PART 86—ANIMAL DISEASE TRACEABILITY Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. Source: 78 FR 2071, Jan. 9, 2013, unless otherwise noted. § 86.1 Definitions. Animal identification number (AIN). Approved livestock facility. Approved tagging site. Commuter herd. Commuter herd agreement. Covered livestock. Dairy cattle. Directly. Flock-based number system. Flock identification number (FIN). Group/lot identification number (GIN). 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 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. Interstate movement. Livestock. Location-based numbering system. Location identification (LID) number. Move. National Uniform Eartagging System (NUES). Official Animal Identification Device Standards (OAIDS). Federal Register Official eartag. Official eartag shield. Official identification device or method. Official identification number. (1) National Uniform Eartagging System (NUES). (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. Owner-shipper statement. Person. Premises identification number (PIN). Recognized slaughtering establishment. et seq. (21 U.S.C. 451 et seq. United States Department of Agriculture (USDA) approved backtag. (Approved by the Office of Management and Budget under control number 0579-0327) [78 FR 2071, Jan. 9, 2013, as amended at 89 FR 39564, May 9, 2024] § 86.2 General requirements for traceability. (a) The regulations in this part apply only to covered livestock, as defined in § 86.1. (b) No person may move covered livestock interstate or receive such livestock moved interstate unless the livestock meet all applicable requirements of this part. (c) The regulations in this part will apply to the movement of covered livestock onto and from Tribal lands only when the movement is an interstate movement; i.e. (d) In addition to meeting all applicable requirements of this part, all covered livestock moved interstate must be moved in compliance with all applicable provisions of APHIS program disease regulations (subchapter C of this chapter). (e) The interstate movement requirements in this part do not apply to the movement of covered livestock if: (1) The movement occurs entirely within Tribal land that straddles a State line and the Tribe has a separate traceability system from the States in which its lands are located; or (2) The movement is to a custom slaughter facility in accordance with Federal and State regulations for preparation of meat. (Approved by the Office of Management and Budget under control number 0579-0327) [78 FR 2071, Jan. 9, 2013, as amended at 89 FR 39564, May 9, 2024] § 86.3 Recordkeeping requirements. (a) Any State, Tribe, accredited veterinarian, or other person or entity who distributes official identification devices must maintain for 5 years a record of the names and addresses of anyone to whom the devices were distributed. Official identification device distribution records must be entered by the person distributing the devices into the Tribal, State, Federal, or other database acceptable to each government entity. Additional guidance on meeting these recordkeeping requirements is found in the OAIDS. (b) Records of official identification devices applied by a federally accredited veterinarian to a client animal must be kept in a readily accessible record system. (c) Approved livestock facilities must keep any ICVIs or alternate documentation that is required by this part for the interstate movement of covered livestock that enter the facility on or after March 11, 2013. For poultry and swine, such documents must be kept for at least 2 years, and for cattle and bison, sheep and goats, cervids, and equids, 5 years. (d) Records required under paragraphs (a) through (c) of this section must be maintained by the responsible person or entity and must be of sufficient accuracy, quality, and completeness to demonstrate compliance with all conditions and requirements under this part. During normal business hours, APHIS must be allowed access to all records, to include visual inspection and reproduction ( e.g., (Approved by the Office of Management and Budget under control number 0579-0327) [89 FR 39564, May 9, 2024] § 86.4 Official identification. (a) Official identification devices and methods. (1) Cattle and bison. (i) For an official eartag, beginning November 5, 2024, all official eartags sold for or applied to cattle and bison must be readable both visually and electronically (EID); (ii) Brands registered with a recognized brand inspection authority and accompanied by an official brand inspection certificate, when agreed to by the shipping and receiving State or Tribal animal health authorities; or (iii) Tattoos and other identification methods acceptable to a breed association for registration purposes, accompanied by a breed registration certificate, when agreed to by the shipping and receiving State or/Tribal animal health authorities; or (iv) Group/lot identification when a group/lot identification number (GIN) may be used. (2) Horses and other equine species. (i) A description sufficient to identify the individual equid including, but not limited to, name, age, breed, color, gender, distinctive markings, and unique and permanent forms of identification when present (e.g., brands, tattoos, scars, cowlicks, blemishes or biometric measurements). When the identity of the equid is in question at the receiving destination, the State or Tribal animal health official in the State or Tribe of destination or APHIS representative may determine if the description provided is sufficient; or (ii) Electronic identification that complies with ISO 11784/11785; or (iii) Non-ISO electronic identification injected into the equid on or before March 11, 2014; or (iv) Digital photographs sufficient to identify the individual equid; or (v) For equids being commercially transported to slaughter, a device or method authorized by 88 of this chapter. (3) Poultry. (i) Sealed and numbered leg bands in the manner referenced in the National Poultry Improvement Plan regulations (parts 145 through 147 of this chapter); or (ii) Group/lot identification when a group/lot identification number (GIN) may be used. (4) Sheep and goats. (5) Swine. (6) Captive cervids. (b) Official identification requirements for interstate movement Cattle and bison. (A) The cattle and bison are moved as a commuter herd with a copy of the commuter herd agreement or other documents as agreed to by the shipping and receiving States or Tribes. If any of the cattle or bison are shipped to a State or Tribe not included in the commuter herd agreement or other documentation, then these cattle or bison must be officially identified and documented to the original State of origin. (B) The cattle and bison are moved directly from a location in one State through another State to a second location in the original State. (C) The cattle and bison are moved interstate directly to an approved tagging site and are officially identified before commingling with cattle and bison from other premises or identified by the use of backtags or other methods that will ensure that the identity of the animal is accurately maintained until tagging so that the official eartag can be correlated to the person responsible for shipping the animal to the approved tagging site. (D) The cattle and bison are moved between shipping and receiving States or Tribes with another form of identification, as agreed upon by animal health officials in the shipping and receiving States or Tribes. (ii) Cattle and bison may also be moved interstate without official identification if they are moved directly to a recognized slaughtering establishment or directly to no more than one approved livestock facility and then directly to a recognized slaughtering establishment, where they are harvested within 3 days of arrival; and (A) They are moved interstate with a USDA-approved backtag; or (B) A USDA-approved backtag is applied to the cattle or bison at the recognized slaughtering establishment or federally approved livestock facility. (C) If a determination to hold the cattle or bison for more than 3 days is made after the animals arrive at the slaughter establishment, the animals must be officially identified in accordance with § 86.4(d)(4)(ii). (D) Cattle and bison leaving a slaughter establishment may only be moved to another recognized slaughter establishment or approved feedlot and can only be sold/re-sold as slaughter cattle, and they must be accompanied by an owner-shipper statement in accordance with § 86.5(c)(1). Information listed on the document must include the name and address of the slaughter establishment from which the animals left, the official identification numbers, as defined in § 86.1, correlated with the USDA backtag number (if available), the name of the destination slaughter establishment, or approved feedlot (as defined in § 77.5 of this subchapter) to which the animals are being shipped. (iii) Beginning on March 11, 2013, all cattle and bison listed below are subject to the official identification requirements of this section: (A) All sexually intact cattle and bison 18 months of age or over; (B) All dairy cattle; (C) Cattle and bison of any age used for rodeo or recreational events; and (D) Cattle and bison of any age used for shows or exhibitions. (2) Sheep and goats. (3) Swine. (4) Horses and other equids. (i) They are used as the mode of transportation (horseback, horse and buggy) for travel to another location and then return direct to the original location. (ii) They are moved from the farm or stable for veterinary medical examination or treatment and returned to the same location without change in ownership. (iii) They are moved directly from a location in one State through another State to a second location in the original State. (iv) They are moved between shipping and receiving States or Tribes with another form of identification as agreed upon by animal health officials in the shipping and receiving States or Tribes. (5) Poultry. (i) The shipment of poultry is from a hatchery to a redistributor or poultry grower and the person responsible for receiving the shipment maintains a record of the supplier; or (ii) The shipment is from a redistributor to a poultry grower and the person responsible for receiving the chicks maintains a record of the supplier of the chicks; or (iii) The poultry are identified as agreed upon by the States or Tribes involved in the movement. (6) Captive cervids. (c) Use of more than one official eartag. (1) Another official eartag may be applied providing it bears the same official identification number as an existing one. (2) In specific cases when the need to maintain the identity of an animal is intensified (e.g., such as for export shipments, quarantined herds, field trials, experiments, or disease surveys), a State or Tribal animal health official or an area veterinarian in charge may approve the application of an additional official eartag to an animal that already has one or more. The person applying the additional official eartag must record the following information about the event and maintain the record for 5 years: The date the additional official eartag is added; the reason for the additional official eartag device; and the official identification numbers of both the new official eartag and the one(s) already attached to the animal. (3) A visually and electronically readable eartag may be applied to an animal that is already officially identified with one or more non-EID official eartags and/or a non-EID official vaccination eartag used for brucellosis. The person applying the new visually and electronically readable eartag must record the date the eartag is applied to the animal and the official identification numbers of both official eartags and must maintain those records for 5 years. (d) Removal or loss of official identification devices. (2) All man-made identification devices affixed to covered livestock unloaded at slaughter plants after moving interstate must be removed at the slaughter facility by slaughter-facility personnel with the devices correlated with the animal and its carcass through final inspection or condemnation by means approved by the Food Safety Inspection Service (FSIS). If diagnostic samples are taken, the identification devices must be packaged with the samples and be correlated with the carcasses through final inspection or condemnation by means approved by FSIS. Devices collected at slaughter must be made available to APHIS and FSIS by the slaughter plant. (3) All official identification devices affixed to covered livestock carcasses moved interstate for rendering must be removed at the rendering facility and made available to APHIS. (4) If an animal loses an official identification device and needs a new one: (i) A replacement tag with a different official identification number may be applied. The person applying a new official identification device with a different official identification number must record the following information about the event and maintain the record for 5 years: The date the new official identification device was added; the official identification number on the device; and the official identification number on the old device if known. (ii) Replacement of a temporary identification device with a new official identification device is considered to be a retagging event, and all applicable information must be maintained in accordance with paragraph (d)(4)(i) of this section. (iii) A duplicate replacement eartag with the official number of the lost tag may be applied in accordance with APHIS' protocol for the administration of such tags. (e) Replacement of official identification devices for reasons other than loss. (i) Deterioration of the device such that loss of the device appears likely or the number can no longer be read; (ii) Infection at the site where the device is attached, necessitating application of a device at another location (e.g., a slightly different location of an eartag in the ear); (iii) Malfunction of the electronic component of an electronically readable (EID) device; or (iv) Incompatibility or inoperability of the electronic component of an EID device with the management system or unacceptable functionality of the management system due to use of an EID device. (2) Any time an official identification device is replaced, as authorized by the State or Tribal animal health official or area veterinarian in charge, the person replacing the device must record the following information about the event and maintain the record for 5 years: (i) The date on which the device was removed; (ii) Contact information for the location where the device was removed; (iii) The official identification number (to the extent possible) on the device removed; (iv) The type of device removed (e.g., metal eartag, RFID or other EID eartag); (v) The reason for the removal of the device; (vi) The new official identification number on the replacement device; and (vii) The type of replacement device applied. (f) Sale or transfer of official identification devices. (Approved by the Office of Management and Budget under control number 0579-0327) [78 FR 2071, Jan. 9, 2013, as amended at 89 FR 39565, May 9, 2024] § 86.5 Documentation requirements for interstate movement of covered livestock. (a) Responsible persons and required documentation. (b) Forwarding of documents. (2) The animal health official or accredited veterinarian issuing or receiving an ICVI or other interstate movement document in accordance with paragraph (b)(1) of this section must keep a copy of the ICVI or alternate documentation. For poultry and swine, such documents must be kept for at least 2 years, and for cattle and bison, sheep and goats, cervids, and equine species, 5 years. (c) Cattle and bison. (1) They are moved directly to a recognized slaughtering establishment, or directly to an approved livestock facility and then directly to a recognized slaughtering establishment, and they are accompanied by an owner-shipper statement. (2) They are moved directly to an approved livestock facility with an owner-shipper statement and do not move interstate from the facility unless accompanied by an ICVI. (3) They are moved from the farm of origin for veterinary medical examination or treatment and returned to the farm of origin without change in ownership. (4) They are moved directly from one State through another State and back to the original State. (5) They are moved as a commuter herd with a copy of the commuter herd agreement or other document, as agreed to by the States or Tribes involved in the movement. (6) Additionally, cattle and bison may be moved between shipping and receiving States or Tribes with documentation other than an ICVI, e.g., (7) The official identification number of cattle or bison must be recorded on the ICVI or alternate documentation unless: (i) The cattle or bison are moved from an approved livestock facility directly to a recognized slaughtering establishment; or (ii) The cattle and bison are sexually intact cattle or bison under 18 months of age or steers or spayed heifers; except that this paragraph (c)(7)(ii) does not apply to dairy cattle of any age or to cattle or bison used for rodeo, exhibition, or recreational purposes. (d) Horses and other equine species. (1) They are used as the mode of transportation (horseback, horse and buggy) for travel to another location and then return direct to the original location; or (2) They are moved from the farm or stable for veterinary medical examination or treatment and returned to the same location without change in ownership; or (3) They are moved directly from a location in one State through another State to a second location in the original State. (4) Additionally, equids may be moved between shipping and receiving States or Tribes with documentation other than an ICVI, e.g., (5) Equids moving commercially to slaughter must be accompanied by documentation in accordance with part 88 of this subchapter. Equine infectious anemia reactors moving interstate must be accompanied by documentation as required by part 75 of this subchapter. (e) Poultry. (1) They are from a flock participating in the National Poultry Improvement Plan (NPIP) and are accompanied by the documentation required under the NPIP regulations (parts 145 through 147 of this chapter) for participation in that program; or (2) They are moved directly to a recognized slaughtering or rendering establishment; or (3) They are moved from the farm of origin for veterinary medical examination, treatment, or diagnostic purposes and either returned to the farm of origin without change in ownership or euthanized and disposed of at the veterinary facility; or (4) They are moved directly from one State through another State and back to the original State; or (5) They are moved between shipping and receiving States or Tribes with a VS Form 9-3 or documentation other than an ICVI, as agreed upon by animal health officials in the shipping and receiving States or Tribes; or (6) They are moved under permit in accordance with part 82 of this subchapter. (f) Sheep and goats. (g) Swine. (h) Captive cervids. (Approved by the Office of Management and Budget under control number 0579-0327) [89 FR 39565, May 9, 2024] §§ 86.6-86.7 [Reserved] § 86.8 Preemption. State, Tribal, and local laws and regulations may not specify an official identification device or method that would have to be used if multiple devices or methods may be used under this part for a particular species, nor may the State or Tribe of destination impose requirements that would otherwise cause the State or Tribe from which the shipments originate to have to develop a particular kind of traceability system or change its existing system in order to meet the requirements of the State or Tribe of destination.