PART 78—BRUCELLOSIS Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. Source: 51 FR 32580, Sept. 12, 1986, unless otherwise noted. Subpart A—General Provisions § 78.1 Definitions. The following terms are defined in this section: Accredited veterinarian Administrator Animals Animal and Plant Health Inspection Service Animal identification number APHIS representative Approved brucella vaccine Approved individual herd plan Approved intermediate handling facility Area “B” branded Boar Brucellosis Brucellosis exposed Brucellosis negative Brucellosis reactor Brucellosis ring test Brucellosis suspect Certificate Certified brucellosis-free herd Class A State or area Class B State or area Class C State or area Class Free State or area Complete herd test (CHT) Confirmatory test Dairy cattle Designated epidemiologist Directly Epidemiologist Epidemiology Farm of origin Feral swine Finished fed cattle Herd Herd blood test Herd known to be affected Herd not known to be affected Herd of origin of swine Interstate Market cattle identification test cattle Market swine test (MST) reactor Market swine test swine Monitored-negative feral swine population Moved Moved (movement) in interstate commerce Official adult vaccinate Official brand inspection certificate Official brand recording agency Official calfhood vaccinate Official eartag Official seal Official swine tattoo Official test Official vaccinate Official vaccination eartag Originate Parturient Permit Permit for entry Person Postparturient Purebred registry association Qualified herd Quarantined area Quarantined feedlot Quarantined pasture Recognized slaughtering establishment “S” branded “S” brand permit Sow Specifically approved stockyard State State animal health official State representative Successfully closed case Swine brucellosis Test-eligible cattle and bison United States United States Department of Agriculture backtag Validated brucellosis-free herd Validated brucellosis-free State Veterinarian in Charge Whole herd vaccination As used in this part, the following terms shall have the meanings set forth in this section. Accredited veterinarian. Administrator. Animals. Animal and Plant Health Inspection Service (APHIS). Animal identification number (AIN). APHIS representative. Approved brucella vaccine. Brucella Approved individual herd plan. Approved intermediate handling facility. Area. “B” branded. Boar. Brucellosis. Brucella. Brucellosis exposed. Brucellosis negative. Brucellosis reactor. Brucella abortus Brucellosis ring test. Brucellosis suspect. Certified brucellosis-free herd. (a) Certification. (1) By conducting at least two consecutive negative herd blood tests not less than 10 months nor more than 14 months apart; or (2) As an alternative for dairy cattle, by conducting a minimum of four consecutive negative brucellosis ring tests, or other official brucellosis milk test approved by the Administrator, at not less than 90-day intervals, followed by a negative herd blood test within 90 days after the last negative brucellosis ring test or other official brucellosis milk test approved by the Administrator. (b) Maintaining certification. (1) A negative herd blood test must be conducted within 10 to 12 months of the last certification date for continuous status. Lapsed certification may be reinstated if a herd blood test is conducted within 14 months of the last certification date. A new recertification test date may be established if requested by the owner and if the herd is negative to a herd blood test on that date, provided that date is within 1 year of the previous certification date. (2) As an alternative for dairy cattle, a minimum of four consecutive negative brucellosis ring tests, or other official brucellosis milk test approved by the Administrator, must be conducted at approximately 90-day intervals, with the fourth test conducted within 60 days before the 1-year anniversary of the previous certification date. (3) The Administrator may allow another testing protocol to be used if the Administrator determines that such a protocol is adequate to determine there is no evidence of brucellosis in the herd. (c) Loss of certification. Brucella abortus. Class A State or area. (a) Surveillance Brucellosis ring test. (2) Market Cattle Identification (MCI) program Coverage. (ii) Brucellosis reactors Tracebacks. (B) Successfully closed cases. ( 1 ( 2 ( i ( ii ( iii (3) Epidemiologic surveillance Adjacent herds. (ii) Epidemiologically traced herds. (iii) Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Administrator. (b) Herd infection rate Percentage of herds affected. Brucella abortus, (2) Epidemiologic investigation. (3) All herds known to be affected shall have approved individual herd plans in effect within 15 days after notification by a State representative or APHIS representative of a brucellosis reactor in the herd. Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Administrator. Class B State or area. (a) Surveillance Brucellosis ring test. (2) Market Cattle Identification (MCI) program Coverage. (ii) Brucellosis reactors Tracebacks. (B) Successfully closed cases. ( 1 ( 2 ( i ( ii ( iii (3) Epidemiologic surveillance Adjacent herds. (ii) Epidemiologically traced herds. (iii) Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Administrator. (b) Herd infection rate Percentage of herds affected. Brucella abortus, (2) Epidemiologic investigation. (3) All herds known to be affected shall have approved individual herd plans in effect within 45 days after notification by a State representative or APHIS representative of a brucellosis reactor in the herd. Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Administrator. Class C State or area. (a) Surveillance Brucellosis ring test. (2) Market Cattle Identification (MCI) program Coverage. (ii) Brucellosis reactors Tracebacks. (B) Successfully closed cases. ( 1 ( 2 ( i ( ii ( iii (3) Epidemiologic surveillance Adjacent herds. (ii) Epidemiologically traced herds. (iii) Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Administrator. (b) Herd infection rate Percentage of herds affected. Brucella abortus, (2) Epidemiologic investigation. (3) All herds known to be affected shall have approved individual herd plans in effect within 45 days after notification by a State representative or APHIS representative of a brucellosis reactor in the herd. Each State shall ensure that such approved individual herd plans are effectively complied with, as determined by the Administrator. (c) Compliance with minimum procedural standards. (2) A State or area must make continued progress over a 2-year period in reducing the prevalence of brucellosis as determined by epidemiologic evaluation or it will be placed under Federal quarantine. Class Free State or area. Brucella abortus Brucella abortus, (a) Surveillance Testing requirements States or areas that have been Class Free for 5 consecutive years or longer and that do not have B. abortus in wildlife. (ii) States or areas that have not been Class Free for 5 consecutive years or longer or that have B. abortus in wildlife. (A) Brucellosis ring test. (B) Market Cattle Identification (MCI) program. (C) Alternative surveillance plan. (2) Brucellosis reactors. (i) Tracebacks. (ii) Successfully closed cases. (A) The brucellosis reactor is located in a herd in a different State than the State where the MCI blood sample was collected. In such cases a State representative or APHIS representative must give written notice of the MCI test results to the State animal health official in the State where the brucellosis reactor is located; or (B) Evidence indicates that the brucellosis reactor is from a herd that no longer presents a risk of spreading brucellosis, or is from a herd that is unlikely to be infected with brucellosis. Such evidence could include, but is not limited to, situations where: ( 1 ( 2 ( 3 (iii) Epidemiologic surveillance Adjacent herds. (B) Epidemiologically traced herds. (b) Herd infection rate Affected herds. Brucella abortus. (2) Epidemiologic investigation. (3) Approved herd plans. (4) Affected herd. (i) The affected herd. (B) The affected herd must be quarantined immediately and tested for brucellosis as required by the Administrator until there is no evidence of brucellosis in the herd; and (ii) Other herds. (iii) APHIS review. (c) Brucellosis management plans. B. abortus B. abortus (2) The brucellosis management plan reflected in the MOU must: (i) Define and explain the basis for the geographic area in which a disease risk exists from B. abortus (ii) Describe epidemiologic assessment and surveillance activities to identify occurrence of B. abortus (iii) Describe mitigation activities to prevent the spread of B. abortus Commuter herd. Commuter herd agreement. Complete herd test (CHT). Confirmatory test. Dairy cattle. Designated epidemiologist. Directly. Epidemiologist. Epidemiology. Farm of origin. (b) Premises where cattle or bison remain for not less than 4 months immediately before movement from the premises but which are not used to assemble cattle or bison from any other premises for 4 months before such movement. Feral swine. Finished fed cattle. Herd. (b) All animals under common ownership or supervision on two or more premises which are geographically separated but on which animals from the different premises have been interchanged or had contact with each other. (c) For the purposes of this part, the term herd Herd blood test. Herd known to be affected. Herd not known to be affected. Herd of origin of swine. Interstate. Interstate certificate of veterinary inspection (ICVI). (1) The ICVI must show: (i) The species of animals covered by the ICVI; (ii) The number of animals covered by the ICVI; (iii) The purpose for which the animals are to be moved; (iv) The address at which the animals were loaded for interstate movement; (v) The address to which the animals are destined; and (vi) The names of the consignor and the consignee and their addresses if different from the address at which the animals were loaded or the address to which the animals are destined. (vii) Additionally, unless the species-specific requirements for ICVIs provide an exception, the ICVI must list the official identification number of each animal, except as provided in paragraph (2) of this definition, or group of animals moved that is required to be officially identified, or, if an alternative form of identification has been agreed upon by the sending and receiving States, the ICVI must include a record of that identification. If animals moving under a GIN also have individual official identification, only the GIN must be listed on the ICVI. An ICVI may not be issued for any animal that is not officially identified, if official identification is required. If the animals are not required by the regulations to be officially identified, the ICVI must state the exemption that applies ( e.g., (2) As an alternative to recording individual animal identification on an ICVI, if agreed to by the receiving State or Tribe, another document may be attached to provide this information, but only under the following conditions: (i) The document must be a Tribal or State form or APHIS form that requires individual identification of animals, or a printout of official identification numbers generated by computer or other means; (ii) A legible copy of the document must be attached to the original and each copy of the ICVI; (iii) Each copy of the document must identify each animal to be moved with the ICVI. The document must not contain any information pertaining to other animals; and (iv) The following information must be included in the identification column on the original and each copy of the ICVI: (A) The name of the document; and (B) Either the unique serial number on the document or both the name of the person who prepared the document and the date the document was signed. Location-based number system. Location identification (LID) number. Market cattle identification test cattle. Market swine test (MST) reactor. Market swine test swine. Monitored-negative feral swine population. Moved. Moved (movement) in interstate commerce. National Uniform Eartagging System (NUES). Official adult vaccinate. Brucella abortus (b)(1) Permanently identified by a “V” hot brand high on the hip near the tailhead at least 5 by 5 centimeters (2 by 2 inches) in size, or by an official AV (adult vaccination) tattoo in the right ear preceded by the quarter of the year and followed by the last digit of the year; and (2) Identified with an official eartag or individual animal registered breed association registration brand or individual animal registered breed association tattoo. Official brand inspection certificate. Official brand recording agency. Official calfhood vaccinate. Brucella abortus (b) Permanently identified by a tattoo and by an official vaccination eartag in the right ear. However, if already identified with an official eartag prior to vaccination, an additional tag is not required. The tattoo must include the U.S. Registered Shield and “V,” preceded by the quarter of the year and followed by the last digit of the year of vaccination. Individual animal registered breed association registration brands or individual animal registered breed association registration tattoos may be substituted for official eartags. Official eartag. Official eartag shield. Official identification number. (1) National Uniform Eartagging System. (2) Animal identification number (AIN). (3) Location-based number system. (4) Flock-based number system. (5) Any other numbering system approved by the Administrator for the official identification of animals. Officially identified. Official seal. Official swine tattoo. Official test Classification of cattle and bison Standard card test. (A) When conditions and time are such that no other test is available; or (B) When the owner or the owner's agent requests it because of time or situation constraints; or (C) In specifically approved stockyards when the State animal health official either: ( 1 ( 2 (D) To test market cattle identification (MCI) program test samples. Cattle and bison which test positive to the BAPA test or RST under the MCI program must be retested using the standard card test or the standard plate or tube agglutination test. (ii) Results of the standard card test also may be used to supplement the results of other official tests conducted in the cooperative State-Federal laboratory to give the designated epidemiologist additional information when classifying cattle and bison. (iii) Standard card test results are interpreted as either negative or positive. (2) Standard tube test (STT) or standard plate test (SPT). SPT OR STT Classification—Official Vaccinates Vaccinated With a Brucella Abortus Strain 19 Approved Brucella Vaccine Titer Classification 1:50 1:100 1:200 − − − Negative. I − − Do. + − − Do. + I − Suspect. + + − Do. + + I Do. + + + Reactor. − No agglutination. I Incomplete agglutination. + Complete agglutination. Official Vaccinates Vaccinated With an Approved Brucella Vaccine Other Than a Brucella Abortus Strain 19 Approved Brucella Vaccine Titer Classification 1:50 1:100 1:200 − − − Negative. I − − Suspect. + − − Do. + I − Do. + + − Reactor. + + I Do. + + + Do. − No agglutination. I Incomplete agglutination. + Complete agglutination. All Cattle and Bison Which Are Not Official Vaccinates Titer Classification 1:50 1:100 1:200 − − − Negative. I − − Suspect. + − − Do. + I − Do. + + − Reactor. + + I Do. + + + Do. − No agglutination. I Incomplete agglutination. + Complete agglutination. (3) Manual complement-fixation (CF) test. (i) Cattle and bison which are not official vaccinates: (A) Fifty percent fixation (2 plus) in a dilution of 1:20 or higher—brucellosis reactor; (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less than 50 percent fixation (2 plus) in a dilution of 1:20—brucellosis suspect; (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10—brucellosis negative; (ii) Official vaccinates vaccinated with a Brucella abortus (A) Twenty-five percent fixation (1 plus) in a dilution of 1:40 or higher—brucellosis reactor; (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less than 25 percent fixation (1 plus) in a dilution of 1:40—brucellosis suspect; (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10—brucellosis negative. (iii) Official vaccinates vaccinated with an approved brucella vaccine other than a Brucella abortus (A) Fifty percent fixation (2 plus) in a dilution of 1:20 or higher—brucellosis reactor; (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less than 50 percent fixation (2 plus) in a dilution of 1:20—brucellosis suspect; (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10—brucellosis negative. (4) Technicon automated complement-fixation test. (i) Cattle and bison which are not official vaccinates: (A) Fixation in a dilution of 1:10 or higher—brucellosis reactor; (B) Fixation in a dilution of 1:5 but no fixation in a dilution of 1:10—brucellosis suspect; (C) No fixation in a dilution of 1:5 or lower—brucellosis negative; (ii) Official vaccinates vaccinated with a Brucella abortus (A) Fixation in a dilution of 1:20 or higher—brucellosis reactor; (B) Fixation in a dilution of 1:10 but no fixation in a dilution of 1:20—brucellosis suspect; (C) Fixation in a dilution of 1:5 or less but no fixation in a dilution of 1:10—brucellosis negative. (iii) Official vaccinates vaccinated with an approved brucella vaccine other than a Brucella abortus (A) Fixation in a dilution of 1:10 or higher—brucellosis reactor; (B) Fixation in a dilution of 1:5 but no fixation in a dilution of 1:10—brucellosis suspect; (C) No fixation in a dilution of 1:5 or lower—brucellosis negative. (5) Rivanol test. (i) Cattle and bison which are not official vaccinates: (A) Complete agglutination at a titer of 1:25 or higher—brucellosis reactor; (B) Less than complete agglutination at a titer of 1:25—brucellosis negative; (ii) Official adult vaccinates more than 5 months after vaccination with a Brucella abortus Brucella abortus (A) Incomplete agglutination at a titer of 1:100 or higher—brucellosis reactor; (B) Complete agglutination at a titer of 1:25 or higher when the manual or technicon automated complement-fixation test is not conducted—brucellosis reactor; (C) Complete agglutination at a titer of 1:50 or less when the manual complement-fixation test or the technicon automated complement-fixation test is conducted and results in a classification of brucellosis suspect or brucellosis negative—brucellosis suspect; (D) Less than complete agglutination at a titer of 1:25—brucellosis negative; (iii) Official adult vaccinates less than 5 months after vaccination with a Brucella abortus (iv) Official vaccinates vaccinated with an approved brucella vaccine other than a Brucella abortus (A) Complete agglutination at a titer of 1:25 or higher—brucellosis reactor; (B) Less than complete agglutination at a titer of 1:25—brucellosis negative. (6) Semen plasma test. (7) Buffered acidified plate antigen (BAPA) test. (8) Rapid screening test (RST). (9) Concentration immunoassay technology (CITE test. Brucella abortus http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (10) Particle concentration fluorescence immunoassay (PCFIA) test. S/N ratio Classification Greater than .60 Negative. Greater than .30 but less than or equal to .60 Suspect. .30 or less Positive. (11) D-Tec Brucella A test. Percent inhibition Classification Less than or equal to 40 percent Negative. Greater than 40 percent and less than or equal to 70 percent Suspect. Greater than 70 percent Reactor. (12) Rapid Automated Presumptive (RAP) test. Brucella (13) Fluorescence polarization assay (FP assay). (14) The evaluation of test results for all cattle and bison shall be the responsibility of a designated epidemiologist in each State. The designated epidemiologist shall consider the animal and herd history and other epidemiologic factors when determining the brucellosis classification of cattle and bison. Deviations from the brucellosis classification criteria as provided in this definition of official test are acceptable when made by the designated epidemiologist. (i) The designated epidemiologist may consider the results of CITE ® tests when evaluating the results of standard card tests of cattle and bison. (b) Classification of swine Standard card test. brucella (2) Standard tube test. (i) If all of the following apply: (A) The swine are part of a herd not known to be affected; (B) No swine tested, individually or as part of a group, has a complete agglutination reaction at a dilution of 1:100 or higher; and (C) the swine are tested as part of a herd blood test or are part of a validated brucellosis-free herd, then the swine are classified according to the following agglutination reactions: Titer Classification 1:25 1:50 1:100 I ]— − Negative. + − − Do. + I − Do. + + − Do. + + I Do. − No agglutination. I Incomplete agglutination. + Complete agglutination. (ii) If any of the following apply: (A) The swine are part of a herd known to be affected; (B) Any swine tested, individually or as part of a group, has a complete agglutination reaction at a dilution of 1:100 or higher or; (C) The swine are not part of a validated brucellosis-free herd and are not being tested as part of a herd blood test, then the swine are classified according to the following agglutination reactions: Titer Classification 1:25 1:50 1:100 I − − Negative. + − − Reactor. + I − Do. + + − Do. + + I Do. + + + Do. − No agglutination. I Incomplete agglutination. + Complete agglutination. (3) Particle concentration fluoresence immunoassay (PCFIA). S/N Ratio Classification 0.71 or greater Negative. 0.51 to 0.70 Suspect. 0.50 or less Reactor. (4) Rapid Automated Presumptive (RAP) test. Brucella (5) Fluorescence polarization assay (FP assay). (6) The evaluation of test results for all swine shall be the responsibility of a designated epidemiologist in each State. The designated epidemiologist shall consider the animal and herd history and other epidemiologic factors when determining the brucellosis classification of swine. Deviations from the brucellosis classification criteria as provided in this definition of official test are acceptable when made by the designated epidemiologist. Official vaccinate. Official vaccination eartag. Originate. (1) They were born and maintained in the herd since birth; or (2) They have been in the herd for at least 120 days. (b) Animals will have the status of the State or area from which they are moved if: (1) They were born and maintained in the State or area since birth; or (2) They were previously moved from a State or area of equal or higher class to the State or area; or (3) They were previously moved from a State or area of lower class to the State or area where they are now located and have been in the new State or area for at least 120 days. (c) Cattle or bison penned in a specifically approved stockyard with cattle or bison from a lower class State or area, in violation of the requirements set forth in § 71.20 of this chapter, shall have the status of the State or area of lower class for any subsequent movement. Parturient. Permit. Permit for entry. Person. Postparturient. Purebred registry association. Qualified herd Qualification. (2) Any certified brucellosis-free herd in a quarantined area which is negative to a herd blood test 120 days before or after designation of the area as a quarantined area. (b) Requalification. Quarantined area. Quarantined feedlot. 1 1 (a) All cattle and bison, except steers and spayed heifers, leaving the quarantined feedlot must (1) Be accompanied by a permit and move directly to a recognized slaughtering establishment; or (2) Be “S” branded and accompanied by an “S” brand permit and move directly to an approved intermediate handling facility and then directly to another quarantined feedlot or a recognized slaughtering establishment; or (3) Be accompanied by a permit issued by the State animal health official and move directly to another quarantined feedlot; or (4) After being “S” branded at the quarantined feedlot, be accompanied by an “S” brand permit and move directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and bison and then directly to a recognized slaughtering establishment or another quarantined feedlot; or (5) After being “S” branded at the quarantined feedlot, be accompanied by an “S” brand permit and move directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and bison and then directly to an approved intermediate handling facility and then directly to another quarantined feedlot or a recognized slaughtering establishment. However, finished fed cattle moving directly to a recognized slaughtering establishment are exempt from the permit/”S” brand permit requirement. (b) The State animal health official and the Veterinarian in Charge shall establish procedures for accounting for all cattle and bison entering or leaving quarantined feedlots. Quarantined pasture. Recognized slaughtering establishment. et seq. et seq. Rodeo cattle. “S” branded. “S” brand permit. Sow. Specifically approved stockyard. 3 3 Federal Register. State. State animal health official. State representative. Successfully closed case. Swine brucellosis. Brucella suis B. suis Test-eligible cattle and bison. (a) Cattle and bison which are not official vaccinates and which have lost their first pair of temporary incisors (18 months of age or over), except steers and spayed heifers; (b) Official calfhood vaccinates 18 months of age or over which are parturient or postparturient; (c) Official calfhood vaccinates of beef breeds or bison with the first pair of permanent incisors fully erupted (2 years of age or over); and (d) Official calfhood vaccinates of dairy breeds with partial eruption of the first pair of permanent incisors (20 months of age or over). United States. United States Department of Agriculture backtag. Validated brucellosis-free herd. (b) A swine herd in a State that has not been validated as brucellosis-free, provided the herd meets the conditions for validation, as follows: (1) Validation. (2) Maintaining validation. Validated brucellosis-free State. (a) Any herd found to have swine brucellosis during the 2-year qualification period preceding the application has been depopulated. More than one finding of a swine brucellosis-infected herd during the qualification period disqualifies the State from validation as brucellosis-free; and (b) During the 2-year qualification period, the State has completed surveillance, annually, as follows: (1) Complete herd testing. (2) Market swine testing. (3) Statistical analysis. (c) To maintain validation, a State must annually survey at least 5 percent of its breeding swine, and demonstrate traceback to herd of origin of at least 80 percent of all MST reactors. A State must demonstrate its continuing ability to meet the criteria set forth in paragraph (c) of this definition within 36-40 months of receiving validated brucellosis-free State status to retain that status. Veterinarian in Charge. Whole herd vaccination. (Approved by the Office of Management and Budget under control number 0579-0047) [51 FR 32580, Sept. 12, 1986] Editorial Note: For Federal Register www.govinfo.gov. § 78.2 Handling of certificates, permits, and “S” brand permits for interstate movement of animals. (a) Any ICVI, other interstate movement document used in lieu of an ICVI, permit, or “S” brand permit required by this part for the interstate movement of animals shall be delivered to the person moving the animals by the shipper or shipper's agent at the time the animals are delivered for movement and shall accompany the animals to their destination and be delivered to the consignee or the person receiving the animals. (b) The APHIS representative, State representative, Tribal representative, or accredited veterinarian issuing an ICVI or other interstate movement document used in lieu of an ICVI or a permit, except for permits for entry and “S” brand permits, that is required for the interstate movement of animals under this part shall forward a copy of the ICVI, other interstate movement document used in lieu of an ICVI, or permit to the State animal health official of the State of origin within 5 working days. The State animal health official of the State of origin shall forward a copy of the ICVI, other interstate movement document used in lieu of an ICVI, or permit to the State animal health official of the State of destination within 5 working days. (Approved by the Office of Management and Budget under control number 0579-0047) [78 FR 2069, Jan. 9, 2013] § 78.3 Handling in transit of cattle and bison moved interstate. Cattle and bison moving interstate, except cattle and bison moved directly to a recognized slaughtering establishment, approved intermediate handling facility, or quarantined feedlot, shall be moved only in a means of conveyance which has been cleaned in accordance with §§ 71.5, 71.7, 71.10, and 71.11 of this chapter and, if unloaded in the course of such movement, shall be handled only in pens cleaned in accordance with the provisions of §§ 71.4, 71.7, 71.10, and 71.11 of this chapter. § 78.4 [Reserved] Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis § 78.5 General restrictions. Cattle may not be moved interstate except in compliance with this subpart and with 9 CFR part 86. Cattle moved interstate under permit in accordance with this subpart are not required to be accompanied by an interstate certificate of veterinary inspection or owner-shipper statement. [78 FR 2069, Jan. 9, 2013] § 78.6 Steers and spayed heifers. Steers and spayed heifers may be moved interstate in accordance with 9 CFR part 86 and without further restriction under this subpart. [78 FR 2069, Jan. 9, 2013] § 78.7 Brucellosis reactor cattle. (a) Destination. (1) Directly to a recognized slaughtering establishment; (2) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment; or (3) From a farm of origin directly to a specifically approved stockyard approved to receive brucellosis reactors and then (i) Directly to a recognized slaughtering establishment; or (ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment. (b) Identification. (1) “B” branded (as defined in § 78.1); or (2) Accompanied directly to slaughter by an APHIS or State representative; or (3) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit. (c) Permit. (d) Marking of records. (e) Segregation en route. (Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995] § 78.8 Brucellosis exposed cattle. Brucellosis exposed cattle may be moved interstate only as follows: (a) Movement to recognized slaughtering establishments. (i) Directly to a recognized slaughtering establishment without further restriction under this part; or (ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if accompanied by a permit or “S” brand permit. (2) Brucellosis exposed cattle may be moved interstate directly to a recognized slaughtering establishment if such cattle are: (i) Individually identified by an official eartag or a United States Department of Agriculture backtag; (ii) Accompanied by a permit or “S” brand permit; and (iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or (B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Accompanied directly to slaughter by an APHIS or State representative; or (E) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or “S” brand permit. (3) Brucellosis exposed cattle may be moved interstate directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are: (i) Individually identified by an official eartag or a United States Department of Agriculture backtag; (ii) Accompanied by a permit or “S” brand permit; and (iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or (B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or “S” brand permit. (4) Brucellosis exposed cattle moving to slaughter from a farm of origin may be moved directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and then directly to a recognized slaughtering establishment if such cattle are: (i) Individually identified by an official eartag or United States Department of Agriculture backtag; (ii) Accompanied by a permit or “S” brand permit; and (iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or (B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or “S” brand permit. (5) Brucellosis exposed cattle moving to slaughter from a farm of origin may be moved directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and then directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are: (i) Individually identified by an official eartag or United States Department of Agriculture backtag; (ii) Accompanied by a permit or “S” brand permit; and (iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or (B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or (C) Official adult vaccinates; or (D) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or “S” brand permit. (b) Movement to quarantined feedlots. (1) Individually identified by an official eartag or a United States Department of Agriculture backtag; (2) Accompanied by a permit or “S” brand permit; and (3)(i) “S” branded before leaving the premises from which they are to be moved interstate; or (ii) Official adult vaccinates; or (iii) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or “S” brand permit. (c) Movement other than in accordance with paragraphs (a) and (b) of this section. (1) Such brucellosis exposed cattle from herds known to be affected other than female cattle which originate in Class B States or areas or Class C States or areas may be moved interstate if the cattle are: (i) Under 6 months of age and weaned from brucellosis reactors or brucellosis exposed cows not less than 30 days immediately preceding interstate movement; or (ii) Under 6 months of age and nursing brucellosis exposed cows in a herd subjected to a herd blood test within 10 days prior to interstate movement; or (iii) Official vaccinates under 1 year of age from a herd following an approved individual herd plan. (2) Cattle moved interstate from a farm of origin directly to a specifically approved stockyard in accordance with § 78.9(b)(3)(iii), 78.9(c)(3)(iii), or 78.9(d)(3) of this part and subsequently determined to be brucellosis exposed may be moved interstate directly back to the farm of origin under the following conditions: (i) Prior to interstate movement, State representatives of the State in which the cattle are located and the State of destination advise APHIS that such movement would not be contrary to the laws and regulations of their respective States; (ii) Prior to interstate movement, the State representative of the State of destination agrees to quarantine the cattle on arrival and to require that all test-eligible cattle on the farm of origin be subjected to an official test; and (iii) The cattle are accompanied to the farm of origin by a permit. (Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 56 FR 54533, 54534, Oct. 22, 1991; 56 FR 65782, Dec. 18, 1991; 59 FR 67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995] § 78.9 Cattle from herds not known to be affected. Male cattle which are not test eligible and are from herds not known to be affected may be moved interstate without further restriction under this subpart. Female cattle which are not test eligible and are from herds not known to be affected may be moved interstate only in accordance with § 78.10 of this part and this section. Test-eligible cattle which are not brucellosis exposed and are from herds not known to be affected may be moved interstate only in accordance with § 78.10 and as follows: (a) Class Free States/areas. (1) Movement to recognized slaughtering establishments. (ii) Such cattle may be moved interstate from a farm of origin directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if accompanied by a permit. (iii) Such cattle may be moved interstate from other than a farm of origin directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are accompanied by a permit. (2) Movement to quarantined feedlots. (3) Movement other than in accordance with paragraphs and of this section. (i) Such cattle are moved interstate from a farm of origin directly to a specifically approved stockyard; or (ii) Such cattle are moved interstate as part of a commuter herd in accordance with a commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes. (iii) Such cattle are moved interstate accompanied by an ICVI which states, in addition to the items specified in § 78.1, that the cattle originated in a Class Free State or area. (b) Class A States/areas. (1) Movement to recognized slaughtering establishments. (ii) Such cattle may be moved interstate from a farm of origin directly to an approved intermediate handling facility without restriction under this subpart. (iii) Such cattle from other than a farm of origin or nonquarantined feedlot may be moved interstate directly to a recognized slaughtering establishment or directly to a specifically approved stockyard and then directly to a recognized slaughtering establishment if identity to the Class A State or area is maintained by means of identification tag numbers appearing on sale records showing the consignor or by penning cattle from the farm or State or area apart from other animals. (iv) Such cattle from other than a farm of origin may be moved interstate accompanied by a permit. (A) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment; or (B) Directly to a specifically approved stockyard and then directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment. (2) Movement to quarantined feedlots. (ii) Such cattle from other than a farm of origin may be moved interstate directly to a quarantined feedlot or directly to a specifically approved stockyard and then directly to a quarantined feedlot if identity to the Class A State or area is maintained by means of identification tag numbers appearing on sale records showing the consignor or by penning cattle from one farm or State or area apart from other animals. (3) Movement other than in accordance with paragraphs and of this section. (i) Such cattle originate in a certified brucellosis-free herd and are accompanied interstate by an ICVI which states, in addition to the items specified in § 78.1, that the cattle originated in a certified brucellosis-free herd; or (ii) Such cattle are negative to an official test within 30 days prior to such interstate movement and are accompanied interstate by an ICVI which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (iii) Such cattle are moved interstate from a farm of origin directly to a specifically approved stockyard and are subjected to an official test upon arrival at the specifically approved stockyard prior to losing their identity with the farm of origin; or (iv) Such cattle are moved as part of a commuter herd in accordance with a commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes.. (c) Class B States/areas. (1) Movement to recognized slaughtering establishments. (ii) Such cattle may be moved interstate from a farm of origin directly to an approved intermediate handling facility without further restriction under this subpart. (iii) Such cattle may be moved interstate from a nonquarantined feedlot directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if they are accompanied by a permit or “S” brand permit. (iv) Such cattle may be moved interstate from a farm of origin or a nonquarantined feedlot directly to a specifically approved stockyard and then to a recognized slaughtering establishment if: (A) They are negative to an official test conducted at the specifically approved stockyard and are accompanied to slaughter by an ICVI or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are “S” branded at the specifically approved stockyard, accompanied by an “S” brand permit, and moved directly to a recognized slaughtering establishment; or (D) They are moved from the specifically approved stockyard accompanied by an “S” brand permit and in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (v) Such cattle may be moved interstate from a farm of origin or a nonquarantined feedlot directly to a specifically approved stockyard and then to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if: (A) They are negative to an official test conducted at the specifically approved stockyard and are accompanied by an “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the certified brucellosis-free herd is maintained, and they are accompanied by an “S” brand permit; or (C) They are “S” branded at the specifically approved stockyard, accompanied by an “S” brand permit, and moved directly to an approved intermediate handling facility; or (D) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (vi) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to a recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such interstate movement and are accompanied by an ICVI or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are “S” branded, accompanied by an “S” brand permit, and moved directly to a recognized slaughtering establishment; or (D) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or by an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (vii) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to an approved intermediate handling facility and then directly to a recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such interstate movement and are accompanied by a permit or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the certified brucellosis-free herd is maintained, and they are accompanied by an “S” brand permit; or (C) They are “S” branded, accompanied by an “S” brand permit, and moved directly to an approved intermediate handling facility; or (D) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (2) Movement to quarantined feedlots. (A) A quarantined feedlot if such cattle are “S” branded upon arrival at the quarantined feedlot; or (B) A specifically approved stockyard and then directly to a quarantined feedlot or directly to an approved intermediate handling facility and then directly to a quarantined feedlot, if the cattle are “S” branded upon arrival at the specifically approved stockyard and are accompanied to the quarantined feedlot by an “S” brand permit; or (C) An approved intermediate handling facility and then directly to a quarantined feedlot, if the cattle are “S” branded upon arrival at the approved intermediate handling facility and are accompanied to the quarantined feedlot by an “S” brand permit; or (D) A quarantined feedlot, a specifically approved stockyard and then directly to a quarantined feedlot, or an approved intermediate handling facility and then directly to a quarantined feedlot if the cattle are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (ii) Such cattle from other than a farm of origin may be moved interstate to a quarantined feedlot if: (A) They are negative to an official test within 30 days prior to such movement and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They are “S” branded, accompanied by an “S” brand permit, and moved directly to a quarantined feedlot; or (C) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (3) Movement other than in accordance with paragraphs and of this section. (i) Such cattle originate in a certified brucellosis-free herd and are accompanied interstate by an ICVI which states, in addition to the items specified in § 78.1, that the cattle originated in a certified brucellosis-free herd; or (ii) Such cattle are negative to an official test within 30 days prior to interstate movement, have been issued a permit for entry, and are accompanied interstate by an ICVI which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (iii) Such cattle are moved interstate from a farm of origin directly to a specifically approved stockyard and are subjected to an official test upon arrival at the specifically approved stockyard prior to losing their identity with the farm of origin; or (iv) Such cattle are moved interstate as part of a commuter herd in accordance with a commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes, and (A) The cattle being moved originate from a herd in which: ( 1 ( 2 ( 3 (B) The cattle are accompanied interstate by a document which states the dates and results of the herd blood test and the name of the laboratory in which the official tests were conducted. (v) The State animal health officials of the State of origin and State of destination may waive the requirements of paragraph (c)(3)(iv) of this section in writing. (d) Class C States/areas. (1) Movement to recognized slaughtering establishments. (ii) Such cattle may be moved interstate from a farm of origin directly to an approved intermediate handling facility without further restriction under this subpart. (iii) Such cattle may be moved interstate from a nonquarantined feedlot directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if they are accompanied by a permit or “S” brand permit. (iv) Such cattle may be moved interstate from a farm of origin or a nonquarantined feedlot directly to a specifically approved stockyard and then to a recognized slaughtering establishment if: (A) They are negative to an official test conducted at the specifically approved stockyard and are accompanied by an ICVI or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are “S” branded at the specifically approved stockyard, accompanied by an “S” brand permit, and moved directly to a recognized slaughtering establishment; or (D) They are moved from the specifically approved stockyard accompanied by an “S” brand permit and in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (v) Such cattle may be moved interstate from a farm of origin or a nonquarantined feedlot directly to a specifically approved stockyard and then to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if: (A) They are negative to an official test conducted at the specifically approved stockyard and are accompanied by an “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the certified brucellosis-free herd is maintained, and they are accompanied by an “S” brand permit; or (C) They are “S” branded at the specifically approved stockyard, accompanied by an “S” brand permit, and moved directly to an approved intermediate handling facility; or (D) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (vi) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to a recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such interstate movement and are accompanied by an ICVI or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd and identity to the certified brucellosis-free herd is maintained; or (C) They are “S” branded, accompanied by an “S” brand permit, and moved directly to a recognized slaughtering establishment; or (D) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, a State representative, an accredited veterinarian, or by an individual authorized for this purpose by the APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (vii) Such cattle from other than a farm of origin or a nonquarantined feedlot may be moved interstate to an approved intermediate handling facility and then directly to a recognized slaughtering establishment only if: (A) They are negative to an official test within 30 days prior to such interstate movement and are accompanied by a permit or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They originate from a certified brucellosis-free herd, identity to the certified brucellosis-free herd is maintained, and they are accompanied by an “S” brand permit; or (C) They are “S” branded, accompanied by an “S” brand permit, and moved directly to an approved intermediate handling facility; or (D) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (2) Movement to quarantined feedlots. (A) A quarantined feedlot if such cattle are “S” branded upon arrival at the quarantined feedlot; or (B) A specifically approved stockyard and then directly to a quarantined feedlot, or directly to an approved intermediate handling facility and then directly to a quarantined feedlot, if the cattle are “S” branded upon arrival at the specifically approved stockyard and are accompanied to the quarantined feedlot by an “S” brand permit; or (C) An approved intermediate handling facility and then directly to a quarantined feedlot, if the cattle are “S” branded upon arrival at the approved intermediate handling facility and are accompanied to the quarantined feedlot by an “S” brand permit; or (D) A quarantined feedlot, a specifically approved stockyard and then directly to a quarantined feedlot, or an approved intermediate handling facility and then directly to a quarantined feedlot if the cattle are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (ii) Such cattle from other than a farm of origin may be moved interstate to a quarantined feedlot if: (A) They are negative to an official test within 30 days prior to such movement and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (B) They are “S” branded, accompanied by an “S” brand permit, and moved directly to a quarantined feedlot; or (C) They are accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying “S” brand permit. (3) Movement other than in accordance with paragraphs (d)(1) or (2) of this section. (Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 56 FR 54533, 54534, Oct. 22, 1991; 56 FR 58638, Nov. 21, 1991; 59 FR 67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995; 78 FR 2069, Jan. 9, 2013] § 78.10 Official vaccination of cattle moving into and out of Class B and Class C States or areas. (a) Female dairy cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move interstate into or out of a Class B State or area 4 4 (b) Female cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move into a Class C State or area 4 (c) Female cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move interstate out of a Class C State or area 4 [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1926, Jan. 18, 1989; 56 FR 58638, Nov. 21, 1991] § 78.11 Cattle moved to a specifically approved stockyard not in accordance with this part. Cattle, except brucellosis reactors and brucellosis exposed cattle, which are moved interstate to a specifically approved stockyard but fail to comply with the requirements of this part for release from the specifically approved stockyard may be moved from the specifically approved stockyard only as follows: (a) With the concurrence of the State animal health officials of the State of origin and State of destination, directly back to the farm of origin accompanied by a permit; or (b) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment if such cattle are “S” branded and accompanied by an “S” brand permit; or (c) Directly to a recognized slaughtering establishment if such cattle are (1) “S” branded and accompanied by an “S” brand permit; or (2) Accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, an accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the “S” brand permit; or (d) Directly to a quarantined feedlot if such cattle are “S” branded and accompanied by an “S” brand permit. (Approved by the Office of Management and Budget under control number 0579-0047) [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 56 FR 58638, 58639, Nov. 21, 1991] § 78.12 Cattle from quarantined areas. Not withstanding any provisions in the regulations to the contrary, cattle may be moved interstate from a quarantined area only in accordance with § 78.10, 9 CFR part 86, and this section. (a) Steers and spayed heifers. (b) Brucellosis reactor cattle. (c) Brucellosis exposed cattle. (d) Movement from qualified herds. (1) Movement to recognized slaughtering establishments. (ii) Cattle from qualified herds in a quarantined area may be moved interstate from a farm of origin directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment if they are negative to an official test within 30 days prior to such interstate movement and are accompanied by an “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (iii) Cattle from qualified herds in a quarantined area may be moved interstate from a farm of origin directly to a specifically approved stockyard and then directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment if they are negative to an official test within 30 days prior to such interstate movement and are accompanied by a permit or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (iv) Cattle from qualified herds in a quarantined area may be moved interstate in accordance with § 78.8(a). (2) Movement to quarantined feedlots. (ii) Cattle from qualified herds in a quarantined area may be moved in accordance with § 78.8(b). (3) Movement other than in accordance with paragraph or of this section. (i) The cattle, except official vaccinates less than 1 year of age and cattle less than 6 months of age, are negative to an official test within 30 days prior to such interstate movement; and (ii) The cattle are accompanied interstate by an ICVI which states, in addition to the items specified in § 78.1, the test dates and results of the official tests when such tests are required. (e) Movement from herds which are not qualified. 5 5 (Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58638, Nov. 21, 1991; 59 FR 67133, Dec. 29, 1994; 78 FR 2070, Jan. 9, 2013] § 78.13 Other movements. The Administrator may, upon request in specific cases, permit the interstate movement of cattle not otherwise provided for in this subpart, under such conditions as the Administrator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] § 78.14 Rodeo cattle. (a) Rodeo cattle that are test-eligible and that are from a herd not known to be affected may be moved interstate if: (1) They are classified as brucellosis negative based upon an official test conducted less than 365 days before the date of interstate movement: Provided, however, That: (2) The cattle are identified with an official eartag or any other official identification device or method approved by the Administrator in accordance with § 78.5; (3) There is no change of ownership since the date of the last official test; (4) An ICVI accompanies each interstate movement of the cattle; and (5) A permit for entry is issued for each interstate movement of the cattle. (b) Cattle that would qualify as rodeo cattle, but that are used for breeding purposes during the 365 days following the date of being tested, may be moved interstate only if they meet the requirements for cattle in this subpart and in 9 CFR part 86. (Approved by the Office of Management and Budget under control number 0579-0047) [78 FR 2070, Jan. 9, 2013] §§ 78.15-78.19 [Reserved] Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis § 78.20 General restrictions. Bison may not be moved interstate except in compliance with this subpart and with 9 CFR part 86. [51 FR 32580, Sept. 12, 1986, as amended at 78 FR 2070, Jan. 9, 2013] § 78.21 Bison steers and spayed heifers. Bison steers and spayed heifers may be moved interstate without further restriction under this subpart. [51 FR 32580, Sept. 12, 1986, as amended at 78 FR 2070, Jan. 9, 2013] § 78.22 Brucellosis reactor bison. (a) Destination. (1) Directly to a recognized slaughtering establishment; (2) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment; or (3) From a farm of origin directly to a specifically approved stockyard approved to receive brucellosis reactors and then (i) Directly to a recognized slaughtering establishment; or (ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment. (b) Identification. (1) “B” branded (as defined in § 78.1); or (2) Accompanied directly to slaughter by an APHIS or State representative; or (3) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit. (c) Permit. (d) Marking of records. (e) Segregation en route. (Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995] § 78.23 Brucellosis exposed bison. Brucellosis exposed bison may be moved interstate only as follows: (a) Movement to recognized slaughtering establishments. (1) Directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment; or (2) From a farm of origin directly to a specifically approved stockyard approved to receive brucellosis exposed bison and then (i) Directly to a recognized slaughtering establishment; or (ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment. (b) Movement to quarantined feedlots. (c) Movement other than in accordance with paragraphs (a) or (b) of this section. (1) Are under 6 months of age and were weaned from brucellosis reactor or brucellosis exposed bison not less than 30 days immediately preceding interstate movement; or (2) Are under 6 months of age and nursing brucellosis exposed bison in a herd subjected to a herd blood test within 10 days prior to interstate movement; or (3) Are official vaccinates under 1 year of age from a herd following an approved individual herd plan. (Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 78 FR 2070, Jan. 9, 2013] § 78.24 Bison from herds not known to be affected. Bison from herds not known to be affected may be moved interstate only as follows: (a) Movement to recognized slaughtering establishments. (b) Movement to quarantined feedlots. (c) Movement from public zoo to public zoo. (d) Movement other than in accordance with paragraphs (a), (b), or (c) of this section. (1) Such bison under 6 months of age may be moved interstate when accompanied by an ICVI. (2) Such bison which are official vaccinates under 2 years of age and are not parturient or postparturient may be moved interstate when accompanied by an ICVI. (3) Such bison may be moved interstate if they are negative to an official test within 30 days prior to such movement and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, the dates and results of the official tests. (4) Such bison may be moved interstate if they originate in a certified brucellosis-free herd and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, that the bison originated in a certified brucellosis-free herd. (Approved by the Office of Management and Budget under control number 0579-0047) [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58639, Nov. 21, 1991; 78 FR 2070, Jan. 9, 2013] § 78.25 Other movements. The Administrator may, upon request in specific cases, permit the interstate movement of bison not otherwise provided for in this subpart, under such conditions as the Administrator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] §§ 78.26-78.29 [Reserved] Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis § 78.30 General restrictions. (a) Brucellosis reactor swine, brucellosis exposed swine, feral swine, sows, and boars may not be moved interstate or in interstate commerce except in compliance with this subpart. (b) Each person who causes the movement of swine in interstate commerce is responsible for the identification of the swine as required by this subpart. No such person shall remove or tamper with or cause the removal of or tampering with an identification tattoo or approved swine identification tag required in this subpart except at the time of slaughter, or as may be authorized by the Administrator upon request in specific cases and under such conditions as the Administrator may impose to ensure continuing identification. (c)(1) Feral swine may be moved interstate directly to slaughter if they do not come into physical contact with any domestic swine or other livestock. (2) Feral swine from monitored-negative populations may be moved interstate other than directly to slaughter if accompanied by a permit issued by the APHIS representative or the State animal health official in the State of origin. (3) Feral swine found negative to an official test within the 30 days prior to the interstate movement may be moved interstate other than directly to slaughter if accompanied by a permit issued by the APHIS representative or the State animal health official in the State of origin. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 59 FR 18952, Apr. 21, 1994] § 78.31 Brucellosis reactor swine. (a) Destination. (1) Directly to a recognized slaughtering establishment; or (2) Directly to a stockyard posted under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. (b) Identification. (c) Permit. (d) Marking of records. (e) Segregation en route. (Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994] § 78.32 Brucellosis exposed swine. (a) Brucellosis exposed swine may be moved interstate only if accompanied by a permit and only for immediate slaughter as follows: (1) Directly to a recognized slaughtering establishment; or (2) Directly to a stockyard posted under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. (b) Brucellosis exposed swine from a herd known to be affected with brucellosis may be moved interstate from the herd known to be affected only if such swine are individually identified by attaching to the left ear a metal tag bearing a serial number and the inscription, “U.S. Reactor,” or a metal tag bearing a serial number designated by the State animal health official for identifying brucellosis reactors. (Approved by the Office of Management and Budget under control number 0579-0051) [59 FR 12533, Mar. 17, 1994, as amended at 59 FR 67133, Dec. 29, 1994] § 78.33 Sows and boars. (a) Sows and boars may be moved in interstate commerce for slaughter or for sale for slaughter if they are identified in accordance with § 71.19 of this chapter either: (1) Before being moved in interstate commerce and before being mixed with swine from any other source; or (2) After being moved in interstate commerce but before being mixed with swine from any other source only if they have been moved directly from their herd of origin to: (i) A recognized slaughtering establishment; or (ii) A stockyard, market agency, or dealer operating under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. (b) Sows and boars may be moved in interstate commerce for breeding only if they are identified in accordance with § 71.19 of this chapter before being moved in interstate commerce and before being mixed with swine from any other source, and the sows and boars either: (1) Are from a validated brucellosis-free herd or a validated brucellosis-free State and are accompanied by a certificate that states, in addition to the items specified in § 78.1, that the swine originated in a validated brucellosis-free herd or a validated brucellosis-free State; or (2) Have tested negative to an official test conducted within 30 days prior to interstate movement and are accompanied by a certificate that states, in addition to the items specified in § 78.1, the dates and results of the official tests. (c) Sows and boars may be moved in interstate commerce for purposes other than slaughter or breeding without restriction under this subpart if they are identified in accordance with § 71.19 of this chapter. [62 FR 27936, May 22, 1997] § 78.34 Other movements. The Administrator may, upon request in specific cases, permit the movement in interstate commerce of swine not otherwise provided for in this subpart under such conditions as the Administrator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] §§ 78.35-78.39 [Reserved] Subpart E—Designation of Brucellosis Areas § 78.40 Designation of States/areas. The Administrator may amend §§ 78.41 and 78.42 to reclassify States and areas as Class Free, Class A, Class B, Class C, or quarantined when the Administrator determines that the States or areas meet the appropriate definitions in § 78.1. The Administrator may approve the division of a State into two brucellosis classification areas upon finding that: (a) The State has legislative and regulatory authority for maintaining separate areas; (b) The State has committed resources to enforcing the different requirements in each area; (c) The State has an effective method for monitoring and controlling movement of cattle across the intrastate boundary; (d) The State has defined the intrastate boundary by county lines or by recognizable geographic features, such as rivers and highways; and (e) Each area of the State meets the standards for the brucellosis classification requested. The Administrator may amend § 78.43 to reclassify States as validated brucellosis-free States or remove such status when the Administrator determines that such States meet or do not meet the standards of a validated brucellosis-free State as defined in § 78.1. In the case of any reclassification to a lower class, reclassification as a quarantined State or area, or removal of validated brucellosis-free status, the State animal health official of the State involved will be notified of such reclassification or removal, and will be given an opportunity to present objections and arguments to the Administrator prior to the reclassification or removal taking place. [51 FR 32580, Sept. 12, 1986, as amended at 53 FR 2222, Jan. 27, 1988; 56 FR 54533, Oct. 22, 1991; 56 FR 55803, Oct. 30, 1991] § 78.41 State/area classification. (a) Class Free. (b) Class A. (c) Class B. [51 FR 32580, Sept. 12, 1986] Editorial Note: For Federal Register www.govinfo.gov. § 78.42 Quarantined areas. None. § 78.43 Validated brucellosis-free States. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, Wyoming. [53 FR 4382, Feb. 16, 1988; 53 FR 21979, June 13, 1988] Editorial Note: For Federal Register www.govinfo.gov.