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DEPARTMENT OF AGRICULTURE

Interstate Order of Quarantine; Tuberculosis Testing Requirements for Importation of Cattle, Bison, Goats or Camelids

[49 Pa.B. 709]
[Saturday, February 16, 2019]

Recitals

 A. Tuberculosis, an infectious disease of cattle, bison, sheep, goats, swine, horses, cervidae, camelids and humans caused by Mycobacterium bovis, M. avium or M. tuberculosis.

 B. The Domestic Animal Law (3 Pa.C.S.A. § 2321(38)) designates bovine Tuberculosis a ''dangerous transmissible disease.''

 C. The Department of Agriculture (Department) has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases.

 D. Michigan is the only state currently without ''accredited-free'' status. California earned accredited free status for bovine tuberculosis in August 2017. States that lose this United States Department of Agriculture (USDA) assigned status are subject to more rigorous testing requirements; and the market for Tuberculosis-susceptible animals (and the products of these animals) originating from these states is limited. Since 2016 there have been individual herd cases of M. bovis identified in Indiana, New Mexico, North Dakota, South Dakota and Wisconsin with 10 newly infected herds in 2017. A Texas slaughter plant tuberculosis case resulted in tuberculosis being traced to a group of roping steers in Arizona. Strains of M. bovis found in the Indiana herd were identified to be the same as the steers in Arizona.

 E. Tuberculosis can be transmitted by exposure of infected animals to noninfected animals. The presence of Tuberculosis in wild animals threatens the domestic animal population.

 F. Tuberculosis is of particular concern to this Commonwealth's animal industry, in that its presence would severely limit the market for Tuberculosis-susceptible animals originating from this Commonwealth, and for Pennsylvania-produced meat, milk and milk products. In addition, Tuberculosis has the potential to be transmitted to humans under some circumstances.

 G. There is no economical treatment or vaccine for Tuberculosis. There are live animal tests available for Tuberculosis.

 H. Although the Department has current regulations that impose adequate importation testing and documentation requirements on most Tuberculosis-susceptible species, cattle, bison, camelid and goat species are not addressed (or are not adequately addressed) in these requirements—making it necessary for the Department to establish these importation and documentation requirements by a Quarantine Order.

Order

 The Department of Agriculture enters an Interstate Quarantine Order, incorporating the foregoing recitals. This order is entered under authority of the Domestic Animal Law and establishes the following restrictions and conditions:

1. Applicable definitions:

 ''Rodeo Cattle'' means all cattle previously used for, or currently used for recreational purposes, such as rodeo events, roping events, cattle cutting events, cattle penning events, gymkhanas, and steer wrestling events.

 2. Cattle or bison species imported into this Commonwealth shall meet the following requirements:

 a. Tuberculosis testing requirements for importation, show or exhibition; excluding recreation or rodeo cattle which are required to follow testing requirements of subsection (b):

 i. A test will not be required if the animals originate from and are members of an accredited Tuberculosis-free herd or for animals originating from ''Accredited Free'' states or zones.

 ii. All animals, including animals from an accredited Tuberculosis-free herd, originating from states or zones designated ''Modified Accredited Advanced'' must be test-negative within 60 days prior to entry.

 iii. All animals, including animals from an accredited Tuberculosis-free herd, originating from states or zones designated ''Modified Accredited'' (includes part of Michigan) must:

 A. Originate from herds in which all animals 12 months of age and older have tested negative for Tuberculosis within 12 months prior to entry; and

 B. The animals to be imported have tested negative to Tuberculosis within 60 days prior to entry and at least 60 days after the whole herd test.

 b. Tuberculosis testing requirements for recreation or rodeo cattle and bison—All recreation or rodeo cattle and bison must be negative on an official Tuberculosis test within 60 days prior to entry, unless they originate from and are members of an accredited Tuberculosis-free herd within an ''Accredited Free'' state or zone.

 c. Cattle and Bison for Immediate Slaughter: The following shall apply for cattle and bison entering Pennsylvania and being transported directly to a slaughter establishment:

 i. No Tuberculosis testing is required.

 ii. Those animals imported for slaughter may not be commingled with any animals other than those also destined for immediate slaughter.

 iii. Those animals shall go directly to the slaughter establishment and may not be stopped-over or unloaded at any premises or place or commingled with any other animals in this Commonwealth.

 3. Goat species imported into this Commonwealth shall meet the following requirements:

 a. Tuberculosis testing requirements for importation and exhibition

 i. A test will not be required if the animals originate from ''Accredited Free'' states or zones.

 ii. All animals originating from states or zones designated ''Modified Accredited Advanced'' must be test-negative within 60 days prior to entry.

 iii. All animals originating from states or zones designated ''Modified Accredited'' (includes part of Michigan) must:

 A. Originate from herds in which all animals 12 months of age and older have tested negative for Tuberculosis within 12 months prior to entry; and

 B. The animals to be imported have tested negative to Tuberculosis within 60 days prior to entry and at least 60 days after the whole herd test.

 b. Goats for Immediate Slaughter: The following shall apply to goats entering Pennsylvania and being transported directly to a slaughter establishment

 i. No Tuberculosis testing is required.

 ii. Those animals imported for slaughter may not be commingled with any animals other than those also destined for immediate slaughter.

 iii. Those animals shall go directly to the slaughter establishment and may not be stopped-over or unloaded at any premises or place or commingled with any other animals in this Commonwealth.

 4. Camelid species imported into this Commonwealth shall meet the following requirements:

 a. Tuberculosis testing requirements for importation and exhibition:

 i. A test will not be required if the animals originate from ''Accredited Free'' states or zones.

 ii. All animals originating from states or zones designated ''Modified Accredited Advanced'' must be test-negative within 60 days prior to entry.

 iii. All animals originating from states or zones designated ''Modified Accredited'' (includes part of Michigan) must:

 A. Originate from herds in which all animals 12 months of age and older have tested negative for Tuberculosis within 12 months prior to entry; and

 B. The animals to be imported have tested negative to Tuberculosis within 60 days prior to entry and at least 60 days after the whole herd test.

 b. Camelids for immediate slaughter. The following shall apply to Camelids entering Pennsylvania and being transported directly to a slaughter establishment:

 i. No tuberculosis testing is required.

 ii. Those animals imported for slaughter may not be commingled with any animals other than those also destined for immediate slaughter.

 iii.  Those animals shall go directly to the slaughter establishment and may not be stopped-over or unloaded at any premises or place or commingled with any other animals in this Commonwealth.

 5. No animal of the cattle, bison, goat or camelid species shall be imported into this Commonwealth if it has been exposed to Tuberculosis test-positive animals or animals that have clinical signs consistent with Tuberculosis.

 6. The requirements of paragraphs (2)—(4) shall not apply to cattle, bison, goats or camelids that are being transported through this Commonwealth to a destination outside this Commonwealth, without being exposed to other Tuberculosis-susceptible animals, so long as, those animals are not stopped-over or unloaded at any premises or place or commingled with any other animals in this Commonwealth. Any violation of this provision is a violation of this order and may result in the animals being transported and all other animals exposed or potentially exposed being quarantined and the imposition of penalties as allowed under the Domestic Animal Law.

 7. This Order supplants any inconsistent regulation of the Department on the same subject matter to the extent of the inconsistency.

 8. Any person violating any provision of this Order shall be subject to criminal prosecution or civil penalties of up to $10,000 per violation or both and the animals and all animals exposed or potentially exposed subject to an Order of Quarantine as provided for in the Domestic Animal Law.

 9. This Order shall not be construed as limiting the Department's authority to establish additional quarantine or testing requirements relating to Tuberculosis.

 10. This Order is immediately effective on January 30, 2019, and shall remain in effect unless rescinded or modified by subsequent order.

RUSSELL C. REDDING, 
Secretary

[Pa.B. Doc. No. 19-209. Filed for public inspection February 15, 2019, 9:00 a.m.]



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