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75.4 Interstate movement of equine infectious anemia reactors and approval of
laboratories, diagnostic facilities, and research facilities.
(a) Definitions. For the purpose of this section, the following terms have the
meanings set forth in this paragraph.
Accredited veterinarian. A veterinarian approved by the Administrator in accordance with
the provisions of part 161 of this title to perform functions specified in parts 1, 2, 3,
and 11 of subchapter A, and subchapters B, C and D
of this chapter, and to perform functions required by cooperative State-Federal disease
control and eradication programs.
Administrator. The Administrator, Animal and Plant Health Inspection Service, or any
person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service
of the United States Department of Agriculture (APHIS or Service).
Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs,
and poultry.
APHIS representative. An individual employed by APHIS who is authorized to perform the
functions involved.
Approved stockyard. A stockyard, livestock market, or other premises, under state or
federal veterinary supervision where horses or other equines are assembled for sale
purposes, and which has been approved by the Administrator under § 71.20 of this chapter.
Certificate. An official document issued by a State representative, APHIS representative,
or an accredited veterinarian at the point of origin of the interstate movement on which
are listed: (1) The description, including age, breed, color, sex, and distinctive
markings when present (such as brands, tattoos, scars or blemishes), of each reactor to be
moved; (2) the number of reactors covered by the document; (3) the purpose for which the
reactors are to be moved; (4) the points of origin and destination; (5) consignor; and (6)
the consignee; and which states that each reactor identified on the certificate meets the
requirements of § 75.4(b).
Interstate. From any State into or through any other State.
Official seal. A serially numbered metal or plastic strip, or a serially numbered button,
consisting of a self-locking device on one end and a slot on the other end, which forms a
loop when the ends are engaged and which cannot be reused if opened. It is applied by an
APHIS representative or State representative.
Official test. Any test for the laboratory diagnosis of equine infectious anemia that
utilizes a diagnostic product that is: (1) Produced under license from the Secretary of
Agriculture, and found to be efficacious for that diagnosis, under the Virus-Serum-Toxin
Act of March 4, 1913, and subsequent amendments (21 U.S.C. 151 et seq.); and (2) conducted
in a laboratory approved by the Administrator.
Officially identified. The permanent identification of a reactor using the National
Uniform Tag code number assigned by the United States Department of Agriculture to the
State in which the reactor was tested, followed by the letter "A", [FN1] which
markings shall be permanently applied to the reactor by an APHIS representative, State
representative or accredited veterinarian who shall use for the purpose a hot iron or
chemical brand, freezemarking or a lip tattoo. If hot iron or chemical branding or
freezemarking is used, the markings shall be not less than two inches high and shall be
applied to the left shoulder or left side of the neck of the reactor. If a lip tattoo is
used, each character of the tattoo shall be not less than one inch high and three-fourths
of an inch wide and shall be applied to the inside surface of the upper lip of the
reactor.
[FN1] Information as to the National Uniform Tag code number system can be obtained from
the Animal and Plant Health Inspection Service, Veterinary Services, National Animal
Health Programs, 4700 River Road Unit 43, Riverdale, Maryland 20737-1231.
Operator. The individual responsible for the day-to-day operations of the specifically
approved stockyard.
Permit. An official document (VS Form 1-27 or a State form which contains the same
information, but not a "permit for entry") issued by an APHIS representative,
State representative, or accredited veterinarian which lists the owner's name and address,
points of origin and destination, number of animals covered, purpose of the movement, and
one of the following: The individual animal registered breed association registration
tattoo, individual animal registered breed association registration number, or similar
individual identification, including name, age, sex, breed, color, and markings.
Reactor. Any horse, ass, mule, pony or zebra which is subjected to an official test and
found positive.
State. Any State, the District of Columbia, Puerto Rico, the Virgin Islands of the United
States, Guam, the Northern Mariana Islands, or any other territory or possession of the
United States.
State animal health official. The individual employed by a State who is responsible for
livestock and poultry disease control and eradication programs.
State representative. An individual employed in animal health activities of a State or a
State's political subdivision, who is authorized by that State to perform the function
involved under a cooperative agreement with the United States Department of Agriculture.
Veterinarian in Charge. The veterinary official of APHIS who is assigned by the
Administrator to supervise and perform the animal health activities of APHIS in the State
concerned.
(b) Interstate movement. No reactor may be moved interstate unless the reactor is
officially identified, is accompanied by a certificate, and meets the conditions of either
paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section: Provided, that official
identification is not necessary if the reactor is moved directly to slaughter under a
permit and in a conveyance sealed with an official seal:
(1) The reactor is moved interstate for immediate slaughter, either to a Federally
inspected slaughtering establishment operating under the provisions of the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) or to a State- inspected slaughtering establishment
that has inspection by a State representative at time of slaughter; or
(2) The reactor is moved interstate to a diagnostic or research facility after the
individual issuing the certificate has consulted with the State animal health official in
the State of destination and has determined that the reactor to be moved interstate will
be maintained in isolation sufficient to prevent the transmission of equine infectious
anemia to other horses, asses, ponies, mules, or zebras, and will remain quarantined under
State authority at the diagnostic or research facility until natural death, slaughter, or
until disposed of by euthanasia; or
(3) The reactor is moved interstate to its home farm after the individual issuing the
certificate has consulted with the State animal health official in the State of
destination and has determined that the reactor to be moved interstate will be maintained
in isolation sufficient to prevent the transmission of equine infectious anemia to other
horses, asses, ponies, mules, or zebras, and will remain quarantined under State authority
on the reactor's home farm until natural death, slaughter, or until disposed of by
euthanasia; and
(4) The reactor is moved interstate through no more than one approved stockyard for sale
for immediate slaughter, and is moved within five days of its arrival at the approved
stockyard directly to:
(i) Slaughter at a federally inspected slaughtering establishment operating under the
provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), or,
(ii) Slaughter at a state-inspected slaughtering establishment that has inspection by a
state representative at the time of slaughter, or,
(iii) The home farm of the reactor in accordance with paragraph (b)(3) of this section.
(c) Approval of Laboratories and Diagnostic or Research Facilities.
(1) The Administrator will approve laboratories to conduct the official test only after
consulting with the State animal health official in the State in which the laboratory is
located and after determining that the laboratory: (i) Has technical personnel assigned to
conduct the official test who have received training prescribed by the National Veterinary
Services Laboratories; (ii) uses United States Department of Agriculture licensed antigen;
(iii) follows standard test protocol prescribed by the National Veterinary Services
Laboratories; (iv) meets check test proficiency requirements prescribed by the National
Veterinary Services Laboratories; and (v) reports all official test results to the State
animal health official and the Veterinarian in Charge. [FN2]
[FN2] Training requirements, standard test protocols, and check test proficiency
requirements prescribed by the National Veterinary Services Laboratories, and the names
and addresses of approved laboratories can be obtained from the Animal and Plant Health
Inspection Service, Veterinary Services, National Animal Health Programs, 4700 River Road
Unit 43, Riverdale, Maryland 20737-1231.
(2) The Administrator will approve diagnostic or research facilities to which reactors
may be moved interstate under paragraph (b)(2) of this section, after a determination by
the Administrator that the facility has facilities and employs procedures which are
adequate to prevent the transmission of equine infectious anemia from reactors to other
equine animals. [FN3]
[FN3] Facilities and procedures which are adequate to prevent the transmission of equine
infectious anemia, and the names and addresses of approved diagnostic or research
facilities, can be obtained from the Animal and Plant Health Inspection Service,
Veterinary Services, National Animal Health Programs, 4700 River Road Unit 43, Riverdale,
Maryland 20737-1231.
(d) Denial and withdrawal of approval of laboratories and diagnostic or research
facilities. The Administrator may deny or withdraw approval of any laboratory to conduct
the official test, or of any diagnostic or research facility to receive reactors moved
interstate, upon a determination that the laboratory or diagnostic or research facility
does not meet the criteria for approval under paragraph (c) of this section.
(1) In the case of a denial, the operator of the laboratory or facility will be informed
of the reasons for denial and may appeal the decision in writing to the Administrator
within 10 days after receiving notification of the denial. The appeal must include all of
the facts and reasons upon which the person relies to show that the laboratory or facility
was wrongfully denied approval to conduct the official test or receive reactors moved
interstate. The Administrator will grant or deny the appeal in writing as promptly as
circumstances permit, stating the reason for his or her decision. If there is a conflict
as to any material fact, a hearing will be held to resolve the conflict. Rules of practice
concerning the hearing will be adopted by the Administrator.
(2) In the case of withdrawal, before such action is taken, the operator of the laboratory
or facility will be informed of the reasons for the proposed withdrawal. The operator of
the laboratory or facility may appeal the proposed withdrawal in writing to the
Administrator within 10 days after being informed of the reasons for the proposed
withdrawal. The appeal must include all of the facts and reasons upon which the person
relies to show that the reasons for the proposed withdrawal are incorrect or do not
support the withdrawal of the approval of the laboratory or facility to conduct the
official test or receive reactors moved interstate. The Administrator will grant or deny
the appeal in writing as promptly as circumstances permit, stating the reason for his or
her decision. If there is a conflict as to any material fact, a hearing will be held to
resolve the conflict. Rules of practice concerning the hearing will be adopted by the
Administrator. However, the withdrawal shall become effective pending final determination
in the proceeding when the Administrator determines that such action is necessary to
protect the public health, interest, or safety. Such withdrawal shall be effective upon
oral or written notification, whichever is earlier, to the operator of the laboratory or
facility. In the event of oral notification, written confirmation shall be given as
promptly as circumstances allow. The withdrawal shall continue in effect pending the
completion of the proceeding, and any judicial review thereof, unless otherwise ordered by
the Administrator.
(3) Approval for a laboratory to conduct the official test will be automatically withdrawn
by the Administrator when the operator of the approved laboratory notifies the National
Veterinary Services Laboratories in Ames, Iowa, in writing, that the laboratory no longer
conducts the official test.
(4) Approval for a diagnostic or research facility to receive reactors moved interstate
will be automatically withdrawn by the Administrator when the operator of the approved
diagnostic or research facility notifies the Administrator, in writing, that the
diagnostic or research facility no longer receives reactors moved interstate.
Amended in 2001.
Reviewed by AAHS in October 2001.
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