2321. Dangerous transmissible diseases
(a) Specific dangerous transmissible diseases.--The following transmissible diseases are dangerous transmissible diseases within the meaning of this chapter:
(1) Actinomycosis, an infectious disease of cattle and man caused by Actinomyces bovis.
(2) African horse sickness, an infectious disease of horses caused by a reovirus (AHSV).
(3) African swine fever, an infectious disease of swine caused by a virus (ASFV).
(4) Anaplasmosis, an infectious disease of cattle, deer and camelids caused by Anaplasma marginale.
(5) Anthrax, an infectious disease of animals and man caused by Bacillis anthracis.
(6) Avian influenza, an infectious disease of poultry caused by Type A. influenza virus.
(7) Babesiosis (piroplasmosis), an infectious disease of cattle, equidae, deer and bison caused by Babesia bigemina, Babesia bovis, Babesia equi or Babesia coballi.
(8) Blackleg, an infectious disease of ruminants caused by Clostridium chauvoei.
(9) Bluetongue, an infectious disease of cattle, sheep, goats and cervidae caused by an orbivirus (BTV).
(10) Bovine spongiform encephalopathy (BSE), an infectious disease of cattle caused by a protein-like agent.
(11) Bovine Virus Diarrhea -- type 2, an infectious disease of cattle caused by a virus (BVD).
(12) Brucellosis, an infectious disease of animals and man caused by Brucella abortus, Brucella suis, Brucella melitensis or Brucella ovis.
(13) Chlamydiosis (psittacosis), an infectious disease of birds and man caused by Chlamydia psittaci.
(14) Chronic respiratory disease of poultry (CRD), an infectious disease of poultry caused by Mycoplasma synoviae or Mycoplasma gallisepticum.
(15) Contagious equine metritis (CEM), an infectious disease of equine caused by Hemophilus equigenitalis.
(16) Contagious pleuropneumonia (CBPP), an infectious disease of cattle caused by Mycoplasma mycoides.
(17) Dourine, an infectious disease of equines caused by Trypanosoma equiperdum.
(18) Duck viral enteritis (DVE, duck plague), an infectious disease of ducks caused by a herpes virus (DVEV).
(19) Epizootic hemorrhagic disease (EHD), an infectious disease of cattle and deer caused by a virus (EHDV).
(20) Equine encephalitis, an infectious disease of equines and man caused by an alphavirus: Venezuelan (VEE), Western (WEE) or Eastern (EEE).
(21) Equine infectious anemia (EIA, swamp fever), an infectious disease of equines caused by a virus (EIAV).
(22) Foot and mouth disease (FMD), an infectious disease of cattle, sheep, goats, swine and deer caused by an aphthovirus (FMDV).
(23) Glanders, an infectious disease of horses caused by Pseudomonas mallei.
(24) Heartwater disease, an infectious disease of cattle caused by a rickettsia, Cowdria ruminatum.
(25) Hog cholera, an infectious disease of swine caused by a pestivirus (HCV).
(26) Listeriosis, an infectious disease of cattle, sheep and man caused by Listeria monocytogenes.
(27) Malignant catarrhal fever (MCF), an infectious disease of cattle caused by a virus (MCFV).
(28) Newcastle disease, an infectious disease of poultry caused by a virus.
(29) Paratuberculosis (Johnes disease), an infectious disease of cattle, sheep, goats and deer caused by Mycobacterium paratuberculosis.
(30) Pseudorabies, an infectious disease of swine, cattle, sheep, goats, dogs and cats caused by Herpesvirus suis.
(31) Psoroptic mange, an infectious disease of cattle and sheep caused by psoroptes mites.
(32) Rabies, an infectious disease of cattle, dogs, cats, sheep, horses and man caused by a virus.
(33) Rift Valley fever, an infectious disease of sheep caused by a virus (RVFV).
(34) Rinderpest, an infectious disease of ruminants and swine caused by a mobillivirus (RDV).
(35) Salmonellosis, an infection of animals and man caused by various Salmonella species: S. pullorum (poultry), S. typhimurium (cattle, equine and man), S. dublin (cattle and man), S. gallinarum (poultry) and S. cholerasuis (swine).
(36) Scrapie, an infectious disease of sheep and goats caused by a virus-like agent.
(37) Screwworm (miasis), a wound infection of animals and man caused by Cochliomyia hominivorox.
(38) Tuberculosis, an infectious disease of cattle, bison, sheep, goats, swine, horses, cervidae, camelids and man caused by Mycobacterium bovis, M. avium or M. tuberculosis.
(39) Vesicular exanthema, an infectious disease of swine, certain aquatic animals and man caused by a calicivirus (VEV).
(40) Vesicular stomatitis, an infectious disease of cattle, sheep and swine caused by a virus.
(b) Designation of additional dangerous transmissible diseases through regulation.--The department shall have the authority to promulgate regulations that designate other transmissible diseases to be dangerous transmissible diseases under this chapter if such other transmissible diseases present a danger to public health, to domestic animal health, to the safety or quality of the food supply or to the economic well-being of the domestic animal industries. The department shall also have the authority to withdraw the designation of a particular transmissible disease as a dangerous transmissible disease under this chapter if the transmissible disease no longer presents a danger to public health, to domestic animal health, to the safety or quality of the food supply or to the economic well-being of the domestic animal industries.
(c) Department of Health; notification and consultation.--The department shall inform the Department of Health of the outbreak of a domestic animal disease which may threaten human health and shall, in consultation with the Department of Health, determine the public health risk associated with the domestic animal disease outbreak and the appropriate action to manage such risk. Additions or deletions of domestic animal diseases of public health significance to or from the list of dangerous transmissible diseases shall be jointly determined by the department and the Department of Health.
(d) Designation of additional dangerous transmissible diseases through temporary order.--Upon the determination that a transmissible disease not listed in subsection (a), and not designated a dangerous transmissible disease through regulation under subsection (b), presents a danger to public health, to domestic animal health, to the safety or quality of the food supply or to the economic well-being of the domestic animal industries, the department shall issue a temporary order proclaiming that transmissible disease to be a dangerous transmissible disease within the meaning of this chapter. This chapter shall be applicable to that dangerous transmissible disease as of the date of actual or constructive notice of the order or any later date specified in that order. The department shall publish such an order in the Pennsylvania Bulletin within 20 days of its issuance. Publication in the Pennsylvania Bulletin shall effect constructive notice. The temporary order shall remain in effect for a period not to exceed one year, unless reissued, or until the transmissible disease is designated to be a dangerous transmissible disease through regulation under subsection (b), whichever occurs first.
(e) Regulations.--The department may establish regulations addressing the specific discovery, prevention, reporting, testing, control and eradication measures which it determines are necessary with respect to any dangerous transmissible disease.
2323. Health requirements
(a) Interstate and intrastate movement of domestic animals.--The department may establish identification and minimum health standards for the importation or the intrastate movement of domestic animals in this Commonwealth and may establish procedures for certification of the health status of domestic animals imported into or transported within this Commonwealth. If the department shall suspect the genuineness of any health certificate or official disease test report relating to domestic animals or shall question the competency of the person who shall have issued such report or certificate, the department may decline to accept the same and may refuse to permit the importation or intrastate movement of the domestic animals concerned unless a certificate or report is furnished from the proper inspector of the state or country of origin or USDA-APHIS-VS or unless the department shall otherwise determine.
(1) It shall be unlawful for any person to knowingly, recklessly or negligently import or bring into this Commonwealth without the written permission of the department any domestic animal that is contaminated with a hazardous substance or that is infected with or that has been exposed to any transmissible disease.
(2) It shall be unlawful for any person to knowingly, recklessly or negligently import or bring into this Commonwealth any domestic animal in violation of any of the provisions of this chapter, an order entered under authority of this chapter or any attendant regulation to prevent the introduction of any transmissible disease.
(3) It shall be unlawful for any person to knowingly, recklessly or negligently receive or keep or have in his keeping or possession any domestic animal imported, brought into or transported within this Commonwealth in violation of any of the provisions of this chapter or to allow any such domestic animal to come into contact with any other domestic animal.
(c) Authority to remove or slaughter.--Whenever any domestic animal is imported into this Commonwealth or transported within this Commonwealth in violation of this chapter, the department shall have authority to cause such domestic animal to be removed from this Commonwealth or the domestic animal removed directly to slaughter or destroyed without indemnity.
§ 3.101. Interstate health certificate required.
(a) An approved interstate health certificate is required for equidae imported into this Commonwealth. The certificate shall be issued within 30 days of date of arrival in the Commonwealth. The certificate shall specify the results of tests conducted, along with the date of administration of the tests and the product used for vaccines administered.
(b) A copy of the certificate shall be forwarded to the Department immediately upon approval by the chief animal official of the state of origin.
3.102. Dangerous transmissible disease.
Equine infectious anemia, commonly known as "swamp fever," and caused by a virus which is infectious in nature, is hereby considered by the Department to be a dangerous transmissible disease.
3.103. Agar gel immunodiffusion blood test.
(a) Equidae imported into this Commonwealth for other than immediate slaughter shall be negative to an official agar gel immunodiffusion blood test (commonly called The Coggins Test), conducted by a Federally approved laboratory within 12 months prior to date of entry. A copy of the official test shall accompany the animal to its final destination.
(b) Foals under 6 months of age, accompanied by dam with negative agar gel immunodiffusion test, do not require a negative test.
3.104. Import for slaughtering purposes.
Equidae imported for slaughter shall be consigned to a horse slaughter establishment or to an animal market. They shall be accompanied by either a waybill or an owner or shipper statement listing the number, description and destination of each animal.
3.105. Equidae imported from quarantined areas; permit required.
A permit issued by the Department is required before importing equidae from a state or area wherein a state or Federal quarantine is invoked to prevent the spread of a contagious or infectious disease of equidae. Requirements for interstate health certificates in s 3.3 (relating to requirements for importation).
3.211. Diseased equidae; permit required.
An equidae showing clinical or laboratory evidence of a disease declared dangerous and transmissible by the Department may not be moved except when accompanied by a permit issued by the Department or USDA-APHIS.
§ 3.215. Fairs, shows and sales.
(a) Commonwealth equidae moving intrastate to Commonwealth fairs, shows and sales are subject to the health requirements of the individual fair, show or sale.
(b) Equidae which are consigned to Commonwealth fairs, shows or sales will not be approved to move in interstate traffic until the requirements of the state of destination have been met.
3.221. Equine infectious anemia.
(a) Test requirements. A test for equine infectious anemia is not required for intrastate movement of equidae unless required by individual race tracks, fairs, shows or sales.
(b) Official test. The official test for equine infectious anemia recognized by the Commonwealth is the agar gel immunodiffusion blood test (Coggins Test) conducted by a laboratory approved by USDA-APHIS or the Department, on blood samples collected by an accredited veterinarian. Only Antigen licensed by the USDA-APHIS shall be used for the Coggins test.
(c) Report of test results. Tests for equine infectious anemia shall be reported to the Department. Tests conducted in an approved laboratory within this Commonwealth shall be reported on official forms furnished for this purpose. Approved laboratories outside this Commonwealth conducting tests for Commonwealth owners shall report results promptly to the Department.
(d) Report of disease. A person having knowledge of the existence of equine infectious anemia or knowledge of an animal afflicted thereby anywhere within this Commonwealth shall immediately send a report of the infections to the Department, giving the name and address of the owner or person in charge of the animal and the place where the animal is kept.
(e) Identification of reactors. Equidae which disclose a positive reaction to the Coggins test shall be identified to a representative of the Department. A positive animal 8 months of age or younger shall be quarantined and retested after 9 months of age, and, if positive at that time, shall be classified as a reactor. Equidae 9 months of age or older tested positive shall be considered reactors.
(f) Reactors retested by Department: branding. An equidae reported as a reactor will be identified and retested by the Department. The Department will identify the tested animal by the use of mane/tail and other identifying marks or tags that are in evidence at the time of the test. If the result of the retest by the Department is positive, the Department will identify the positive retested animal with a brand marked "23A" signifying the animal as a reactor. It is unlawful to remove, deface, alter or otherwise change the tag or brand.
(g) Clinical evidence-epidemiological investigation. Should the reactor equidae show clinical evidence of equine infectious anemia or if an epidemiological investigation so indicates, equidae on the premises where the clinical reactor is found shall be quarantined and movement allowed only after a negative test of the remainder of the animals on the premises at the time the positive animal is disclosed. A cost of $3 per animal tested will be charged for cost of test--all tests conducted at the Summerdale laboratory. Samples shall be submitted by an accredited veterinarian, who shall be responsible for the $3 fee.
(h) Quarantine. An equidae infected with equine infectious anemia shall be quarantined on its home farm, or other premises approved by the Department, for the remainder of the horse's life. The Department may authorize the movement of an infected animal to approved facilities for research or for slaughter. The infected animal shall be segregated from all others in approved isolation facilities, or, at the discretion of the owner, destroyed without indemnity. Isolated quarantine facilities and animals located therein shall be treated with an approved pesticide as directed by the Department.
(i) Movement into quarantine facilities. Equidae shall be moved into quarantined isolation facilities with a special permit under conditions approved by the Department. The animals assume the same status as animals under quarantine.
(j) Movement from quarantine facilities. Foals born in quarantined facilities and found negative prior to reaching 9 months of age may be removed to a new noninfected premises. The foals shall be retested not less than 30 days following removal from the original infected premises or quarantine facility. Other equidae not infected which are located on premises where infected animals are properly quarantined in isolation are not considered to be under quarantine and may be moved from the premises intrastate.
183.125. Return of eligibility certificates --E.I.A..
If an eligibility or validation certificate has been issued and it is determined thereafter that the horse for which the certificate has been issued has equine infectious anemia or is a carrier thereof, the certificate must be returned immediately by the holder to the United States Trotting Association and the horse must vacate the premises as required under the provisions of s 183.37 of this title (relating to requirements for admission of horses to Pennsylvania Pari-Mutuel Racing Association plants).
183.152. Blood sample required where horse is claimed.
(a) If claimant indicates on the claiming form that he desires a blood sample, a licensed veterinarian shall take immediately after the race in the paddock, a blood sample identified as being from the claimed horse. The sample shall be forwarded within 24 hours to a laboratory approved by the Commission to be tested for Equine Infectious Anemia (Coggins Test).
(b) Pending the receipt of a negative test for Equine Infectious Anemia, the monies paid for the claimed horse shall be held by the association. In the event of a positive test for Equine Infectious Anemia, the ownership of the claimed horse shall revert to the owner from whom the horse was claimed and the claiming monies shall be returned to the person or persons who claimed the horse.
(c) The cost of the test is to be borne by the claimant if test is negative. The owner
of the horse that was claimed shall pay for test if test is found positive. Final vesting
of title to claimed horse shall not be made pending receipt of the results of the test for
Amended in 1996.
Reviewed by AAHS in October 2001.
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