[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27930-27937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13499]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 51, 56, 71, 75, 76, 78, 80, and 85
[Docket No. 96-041-2]
Interstate Movement of Livestock; Approved Livestock Facilities,
Hog Cholera Provisions, and Livestock Identification
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations regarding the interstate
movement of livestock by combining the provisions for the approval of
livestock markets for cattle and bison, horses, and swine into a single
section. These changes are the result of a comprehensive review of the
Animal and Plant Health Inspection Service's regulations, programs, and
policies regarding livestock markets and stockyards. We are also
removing the regulations that restrict the movement of swine and swine
products from areas quarantined for hog cholera and that provide for
the payment of compensation to the owners of swine destroyed because of
hog cholera. We are removing the hog cholera regulations because the
United States has been free of hog cholera since 1978 and import
requirements have proven adequate to prevent the reintroduction of the
disease into this country. These actions will eliminate unnecessary or
duplicative regulations and remove the implication that hog cholera has
not yet been eradicated in the United States.
EFFECTIVE DATE: June 23, 1997.
FOR FURTHER INFORMATION CONTACT: Dr. James P. Davis, Senior Staff
Veterinarian, Surveillance and Animal Identification Team, National
Animal Health Programs, VS, APHIS, 4700 River Road Unit 36, Riverdale,
MD 20737-1231, (301) 734-5970; or E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The regulations in subchapters B and C of chapter I, title 9, of
the Code of Federal Regulations contain provisions designed to prevent
the dissemination of animal diseases in the United States and
facilitate their control and eradication. Subchapter B, ``Cooperative
Control and Eradication of Livestock or Poultry Diseases,'' comprises 9
CFR parts 49 through 56; subchapter C, ``Interstate Transportation of
Animals (Including Poultry) and Animal Products,'' is made up of 9 CFR
parts 70 through 89.
In a proposed rule published in the Federal Register on October 31,
1996 (61 FR 56155-56165, Docket No. 96-041-1), we proposed to amend the
regulations regarding the interstate movement of livestock by combining
the provisions for the approval of livestock markets for cattle and
bison, horses, and swine into a single section. In that same document,
we also proposed to remove the regulations that restrict the movement
of swine and swine products from areas quarantined for hog cholera and
that provide for the payment of compensation to the owners of swine
destroyed because of hog cholera.
We solicited comments concerning the proposed rule for 60 days
ending December 30, 1996. We received five comments by that date. The
comments we received were from a private veterinarian, three State
animal health officials, and a livestock industry association. Two
commenters generally supported the proposed rule but expressed
reservations or offered suggestions on particular points. The remaining
three commenters were opposed to specific aspects of the proposed rule
and spoke only to those issues. The comments are discussed in detail
below by subject.
Definitions
One commenter asked why sheep were not included in the proposed
definition of livestock in Sec. 71.1. When we prepared the proposed
definition of livestock, our focus was on the term as it applied to the
proposed new combined livestock facility agreement. Because that
agreement contains no sheep-related provisions, we did not feel it was
necessary to include sheep in the definition of livestock. However, the
regulations in part 71 do refer numerous times to diseases of
``livestock or poultry'' or the interstate movement of ``livestock or
poultry;'' in that context, it appears clear that sheep should be
included in the definition of livestock. We have, therefore, added
sheep to the definition of livestock in this final rule.
One commenter suggested that we add a definition for cull sows and
boars to Sec. 71.1 to differentiate such swine from breeder swine,
feeder swine, and slaughter swine. The commenter stated that cull sows
and boars, even though they are most often purchased for further
feeding, would fall under the definition of breeder swine because they
are sexually intact, and thus would be subject to more restrictions
than other swine intended for further feeding, i.e. those covered under
the definition of feeder swine. Breeder swine and feeder swine are
subject to the same restrictions under the regulations in part 71 as
amended by this document, so sexually intact cull sows and boars will
not be subject to more restrictions than feeder swine as the commenter
had anticipated. Because sexually intact cull sows and boars meet the
definition of breeder swine--i.e., sexually intact swine over 6 months
of age--and will not be handled in a manner different from breeder
swine under the regulations, it is not necessary to define cull sows
and boars apart from breeder swine.
[[Page 27931]]
Presence of Veterinarians at Livestock Facilities
Two commenters were opposed to the provision of paragraph (1) of
the livestock facility agreement in Sec. 71.20(a) that would allow
States, with the concurrence of the Animal and Plant Health Inspection
Service (APHIS), to determine how frequently State representatives,
APHIS representatives, or accredited veterinarians should be present at
individual stockyards and livestock facilities. Both commenters
believed that the regulations should continue to require that a State
or APHIS representative or accredited veterinarian be present on all
sale days. One commenter pointed out that most States require a
certificate of veterinary inspection for livestock, even for steers and
spayed heifers, but that some States allow animals to be moved to
livestock markets without a certificate because of the APHIS
requirement for a veterinarian to be present at those facilities. That
same commenter went on to remark that, in light of the increasing world
trade in animals, it would not be prudent to reduce the opportunity for
veterinary inspection. The second commenter offered a similar
observation, stating that the United States has successfully eradicated
or controlled many diseases due in large part to the presence of
qualified veterinarians at its livestock markets.
On the same subject, a third commenter stated that it was unclear
as to whether a veterinarian would have to be present at a livestock
facility when animals were received from another State. As an example,
the commenter stated that test-eligible cattle could arrive at an
approved livestock facility from a brucellosis Class Free State without
a health certificate. In such a case, the commenter asked, would an
accredited veterinarian or APHIS or State representative have to be
present to receive the animals, or would the approved livestock
facility's employees be authorized to check for health certificates?
Closely related to those concerns about the presence of
veterinarians at livestock facilities were the concerns of three
commenters who opposed the proposed provision of paragraph (7) of the
livestock facility agreement in Sec. 71.20(a) that would prohibit the
sale of any livestock that show signs of being infected with any
infectious, contagious, or communicable disease without the
authorization of an APHIS representative, State representative, or
accredited veterinarian. One of those commenters pointed out that
animals could be moving through an approved facility on a sale day when
there is no APHIS, State, or accredited veterinarian on the premises--
which is a possibility under paragraph (1) of the livestock facility
agreement--then a determination as to the health status of those
animals would be the responsibility of the facility's employees, i.e.,
lay people without the training or scientific background to make such a
determination. Another commenter stated that 25 States currently have
laws that either exempt or restrict implied warranties in livestock
sales transactions. According to the commenter, most of those State
laws are conditioned upon compliance with, or showing a reasonable
effort to comply with, Federal and State animal health laws. Without a
veterinarian present at the facility, the commenter argued, this
proposed provision would set an unreasonably high standard and thus
adversely affect the protection afforded to livestock facilities by
those State laws.
After reviewing and considering the comments discussed in the
preceding paragraphs, we believe that the commenters have raised
several valid points regarding the disease control and surveillance,
regulatory, and liability ramifications of our proposal to require the
presence of an APHIS veterinarian, State veterinarian, or accredited
veterinarian at approved livestock facilities only on specified sale
days. Therefore, based on those comments, we have changed paragraphs
(1) and (2) of the livestock facility agreement in Sec. 71.20(a) in
this final rule to retain the requirement that an APHIS veterinarian,
State veterinarian, or accredited veterinarian be present on all sale
days.
Combined Livestock Facility Agreement
One commenter opposed the proposal to combine the livestock
facility agreements for cattle and bison, swine, and horses into a
single agreement in Sec. 71.20 on the grounds that some facility
operators may be unwilling or unqualified to operate a facility for all
three classes of livestock. It was not our intention to require all
approved livestock facilities to accept all three classes of livestock.
In the ``Background'' section of the proposed rule, we stated ``When
completing the agreement, the operator of the livestock facility would
indicate which animals and classes of animals the facility would accept
by initialing the appropriate paragraphs of the agreement.'' In
Sec. 71.20(a), under the heading ``Standards for Handling Different
Classes of Livestock'' following paragraph (13), the agreement itself
states ``By his or her initials, the operator of the facility shall
signify the class or classes of livestock that the facility will
handle.'' Thus, we do not believe that the livestock facility
agreement, as presented in the proposed rule and in this final rule,
would require any livestock facility operators to accept all classes of
livestock. Therefore, we have made no changes in this final rule based
on that comment.
Release of Swine
Paragraph (15)(v) of the livestock facility agreement in
Sec. 71.20(a) states that ``no release shall be issued for the removal
of feeder swine or breeder swine from the livestock facility until the
swine are officially identified in accordance with applicable Federal
or State regulations and have been inspected by an APHIS
representative, State representative, or accredited veterinarian, and
certified in accordance with applicable Federal or State regulations.''
One commenter stated that the paragraph's requirement for all feeder
swine and breeder swine to be inspected by an APHIS representative,
State representative, or accredited veterinarian prior to release is
overly restrictive, especially in States that are classified as
brucellosis free and in the latter stages of pseudorabies eradication.
It appears that the inspection-before-release provision of
paragraph (15)(v) in the livestock facility agreement in Sec. 71.20(a)
was inadvertently carried over from the hog cholera regulations in part
76, which are being removed by this final rule. That provision, as
noted by the commenter, is inconsistent with the brucellosis
regulations in part 78 and the pseudorabies regulations in part 85.
Therefore, because paragraph (15)(i) of the agreement already states
that swine must be received, handled, and released by the facility only
in accordance with 9 CFR parts 71, 78, and 85, and because paragraph
(8) of the agreement requires all livestock to be officially identified
as required by those regulations, we have removed paragraph
Sec. 71.20(a)(15)(v) in this final rule. Paragraph (15)(vi) has been
redesignated as paragraph (15)(v). We have also removed the reference
to official identification in that paragraph because, as noted
previously, that requirement is already set forth in paragraph (8) of
the agreement.
Rules of Practice
One commenter was concerned by the language of proposed
Sec. 71.20(b)(1) and (b)(2) regarding rules of practice for hearings
that may be held to resolve any conflict of material fact concerning a
denial or withdrawal of approval for a livestock facility. As presented
in the proposed rule, the regulations state that
[[Page 27932]]
rules of practice for such hearings will be adopted by the
Administrator of APHIS. The commenter believed that by allowing the
rules of practice to be adopted on a case-by-case basis, this provision
``flies in the face of consistency and fairness.'' The commenter
suggested that APHIS should either abide by established U.S. Department
of Agriculture rules of procedure or adopt and publish a standard set
of rules of practice for use in withdrawal hearing cases.
Uniform rules of practice such as those sought by the commenter are
used for a formal Administrative Procedures Act (APA) hearing before an
administrative law judge. The hearings provided for by this final rule
are non-APA proceedings that would be held before a hearing officer,
not an administrative law judge, so those uniform rules of practice are
not applicable. The due process rights of a person whose livestock
facility approval has been denied or withdrawn are met in this rule by
its notice and opportunity for that person to be heard before a
qualified hearing officer. Therefore, we have made no changes in this
rule based on that comment.
Identification of Livestock
One commenter supported the use of premises identification numbers,
but questioned why APHIS did not provide for the use of premises
identification numbers for animals other than swine. That commenter
also stated that it may be necessary to establish minimal standards for
assigning premises identification numbers to provide for uniformity
within and between States, especially if APHIS allows for their use to
identify animals other than swine. The definition of premises
identification number does not include or exclude any specific animals
but, as the commenter noted, the proposed rule did explicitly provide
for their use for swine identification only. We believe, however, that
the commenter is correct in suggesting that premises identification
numbers could be used to identify animals other than swine. Therefore,
to provide for the use of premises identification numbers to identify
cattle, which is the only other class of livestock that currently
requires such identification under the livestock regulations, this
final rule amends the definition of official eartag in Sec. 71.1 and
Sec. 78.1 to provide for the use of a premises identification number on
an official eartag. With regard to the commenter's concerns regarding
the need for minimal standards for the issuance of premises
identification numbers, we believe that the definition of premises
identification number, as proposed, provides a sufficient degree of
guidance for the issuance of numbers. That definition provides that
unique numbers that begin with the State's two-letter postal
abbreviation will be assigned by the State animal health official to
epidemiologically distinct livestock production units. It appears that
any further guidance would have to be administrative in nature, and we
do not believe that it is necessary to dictate how individual State
animal health officials should, for example, distribute numbers or keep
records.
Also with regard to premises identification numbers, one commenter
questioned the need for a space between the State's two-letter postal
abbreviation and premises' assigned number, noting that other official
alpha-numeric systems do not require a space. We acknowledge that a
space is not necessary in a premises identification number. We have,
therefore, amended the definition of premises identification number in
this final rule to remove the requirement for a space between the
State's two-letter postal abbreviation and the premises' assigned
number.
One commenter asked that we consider amending Sec. 71.19 to remove
all references to identifying swine moved in ``interstate commerce''
and replace them with references to swine ``moved interstate.'' Because
our proposed changes to Sec. 71.19 dealt only with means of swine
identification--i.e. tattoos and eartags--and not with determining
which swine must be identified, that comment is outside the scope of
this rulemaking. Any changes to the regulations based on that comment
would have to be part of a future rulemaking.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule with the changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This rule amends the regulations regarding the interstate movement
of livestock by combining the provisions for the approval of livestock
markets for cattle and bison, horses, and swine into a single section
and by removing the regulations that restrict the movement of swine and
swine products from areas quarantined for hog cholera and that provide
for the payment of compensation to the owners of swine destroyed
because of hog cholera. The changes to the livestock market approval
provisions were recommended following a review of APHIS' regulations,
programs, and policies regarding livestock markets and stockyards; the
hog cholera regulations will be removed because the United States has
been free of hog cholera since 1978 and import requirements have proven
adequate to prevent the reintroduction of the disease into this
country. These actions will eliminate unnecessary or duplicative
regulations and remove the implication that hog cholera has not yet
been eradicated in the United States.
We estimate that combining livestock market approval provisions for
horses, swine, cattle, and bison into a single section and, thus,
reducing the livestock market agreement to one form will reduce the
number of approvals from 4,800 to fewer than 1,800 because each
livestock facility and stockyard will need only one approval. Many
livestock facilities and stockyards now have three approvals. APHIS
does not charge a user fee for inspections or approvals, so livestock
facilities will not experience a reduction in costs. However, this rule
change will reduce the amount of paperwork associated with livestock
facility approvals.
The removal of the hog cholera regulations in 9 CFR parts 56 and 76
will not have any economic impact on livestock markets or stockyards or
any other entity. Hog cholera has been eradicated in the United States
since 1978 and there are no enforcement measures currently in place.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings
[[Page 27933]]
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects
9 CFR Part 51
Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and
recordkeeping requirements.
9 CFR Part 71
Animal diseases, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements, Transportation.
9 CFR Part 75
Animal diseases, Horses, Quarantine, Reporting and recordkeeping
requirements, Transportation.
9 CFR Part 76
Animal diseases, Hogs, Quarantine, Reporting and recordkeeping
requirements, Transportation.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
9 Part CFR 80
Animal diseases, Livestock, Transportation.
9 CFR Part 85
Animal diseases, Livestock, Quarantine, Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending chapter I, title 9, of the Code of
Federal Regulations as follows:
PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS
1. The authority citation for part 51 is revised to read as
follows:
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 51.1 [Amended]
2. In Sec. 51.1, the definition of Specifically approved stockyard
is amended by removing the reference ``Sec. 78.44'' and adding the
reference ``Sec. 71.20'' in its place.
PART 56--[RESERVED]
3. Part 56 is removed and reserved.
PART 71--GENERAL PROVISIONS
4. The authority citation for part 71 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
5. Section 71.1 is amended as follows:
a. By removing the definitions of accredited herd, APHIS inspector,
designated dipping station, recognized slaughtering center, and
stockers and feeders.
b. By adding, in alphabetical order, definitions of APHIS
representative, approved livestock facility, breeder swine, feeder
swine, horses, livestock, premises identification number, and slaughter
swine to read as set forth below.
c. In the definition of livestock market, by removing the word
``swine'' and adding the word ``livestock'' in its place.
d. By revising the definition of official eartag to read as set
forth below.
Sec. 71.1 Definitions.
* * * * *
APHIS representative. An individual employed by APHIS who is
authorized to perform the function involved.
Approved livestock facility. A stockyard, livestock market, buying
station, concentration point, or any other premises under State or
Federal veterinary supervision where livestock are assembled and that
has been approved under Sec. 71.20.
* * * * *
Breeder swine. Sexually intact swine over 6 months of age.
* * * * *
Feeder swine. Swine under 6 months of age that are not slaughter
swine.
* * * * *
Horses. Horses, asses, mules, ponies, and zebras.
* * * * *
Livestock. Horses, cattle, bison, sheep, and swine.
* * * * *
Official eartag. An identification eartag approved by APHIS as
being tamper-resistant and as conforming to the alpha-numeric National
Uniform Eartagging System, which provides unique identification for
each animal, or as bearing a valid premises identification number.
* * * * *
Premises identification number. A unique number assigned by the
State animal health official to a livestock production unit that is, in
the judgment of the State animal health official or area veterinarian
in charge, epidemiolog-ically distinct from other livestock production
units. A premises identification number shall consist of the State's
two-letter postal abbreviation followed by the premises' assigned
number. A premises identification number may be used in conjunction
with a producer's own livestock production numbering system to provide
a unique identification number for an animal.
* * * * *
Slaughter swine. Swine being sold or moved for slaughter purposes
only.
* * * * *
Sec. 71.3 [Amended]
6. Section 71.3 is amended as follows:
a. In paragraph (a), the words ``hog cholera,'' are removed and the
word ``pseudorabies,'' is added in their place.
b. In paragraph (b), the words ``hog cholera,'' are added
immediately after the words ``African swine fever,''.
c. In paragraph (c)(2), the reference ``Sec. 77.8'' is removed and
the reference ``Sec. 77.5'' is added in its place.
d. In paragraph (d), introductory text, in the second proviso, the
word ``inspector'' is removed and the word ``representative'' is added
in its place.
e. In paragraph (d)(5), first sentence, the word ``inspector'' is
removed and the word ``representative'' is added in its place.
Sec. 71.4 [Amended]
7. Section 71.4 is amended as follows:
a. In paragraph (a), at the end of the first sentence, the word
``inspector'' is removed and the word ``representative'' is added in
its place; at the beginning of the second sentence, the words ``such
inspector'' are removed and the words ``an APHIS or State
representative'' are added in their place; and near the end of the
second sentence, the words ``such an inspector'' are removed and the
words ``an APHIS or State representative'' are added in their place.
b. In paragraph (b), the word ``inspector'' is removed and the word
``representative'' is added in its place.
Sec. 71.5 [Amended]
8. In Sec. 71.5, the undesignated regulatory text are amended by
removing the word ``inspector'' both
[[Page 27934]]
times it appears and by adding the word ``representative'' in its
place.
Sec. 71.6 [Amended]
9. In Sec. 71.6, paragraphs (a) and (b) are amended by removing the
word ``inspector'' both times it appears and by adding the word
``representative'' in its place.
Sec. 71.13 [Amended]
10. In Sec. 71.13, the section heading and the undesignated
regulatory text are amended by removing the word ``inspector'' each
time it appears and adding the word ``representative'' in its place.
Sec. 71.16 [Amended]
11. In Sec. 71.16, paragraph (a) is amended by removing the word
``inspector'' both times it appears and by adding the word
``representative'' in its place.
Sec. 71.18 [Amended]
12. Section 71.18 is amended as follows:
a. In the introductory text of paragraph (a), in the first
sentence, the words ``Secs. 78.9(a)(3)(iv), 78.9(b)(3)(iv),
78.9(c)(3)(iv), and 78.9(d)(3)(vii)'' are removed and the words
``Secs. 78.9(a)(3)(ii), 78.9(b)(3)(iv), and 78.9(c)(3)(iv)'' are added
in their place.
b. In paragraph (a)(1)(i), footnote 1, the words ``Veterinary
Services'' are removed both times they appear and the word ``APHIS'' is
added in their place.
c. Paragraphs (a)(1)(i)(a) through (a)(1)(i)(g) are redesignated as
paragraphs (a)(1)(i)(A) through (a)(1)(i)(G).
d. Paragraphs (a)(1)(ii)(a) through (a)(1)(ii)(f) are redesignated
as paragraphs (a)(1)(ii)(A) through (a)(1)(ii)(F).
e. Paragraphs (a)(1)(iii)(a) through (a)(1)(iii)(g) are
redesignated as paragraphs (a)(1)(iii) (A) through (a)(1)(iii)(G).
f. In paragraph (a)(2), in the second sentence, the word
``inspector'' is removed and the word ``representative'' is added in
its place.
g. In paragraph (a)(5), the words ``Sec. 78.44 of this chapter''
are removed and the reference ``Sec. 71.20'' is added in its place.
13. Section 71.19 is amended as follows:
a. In the introductory text of paragraph (a)(1), the words ``they
are individually'' are removed and the words ``each swine is'' are
added in their place.
b. In paragraph (b)(5), the word ``and'' at the end of the
paragraph is removed. c. Paragraph (b)(6) is revised and a new
paragraph (b)(7) is added to read as follows:
Sec. 71.19 Identification of swine in interstate commerce.
* * * * *
(b) * * *
(6) Tattoos on the ear or inner flank of any swine, if the tattoos
have been recorded in the book of record of a swine registry
association; and
(7) An eartag or tattoo bearing the premises identification number
assigned by the State animal health official to the premises on which
the swine originated.
* * * * *
14. A new Sec. 71.20 is added to read as follows:
Sec. 71.20 Approval of livestock facilities.
(a) To qualify for approval by the Administrator as an approved
livestock facility 6 and to retain such designation, the
individual legally responsible for the day-to-day operations of the
livestock facility shall execute the following agreement:
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\6\ A list of approved livestock facilities may be obtained by
writing to National Animal Health Programs, VS, APHIS, 4700 River
Road Unit 36, Riverdale, MD 20737-1231.
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AGREEMENT--APPROVED LIVESTOCK FACILITY FOR HANDLING LIVESTOCK PURSUANT
TO TITLE 9 OF THE CODE OF FEDERAL REGULATIONS
[Name of facility]
[Address and telephone number of facility]
I, [name of the individual legally responsible for the day-to-
day operations of the livestock facility], operator of [name of
facility], hereby agree to maintain and operate the livestock
facility located at [address of premises] in accordance with the
applicable provisions of this agreement and Chapter I, Title 9, of
the Code of Federal Regulations (9 CFR).
Cooperation
(1) The State animal health official and the area veterinarian
in charge shall be provided with a schedule of the facility's sale
days, which shall indicate the types of animals that will be handled
at the facility on each sale day, and shall be apprised of any
changes to that schedule prior to the implementation of the changes.
(2) An accredited veterinarian, State representative, or APHIS
representative shall be on the facility premises on all sale days to
perform duties in accordance with State and Federal regulations.
(3) State representatives and APHIS representatives shall be
granted access to the facility during normal business hours to
evaluate whether the facility and its operations are in compliance
with the applicable provisions of this agreement and 9 CFR parts 71,
75, 78, and 85.
(4) An APHIS representative, State representative, or accredited
veterinarian shall be immediately notified of the presence at the
facility of any livestock that are known to be infected, exposed, or
suspect, or that show signs of possibly being infected, with any
infectious, contagious, or communicable disease.
(5) Any reactor, suspect, or exposed livestock shall be held in
quarantined pens apart from all other livestock at the facility.
(6) No reactor, suspect, or exposed livestock, nor any livestock
that show signs of being infected with any infectious, contagious,
or communicable disease, may be sold at the facility, except as
authorized by an APHIS representative, State representative, or
accredited veterinarian.
Records
(7) Documents such as weight tickets, sales slips, and records
of origin, identification, and destination that relate to livestock
that are in, or that have been in, the facility shall be maintained
by the facility for a period of 2 years. APHIS representatives and
State representatives shall be permitted to review and copy those
documents during normal business hours.
Identification
(8) All livestock must be officially identified in accordance
with the applicable regulations in 9 CFR parts 71, 75, 78, and 85 at
the time of, or prior to, entry into the facility.
Cleaning and Disinfection
(9) The facility, including all yards, docks, pens, alleys, sale
rings, chutes, scales, means of conveyance, and their associated
equipment, shall be maintained in a clean and sanitary condition.
The operator of the facility shall be responsible for the cleaning
and disinfection of the facility in accordance with 9 CFR part 71
and for maintaining an adequate supply of disinfectant and
serviceable equipment for cleaning and disinfection.
General Facilities and Equipment Standards
(10) All facilities and equipment shall be maintained in a state
of good repair. The facility shall contain well-constructed and
well-lighted livestock handling chutes, pens, alleys, and sales
rings for the inspection, identification, vaccination, testing, and
branding of livestock.
(11) Quarantined pens shall be clearly labeled with paint or
placarded with the word ``Quarantined'' or the name of the disease
of concern, and shall be cleaned and disinfected in accordance with
9 CFR part 71 before being used to pen livestock that are not
reactor, suspect, or exposed animals.
(12) Quarantined pens shall have adequate drainage, and the
floors and those parts of the walls of the quarantined pens with
which reactor, or suspect, or exposed livestock, their excrement, or
discharges may have contact shall be constructed of materials that
are substantially impervious to moisture and able to withstand
continued cleaning and disinfection.
(13) Electrical outlets shall be provided at the chute area for
branding purposes.
[[Page 27935]]
Standards for Handling Different Classes of Livestock
(By his or her initials, the operator of the facility shall signify
the class or classes of livestock that the facility will handle.)
(14) Cattle and bison:
--This facility will handle cattle and bison: [Initials of operator,
date]
--This facility will handle cattle and bison known to be brucellosis
reactors, suspects, or exposed: [Initials of operator, date]
--This facility will not handle cattle and bison known to be
brucellosis reactors, suspects, or exposed and such cattle and bison
will not be permitted to enter the facility: [Initials of operator,
date]
(i) Cattle and bison shall be received, handled, and released by
the facility only in accordance with 9 CFR parts 71 and 78.
(ii) All brucellosis reactor, brucellosis suspect, and
brucellosis exposed cattle or bison arriving at the facility shall
be placed in quarantined pens and consigned from the facility only
in accordance with 9 CFR part 78.
(iii) Any cattle or bison classified as brucellosis reactors at
the facility shall be identified in accordance with 9 CFR part 78,
placed in quarantined pens, and consigned from the facility only to
a recognized slaughtering establishment or an approved intermediate
handling facility in accordance with 9 CFR part 78.
(iv) Any cattle or bison classified as brucellosis exposed at
the facility shall be identified in accordance with 9 CFR part 78,
placed in quarantined pens, and consigned from the facility only to
a recognized slaughtering establishment, approved intermediate
handling facility, quarantined feedlot, or farm of origin in
accordance with 9 CFR part 78.
(v) The identity of cattle from Class Free States or areas and
Class A States or areas shall be maintained.
(vi) The identity of cattle from Class B States or areas shall
be maintained, and test-eligible cattle from Class B States or areas
shall not be placed in pens with cattle from any other area until
they have fulfilled the requirements of 9 CFR part 78 for release
from the facility.
(vii) The identity of cattle from Class C States or areas shall
be maintained, and test-eligible cattle from Class C States or areas
shall not be placed in pens with cattle from any other area until
they have fulfilled the requirements of 9 CFR part 78 for release
from the facility.
(viii) The identity of cattle from quarantined areas shall be
maintained, and test-eligible cattle from quarantined areas shall
not be placed in pens with cattle from any other area until they
have fulfilled the requirements of 9 CFR part 78 for release from
the facility.
(ix) Test-eligible cattle that are penned with test-eligible
cattle from a lower class State or area, in violation of this
agreement, shall have the status of the State or area of lower class
for any subsequent movement.
(x) Laboratory space shall be furnished and maintained for
conducting diagnostic tests. All test reagents, testing equipment,
and documents relating to the State-Federal cooperative eradication
programs on the facility's premises shall be secured to prevent
misuse and theft. Adequate heat, cooling, electricity, water piped
to a properly drained sink, and sanitation shall be provided for
properly conducting diagnostic tests.
(15) Swine:
--This facility will handle breeding swine: [Initials of operator,
date]
--This facility will handle slaughter swine: [Initials of operator,
date]
--This facility will handle feeder swine: [Initials of operator,
date]
--This facility will handle pseudorabies reactor, suspect, or
exposed swine: [Initials of operator, date].
--This facility will not handle swine known to be pseudorabies
reactor, suspect, or exposed swine and such swine will not be
permitted to enter the facility: [Initials of operator, date].
(i) Swine shall be received, handled, and released by the
livestock facility only in accordance with 9 CFR parts 71, 78, and
85.
(ii) Slaughter swine may be handled only on days when no feeder
swine or breeder swine are present at the facility, unless the
facility has provisions to keep slaughter swine physically separated
from feeder swine and breeder swine or unless those areas of the
facility used by slaughter swine have been cleaned and disinfected
before being used by feeder swine or breeder swine.
(iii) No feeder swine or breeder swine may remain in the
livestock facility for more than 72 hours, and no slaughter swine
may remain in the livestock market for more than 120 hours.
(iv) Feeder swine shall be kept separate and apart from other
swine while in the livestock facility.
(v) No release shall be issued for the removal of slaughter
swine from the livestock facility unless the slaughter swine are
consigned for immediate slaughter or to another slaughter market and
the consignee is identified on the release document.
(16) Horses:
--This facility will handle horses: [Initials of operator, date]
--This facility will handle equine infectious anemia (EIA) reactors:
[Initials of operator, date]
--This facility will not handle horses known to be EIA reactors and
will not permit EIA reactors to enter the facility: [Initials of
operator, date]
(i) Horses shall be received, handled, and released by the
livestock facility only in accordance with 9 CFR parts 71 and 75.
(ii) Any horses classified as EIA reactors and accepted by the
facility for sale shall be placed in quarantined pens at least 200
yards from all non-EIA-reactor horses or other animals, unless
moving out of the facility within 24 hours of arrival.
(iii) Any horses classified as EIA reactors and accepted by the
facility for sale shall be consigned from the facility only to a
slaughtering establishment or to the home farm of the reactor in
accordance with 9 CFR part 75.
(iv) Fly Control Program: The livestock facility shall have in
effect a fly control program utilizing at least one of the
following: Baits, fly strips, electric bug killers (``Fly Zappers,''
``Fly Snappers,'' or similar equipment), or the application of a
pesticide effective against flies, applied according to the schedule
and dosage recommended by the manufacturer for fly control.
Approvals
(17) Request for approval:
I hereby request approval for this facility to operate as an
approved livestock facility for the classes of livestock indicated
in paragraphs (14) through (16) of this agreement. I acknowledge
that I have received a copy of 9 CFR parts 71, 75, 78 and 85, and
acknowledge that I have been informed and understand that failure to
abide by the provisions of this agreement and the applicable
provisions of 9 CFR parts 71, 75, 78, and 85 constitutes a basis for
the withdrawal of this approval. [Printed name and signature of
operator, date of signature]
(18) Pre-approval inspection of livestock facility conducted by
[printed name and title of APHIS representative] on [date of
inspection].
(19) Recommend approval:
[Printed name and signature of State animal health official,
date of signature]
[Printed name and signature of area veterinarian in charge, date
of signature]
(20) Approval granted:
[Printed name and signature of the Administrator, Animal and
Plant Health Inspection Service, date of signature]
(b) Denial and withdrawal of approval. The Administrator may deny
or withdraw the approval of a livestock facility to receive livestock
moved interstate under this subchapter upon a determination that the
livestock facility is not or has not been maintained and operated in
accordance with the agreement set forth in paragraph (a) of this
section.
(1) In the case of a denial, the operator of the facility will be
informed of the reasons for the 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 livestock
facility was wrongfully denied approval to receive livestock moved
interstate under this subchapter. 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 facility will be informed of the reasons for the
proposed withdrawal. The operator of the facility may appeal the
proposed withdrawal in writing to the Administrator within 10 days
after
[[Page 27936]]
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 livestock facility
to receive livestock moved interstate under this subchapter. 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, 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 facility. In the event of oral notification, written
confirmation shall be given as promptly as circumstances allow. This
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 livestock facility to handle livestock under
this subchapter will be automatically withdrawn by the Administrator
when:
(i) The operator of the facility notifies the Administrator, in
writing, that the facility no longer handles livestock moved interstate
under this subchapter; or
(ii) The person who signed the agreement executed in accordance
with paragraph (a) of this section is no longer responsible for the
day-to-day operations of the facility.
PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND
ZEBRAS
15. The authority citation for part 75 continues to read as
follows:
Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, and
134-134h; 7 CFR 2.22, 2.80, and 371.2(d).
16. Section 75.4 is amended as follows:
a. The section heading is revised to read as set forth below.
b. In paragraph (a), the definition of Approved stockyard is
amended by removing the words ``this part'' and by adding the words
``Sec. 71.20 of this chapter'' in their place.
c. In paragraph (c), the paragraph heading is amended by removing
the words ``, Diagnostic or Research Facilities, and Stockyards'' and
by adding the words ``and Diagnostic or Research Facilities'' in their
place, and paragraph (c)(3) and the agreement following it are removed.
d. In paragraph (d), the introductory text of the paragraph,
including the paragraph heading, and paragraphs (d)(1) and (d)(2) are
revised to read as set forth below, and paragraph (d)(5) is removed.
Sec. 75.4 Interstate movement of equine infectious anemia reactors and
approval of laboratories, diagnostic facilities, and research
facilities.
* * * * *
(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.
* * * * *
PART 76--[RESERVED]
17. Part 76 is removed and reserved.
PART 78--BRUCELLOSIS
18. The authority citation for part 78 continues to read as
follows:
Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-
126, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
19. Section 78.1 is amended as follows:
a. In the definition of Approved intermediate handling facility,
the reference ``Sec. 78.44(b)'' is removed and the words ``Sec. 71.20
of this chapter'' are added in its place.
b. By revising the definition of Official eartag to read as set
forth below.
c. In the definition of Originate, paragraph (c), the reference
``Sec. 78.44'' is removed and the words ``Sec. 71.20 of this chapter''
are added in its place.
d. In definition of Specifically approved stockyard, the reference
``Sec. 78.44'' is removed and the words ``Sec. 71.20 of this chapter''
are added in its place.
Sec. 78.1 Definitions.
* * * * *
Official eartag. An identification eartag approved by APHIS as
being tamper-resistant and as conforming to the alpha-numeric National
Uniform Eartagging System, which provides unique identification for
each animal, or as bearing a valid premises identification number.
* * * * *
20. Section 78.33 is revised to read as follows:
Sec. 78.33 Sows and boars.
(a) Sows and boars may be moved in interstate commerce for
slaughter or for
[[Page 27937]]
sale for slaughter if they are identified in accordance with Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 71.19 of this chapter.
Subpart E--[Heading Amended]
21. The heading of subpart E is amended by removing the words ``,
and Specifically Approved Stockyards''.
Sec. 78.44 [Removed]
22. Section 78.44 is removed.
PART 80--PARATUBERCULOSIS IN DOMESTIC ANIMALS
23. The authority citation for part 80 continues to read as
follows:
Authority: 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, and
125; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 80.1 [Amended]
24. In Sec. 80.1, paragraph (j) is amended by removing the
reference ``Sec. 78.44'' and by adding the words ``Sec. 71.20 of this
chapter'' in its place.
PART 85--PSEUDORABIES
25. The authority citation for part 85 continues to read as
follows:
Authority: 21 U.S.C. 111, 112, 113, 115, 117, 120, 121, 123-126,
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 85.1 [Amended]
26. In Sec. 85.1, in the definition of Approved livestock market,
the words ``Sec. 76.18 (9 CFR 76.18)'' are removed and the words
``Sec. 71.20 of this chapter'' are added in their place.
27. In Sec. 85.1, in the definition of Slaughter market, the words
``Sec. 76.18 (9 CFR 76.18)'' are removed and the words ``Sec. 71.20 of
this chapter'' are added in their place.
Sec. 85.12 [Amended]
28. Section 85.12 is amended by removing the reference
``Sec. 76.30'' and by adding the reference ``Sec. 71.7'' in its place.
Sec. 85.13 [Amended]
29. Section 85.13 is amended by removing the reference
``Sec. 76.31'' and by adding the reference ``Sec. 71.7'' in its place.
Done in Washington, DC, this 19th day of May 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-13499 Filed 5-21-97; 8:45 am]
BILLING CODE 3410-34-P