellosis in domestic livestock shall be distributed only to state or federal animal health personnel and approved accredited veterinarians. Only state or federal animal health personnel, approved veterinary technicians, and approved accredited veterinarians may possess brucella antigens or the supplies accompanying these antigens. Approved accredited veterinarians may use the brucella antigens and the supplies accompanying these antigens only in approved laboratories at state or federally approved markets for testing domestic livestock or bison consigned for sale at state or federally approved markets.
35:15-17-49.  Adult vaccination  [REVOKED]
(a)    For affected, exposed, or at risk herds,adult brucellosis vaccinations shall adhere to current recommendations of the USDA Uniform Methods and Rules (UM&R) for Brucellosis Eradication.
(b)    For cattle not vaccinated pursuant to subsection (a), above, the accredited veterinarian performing the brucellosis vaccination shall:
(1)    obtain permission from the Oklahoma state veterinarian,
(2)    obtain serum samples and submit to the State-Federal laboratory for brucellosis testing,
(3)    use the full, recommended dose of an approved brucella vaccine, and
(4)    identify the cattle and report the vaccination as required in 35:15-17-3 (b).
35:15-17-50.  Epidemiologic services  [REVOKED]
     The brucellosis eradication program shall furnish quality epidemiologic services to aid veterinarians and herd owners in brucellosis prevention and control leading toward local eradication. To accomplish this goal, the following components relating to epidemiologic service shall be instituted:
(1)    State employed veterinarians having brucellosis program responsibilities shall attend an APHIS brucellosis epidemiology short course or its equivalent within the first year of their assignment.
(2)    State livestock inspectors and APHIS animal health technicians shall have in their job descriptions a requirement for a structured program of continuing education on program elements.
(3)    The state brucellosis program supervisor shall notify the state public health agency at the time or within fifteen (15) days of the imposition of each new affected herd quarantined for brucellosis. The public health agency shall take appropriate steps to mail to these herd owners educational lettersencouraging any existing human cases of brucellosis to see a physician and recommend procedures to minimize further potential exposure of family members and employees to brucellosis.
35:15-17-51.  Individual herd plan  [REVOKED]
     A written plan for the elimination of brucellosis from each affected herd shall be developed by the herd owner and his veterinarian if requested by the owner and a veterinarian of the cooperative state-federal brucellosis eradication program.
35:15-17-52.  Heifers to be spayed  [REVOKED]
     Heifers less than test eligible age and are to be spayed may be released from an auction market to a licensed approved veterinarian's clinic within the state of Oklahoma. These heifers shall be accompanied by an official permit. All heifers spayed be marked with a spade brand on the tail head. "S" branded females shall not be released to a veterinarian's clinic for spaying.
35:15-17-53.  Assurance test  [REVOKED]
     All animals not included in a herd depopulation of an affected herd shall be placed under herd surveillance after quarantine release until they pass negative assurance tests. The assurance test schedule shall be between four (4) and eight (8) months and again between ten (10) and fourteen (14) months after the last reactor is removed from the herd. If all animals test negative to the assurance tests, the herd shall be removed from the surveillance list. The assurance test schedule may be modified by the Designated Brucellosis Epidemiologist if epidemiological evidence justifies a less stringent schedule.
35:15-17-54.  Fictitious names and erroneous information  [REVOKED]
     Test charts, vaccination charts and other official forms shall be completed in the name of the actual owner or the person responsible for the cattle. An auction market or market operator shall not be held responsible for recording erroneous information provided by an owner, buyer or seller. The individual providing the erroneous or fictitious information shall be in violation of rules adopted by the State Board of Agriculture.
35:15-17-56.  Commuter herds  [REVOKED]
(a)    Any person, firm or corporation importing or exporting cattle or bison as a commuter herd in Oklahoma shall prepare an approved commuter herd agreement. The agreement shall be signed by the herd owner, or legal representative, and the State Veterinarians of all states in which the commuter herd resides. A commuter herd permit number will be assigned to each approved commuter herd.
(b)    All commuter herds shall be a part of a valid farming, breeding, or ranching operation and any movement shall be in the course of normal farming, breeding or ranching activities without change of ownership. Only those bulls and cows and their calves which are a part of the breeding herd may be moved as a commuter herd. Movements shall only be between premises designated on the agreement.
(c)    Any commuter herd which has disclosed reactors affected with field strain brucellosis during the previous forty-eight (48) months shall have a negative complete herd test within thirty (30) days of submission of the commuter herd agreement for consideration. Approval, denial or revocation of commuter herd status shall be based on the herd management and health history as evaluated by the designated brucellosis epidemiologists of all states in which the commuter herd resides.
(d)    The animals in an approved commuter herd may be moved between the states approving the commuter herd agreement without additional tests for brucellosis provided they are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian within thirty (30) days of the movement. All requirements regarding any other infectious or contagious diseases shall be completed prior to issuance of the certificate of veterinary inspection.
PART 5.  BRUCELLA VACCINE  [REVOKED]
35:15-17-59.  Brucella vaccine  [REVOKED]
(a)    Use of approved brucella vaccine shall be in accordance with instructions approved by the State Board of Agriculture accompanying each lot of vaccine.
(b)    Non-approved brucella vaccine is prohibited for use or distribution.
(c)    Approved brucella vaccine shall only be used by approved veterinarians and approved regulatory personnel.
(d)    Before obtaining or using any approved brucella vaccine, veterinarians and regulatory personnel shall have successfully completed a formal course of training in the dilution, handling and use of the vaccine.
35:15-17-60.  Official calfhood vaccination shield  [REVOKED]
     The official metal calfhood vaccination shield or any other approved device for the identification of official vaccinates shall remain exclusively in the possession of an accredited veterinarian or state or federal animal health official at all times. The approved official tattoo shall only be used to properly identify all officially calfhood vaccinated animals. Any unauthorized use or possession of this shield or other approved identification device shall constitute a violation of rules adopted by the State Board of Agriculture.
PART 7.  CERTIFIED BRUCELLOSIS-FREE HERDS OF CATTLE OR BISON  [REVOKED]
35:15-17-64.  Qualifying methods  [REVOKED]
     A herd of cattle or bison may qualify as Certified Brucellosis-Free through one or more of the following methods:
(1)     Milk Ring Test.
(A)    A minimum of four (4) consecutive negative milk ring tests conducted at not less than ninety (90) day intervals, following by a negative herd blood test conducted within ninety (90) days after the last negative milk ring test are equired for initial qualification.
(B)    Milk ring test procedures shall not be used for herd recertification.
(2)     Complete herd test.
(A)    At least two (2) consecutive negative tests of all test eligible animals not less than ten (10) months nor more than fourteen (14) months apart are required for initial certification. Additional herd tests may be conducted if the owner desires or if the certifying agencies deem it necessary.
(B)    A negative herd test of all test eligible animals conducted within sixty (60) days of each anniversary date is required for recertification. If the herd certification test is conducted within sixty (60) days following the anniversary date the certification period will be twelve (12) months from the anniversary and not twelve (12) months from the date of the recertifying test. If a herd test for recertification is not conducted within sixty (60) days following the anniversary date, then recertification requirements are the same as for initial certification.
35:15-17-65.  Qualifying standards  [REVOKED]
     Qualifying standards for a Certified Brucellosis-Free Herd of cattle or bison are as follows:
(1)    Size of area is on a herd basis, including all offspring.
(2)    Length of status is twelve (12) months.
(3)    Testing period.
(A)    For initial certification the period is ten (10) to fourteen (14) months, or a minimum of nine (9) months if the milk ring test is used.
(B)    For recertification a negative blood test of all test eligible animals shall be conducted within ten (10) to fourteen (14) months of the last certification date for continuous status.
(4)    The individual herd shall have no evidence of infection at the time of initial herd certification or recertification.
(5)    The individual animals shall have no evidence of infection at the time of initial herd certification or recertification.
(6)    Animals classified as suspects shall be tested sufficiently to determine their status. The various supplemental tests shall be conducted on blood samples, and the results evaluated by a brucellosis epidemiologist and a determination made that an infection does not exist before the surveillance on suspects is dropped. If the suspects requiring retests are not available, then a complete herd test is required.
(7)    When one or more reactors are disclosed in a certified herd or in a herd under test for initial certification, the herd status shall be affected and the quarantine and retest provisions shall apply.
(A)    A herd qualifies for initial Certified Brucellosis-Free status when the herd is free of infection, all provisions of release of quarantine are met, and additional provisions required under 35:15-17-64 are met.
(B)    A herd decertified because a brucellosis reactor is discovered shall only be recertified by repeating the entire certification process.
(8)    Standards for movement of animals into a Certified Brucellosis-Free Herd are as follows:
(A)    Animals consigned to feedlots may be held on premises with a Certified Brucellosis-Free Herd provided these animals meet the blood testing requirements prior to entry into the feedlot and there is no contact with the Certified Brucellosis-Free Herd.
(B)    No test requirements on breeding or dairy animals originating from Certified Brucellosis-Free Herds or Class Free States or Areas shall be required. Animals added to the Certified Brucellosis-Free Herd under this provision shall not receive new herd status for sale purposes until they have passed a sixty to one hundred twenty (60-120) day post-entry retest.
(C)    Test eligible animals from herds not under quarantine and from Class A, B, or C Areas or States shall be blood tested negative for brucellosis within thirty (30) days prior to the date of being moved. In addition, all other requirements for interstate or intrastate movement shall be met. A sixty to one hundred twenty (60-120) day post-entry retest is required for all cattle purchased from noncertified free herds. Animals added to a Certified Brucellosis-Free Herd under this provision shall not receive new herd status for sale purposes until passing a sixty to ninety (60-120) day post-entry retest and are included in an anniversary herd test.
35:15-17-66.  Certified Brucellosis-Free Herd  [REVOKED]
(a)    Certified Brucellosis-Free Herds shall have at least two (2) consecutive negative tests not less than ten (10) months nor more than fourteen (14) months apart. Additional herd tests may be conducted if the owner desires or if USDA Veterinary Services or the Oklahoma Department of Agriculture, Food, and Forestry deem it necessary.
(b)    Commercial dairy herds require a minimum of four (4) consecutive negative milk ring tests conducted at not less than ninety (90) day intervals followed by a negative herd blood test conducted within ninety (90) days after the last negative milk ring test.
(c)    Herd additions and requalification shall be in accordance with procedures outlined in 35:15-17-64 and 35:15-17-65.
PART 13.  COMMUNITY PASTURES  [REVOKED]
35:15-17-83.  Community pastures  [REVOKED]
     Groups of test eligible cattle and bison under multiple ownership that share a common premises, including but not limited to a community pasture, grazing association, or lease, shall be from a herd not known to be affected with brucellosis, and have passed a negative test within thirty (30) days prior to sharing a common premises with other herds.
PART 15.  DEPOPULATION PAYMENT  [REVOKED]
35:15-17-87.  Conditions and animal qualifications for depopulation payment  [REVOKED]
(a)    Any owner of cattle or bison destroyed because of an approved brucellosis depopulation agreement with the State of Oklahoma shall be entitled to payment in an amount of $50.00 for each eligible animal, provided the animal qualifies for payment pursuant to official state brucellosis rules and agreement for depopulation.
(1)    All eligible animals shall be tagged and "B" branded as reactor animals.
(2)    All eligible "B" branded animals shall be handled in accordance with 35:15-17-44.
(b)    State depopulation monies, within the limits of availability, shall be in addition to any payments made by the United States Department of Agriculture for depopulation.
(c)    State depopulation monies shall not be paid unless the owner of the cattle or bison is in compliance with all the requirements of the State of Oklahoma brucellosis depopulation agreement.
PART 17.  BLOOD TYPING  [REVOKED]
35:15-17-91.  Misrepresentation of blood samples or animals  [REVOKED]
(a)    It shall be a violation of rules adopted by the State Board of Agriculture to misrepresent any blood sample submitted for official testing. Methodology currently used for blood typing may be used to assure the validity of samples.
(b)    When a retest of a serologically positive animal is conducted, it shall be a violation of rules adopted by the State Board of Agriculture for anyone to present any animal other than the original animal for the retest. Methodology currently used for blood typing may be used to assure that the samples match.
SUBCHAPTER 36.  Scrapie
35:15-36-1.  Incorporation by reference of federal regulations
     Regulations of the United States Department of Agriculture concerning scrapie in sheep and goats found at 9 CFR Part 79 (20192020 Revision) are adopted by reference with the exception of the deleted regulations specified in 35:15-36-2.
35:15-36-2.  Deleted regulations
     The following sections of the Federal regulations governing scrapie in sheep and goats (9 CFR, Part 79 et seq.) (20192020 Revision) of the USDA incorporated by reference under 35:15-36-1 are deleted and are not rules of the Oklahoma Department of Agriculture, Food, and Forestry: 79.6 and 79.7.
SUBCHAPTER 37.  Minimum Standards for Certified Brucellosis-Free Goat Herds
35:15-37-1.  Minimum standards for certification and recertification of Certified Brucellosis-Free Goat Herds
     Minimum standards for certification and recertification of Certified Brucellosis-Free Goat Herds are:
(1)     Animals to be tested. Requires complete herd test of all breeding goats six (6) months of age or older, as follows:
(A)    For initial certification, at least two (2) negative tests not less than ten (10) months, nor more than fourteen (14) months apart.
(B)    For recertification, a negative herd test, of all breeding animals six (6) months of age or older, within sixty days of eachnot less than ten (10) months nor more than fourteen (14) months from the anniversary date is required for continuous certification. If the herd certification test is conducted within sixty (60) days following the anniversary date, the certification period will be twelve (12) months from the anniversary, and not twelve (12) months from the date of the recertifying test. If a herd test for recertification is not conducted within sixty (60) days following the anniversary date, then certification requirements are the same as for initial certification.
(2)     Additions. Additions to a Certified Brucellosis-Free Herd mustshall originate from a herd of origin which has passed a negative blood test within the previous twelve (12) months, and animals entering a Certified Brucellosis-Free Herd mustshall have an additional negative retest not less than sixty (60) days from the date of the negative herd test, and within thirty (30) days of date of movement. Animals added under this provision shall not receive new herd status for sale purposes until they have been members of the herd at least thirty (30) days and are included in a complete herd test.
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 feedlot" means a confined animal feeding operation (CAFO) licensed by the Department.
"Approved laboratory" means any laboratory designated and approved by the state veterinarian for examining T. foetus samples.
"Approved veterinarian" means a licensed accredited veterinarian who has complied with all Department regulations and educational requirements, and who has been approved by the Department to conduct necessary tests, vaccinations, inspections, and other duties.
"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/or belonging to different owners in the same enclosure or pasture with a reasonable opportunity for sexual contact.
"Exposed bull" means an untested bull that has had an opportunity to breed exposed female cattle.
"Exposed female" means a female bovine animal that is sexually intact and sexually mature that could have been exposed to a positive T. foetus bull.
"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.
"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 negative official T. foetus bull tests at intervals of at least one week; or
(C)    a negative official T. foetus bull test within sixty (60) days prior to entry with no sexual activity for one (1) week prior to the test and between the test and movement.
"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 trichomoniasis certified veterinarian or a veterinarian from the Oklahoma Department of Agriculture, Food, and Forestry. The test shall be conducted after aat least one (1) week separation from all female bovine and the bull and sample shall be officially identified and documented for laboratory submission. The test mayshall consist of three (3) culture tests at least one (1) week apart or one (1) Real Time PCR test. Pooled samples are acceptable.
"Oklahoma trichomoniasis certified free herd" means a herd of cattle that has been determined to be free of bovine trichomoniasis by following the requirements of OAC 35:15-38-4.
"Pooled sample" means a method of sampling where a sample from each bull is submitted in an individual transport pouch and the laboratory mixes aliquots from up to five (5) samples together to economize the test cost.
"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.
"Resident herd of origin" means a group of livestock maintained together as a herd or flock on the same premises for at least four (4) months.
"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.
"Tritrichomas 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 eighteen (18) months of age 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 is between twelve (12) and eighteen (18) months of age and has had no breeding and no potential breeding contact with females.
35:15-38-2.1.  Intrastate change of ownership requirements for bulls
(a)    Any bull greater than twelve (12) months of age changing ownership within the state of Oklahoma shall have a negative official T. foetus test within sixty (60) 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. Each bull shall be identified with an official ID tag at the time of testing.
(b)    Exceptions to this rule shall include the following:
(1)    A bull between twelve (12) and twenty-four (24) months of age accompanied by a virgin bull affidavit;
(2)    A bull sold directly to slaughter;
(3)    A bull sold for feeding and slaughter to be fed in an approved feedlot only and leaves the feedlot only to be slaughtered; or
(c)    Any bull presented for sale at a livestock auction market without a virgin bull affidavit (if between twelve (12) and twenty-four (24) months of age) or verification of a negative official T. foetus test:
(1)    Shall be tagged for slaughter only and sold for slaughter only;
(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 and shall not be liable for the results of a market veterinarian's sampling and results for an official T. foetus test.
SUBCHAPTER 40.  Bovine Tuberculosis
PART 3.  GENERAL TUBERCULOSIS RULES
35:15-40-49.4.  Rodeo bulls
(a)    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 365three hundred sixty-five (365) days and the test was performed in the name of the current owner; and
(2)    Be identified with an official Radio Frequency Identification Device (RFID) identification tag.
(b)    The official in charge of an event shall be responsible for verifying that all rodeo bulls entering any exhibition meet all testing requirements.
(1)    The official in charge of an event 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.
(c)    Any official in charge of an event 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.
PART 7.  IMPORT REQUIREMENTS
35:15-40-93.  Rodeo bulls
(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 365three hundred sixty-five (365) days and the test was performed in the name of the current owner;
(2)    The bull is identified with an official Radio Frequency Identification Device (RFID) identification tag;
(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)    The official in charge of an event shall be responsible for verifying that all rodeo bulls entering any exhibition meet all testing requirements.
(1)    The official in charge of an event 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.
(c)    Any official in charge of an event 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.
SUBCHAPTER 44.  Farmed Cervidae
35:15-44-19.  Entry and export requirements
(a)    Import of cervidae shall be accompanied by a Certificate of Veterinary Inspection and a Cervidae Import Permit approved or provided by the Department.
(1)    The import permit shall be valid for thirty (30) days from approval.
(2)    Cervidae Import Permit applications shall be submitted to the Department no less than three (3) working days prior to the scheduled shipment.
(b)    Cervidae shall have two forms of identification. One (1) of these two (2) forms of identification shall be official identification.
(c)    The State Veterinarian or designee may require a brucellosis test of any cervidae subject to the provisions of this subchapter.
(d)    All cervidae shall meet the tuberculosis testing provisions found at 9 CFR Part 77 (20192020 Revision).
(e)    All cervidae, within the genera Odocoileus, Cervus, and Alces and their hybrids, shall originate from a chronic wasting disease certified herd from a county where no chronic wasting disease has been confirmed in native cervidae populations.
SUBCHAPTER 47.  Chronic Wasting Disease (CWD) in Cervids
PART 1.  GENERAL
35:15-47-2.  Definitions
     The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:
"Affected herd" means a herd of cervidae that contains or has contained one or more animals infected with chronic wasting disease.
"Certified CWD sample c.ollectorcollector" means an individual who has completed appropriate training recognized by the Department on the collection and preservation of samples for CWD testing and on proper record keeping, and who has been certified to perform these activities by the Department.
"Cervidae" means, for the purposes of this Subchapter only, white-tail deer, black-tail deer, mule deer, red deer (European elk), and elk but does not include members of the cervidae family that are not susceptible to CWD.
"Herd" means one or more cervidae maintained on common ground and includes all cervidae under single or multiple ownership or supervision that are geographically separated but can have an interchange of cervidae between the groups.
"Herd plan" means a herd management and testing agreement developed by state and federal animal health officials in conjunction with the herd owner. A herd plan shall be valid only upon approval by the State Veterinarian.
"Suspect animal" means a cervid that displays clinical signs suggestive of CWD, including but not limited to, weight loss, poor condition, drooling, behavioral abnormalities, incoordination, weakness, or recumbency.
PART 5.  DISPOSITION OF POSITIVE AND TRACE HERDS
35:15-47-11.  Disposition of positive herds
(a)    A CWD positive herd shall be depopulated.
(b)    The Board may pay an indemnity not to exceed fifty dollars ($50.00) per head for any depopulated cervidae.
(c)    After depopulation of a CWD positive herd, the herd owner may repopulate the premise with new cervidae only pursuant to herd plan requirements.
PART 7.  INTERSTATE MOVEMENT REQUIREMENTS
35:15-47-18.  Minimum CWD requirements for interstate movement of cervids
(a)    Regulations of the United States Department of Agriculture concerning the interstate movement of cervidae found at 9 CFR Part 81 (20192020 Revision) are adopted by reference.
(b)    Caribou and Reindeer shall meet all interstate movement regulations that apply to cervidae found at 9 CFR Part 81 (20192020 Revision).
[OAR Docket #21-655; filed 7-6-21]