Proposed Text
CHAPTER 206
REGULATION FOR SCRAPIE ERADICATION
Pursuant to the authority in Sections 3.1-724, 3.1-726 and 3.1-730, of the Code of Virginia (1950), as amended, the Board of Agriculture and Consumer Services hereby adopts the Regulation for Scrapie Eradication.
2VAC5-206-10. Definitions.
"Accredited veterinarian" means a veterinarian approved by the United States Department of Agriculture in accordance with 9 CFR 160.1 (2002).
"Animal" means any sheep or goat.
"Breeding [ sheep and goats goat ]"
means any sexually intact [ sheep or ] goat
[ of any age ] that is not moving directly to slaughter
[ , ] or through slaughter channels to slaughter.
"Consistent state" means a state listed in 9 CFR 79.1 that the USDA Administrator has determined in compliance with 9 CFR 79.6.
[ "Diagnosis" means a result of an
official test indicating a positive result for scrapie. ]
[ "Exposed animal" means (1) any animal that has been in the same flock at the same time as a scrapie-positive female animal, excluding limited contacts; or (2) any animal born in a flock after a scrapie-positive animal was born into that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan; or (3) any animal that was commingled with a scrapie-positive female animal during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, or that was commingled with any other scrapie-positive female animal for 24 hours or more, including during activities such as shows and sales or while in marketing channels; or (4) any animal in a noncompliant flock. ]
"Exposed flock" means any flock in which a
scrapie-positive [ or suspect ] animal was born
or lambed [ , or any flock into which a scrapie positive or
scrapie suspect animal has been introduced ]. [ Any
flock that currently contains a female high-risk, exposed, or suspect animal,
or that once contained a female high-risk, exposed, or suspect animal that
lambed in the flock and from which tissues were not submitted for official testing
and found negative. A flock that has completed a post-exposure management and
monitoring plan following the exposure will no longer be an exposed flock. ]
"Flock [ or herd ] "
means all animals [ , sheep, goats, or commingled sheep and goats, ]
maintained on a single premises and all animals under common ownership or
supervision on two or more premises with animal interchange between the
premises. Changes in ownership of part or all of the flock do not change the
identity of the flock or the regulatory requirements applicable to the flock.
[ "Flock of origin" means the flock in which an animal most recently resided in which it was either born, gave birth, or was used for breeding purposes. The determination of an animal's flock of origin may be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records. For all male animals it is the flock of birth. ]
"Flock plan" means a written flock-management
agreement signed by (i) the owner of a flock, (ii) the accredited veterinarian
(if one is employed by the owner), (iii) an APHIS representative, [ and
or ] (iv) the State Veterinarian, in which each participant
agrees to undertake actions specified in the flock plan to control the spread
of scrapie from, and eradicate scrapie in, an infected flock or source flock or
to reduce the risk of the occurrence of scrapie in a flock that contains a
high-risk or an exposed animal. As part of a flock plan, the flock owner must
provide the facilities and personnel needed to carry out the requirements of
the flock plan. [ The flock plan must include the requirements in 9
CFR 54.8. ]
[ "High-risk animal" means a sexually intact animal, excluding male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test, that has not been redesignated as part of a USDA-approved pilot project that is:
1. The progeny of a scrapie-positive dam;
2. Born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the progeny of the scrapie-positive dam are from separate contemporary lambing groups;
3. Born in the same flock during the same lambing season that a scrapie-positive animal was born, or during any subsequent lambing season, if born before that flock completes the requirements of a flock plan; or
4. An exposed female sheep that has not tested QR, HR, or RR at codon 171 using an official genotype test. ]
"Infected flock" means any flock in which a state or APHIS representative has determined that a scrapie-positive female animal has resided unless an epidemiologic investigation conducted by a State or APHIS representative shows that the animal did not lamb or abort in the flock. [ A flock will no longer be considered an infected flock after it has completed the requirements of a flock plan. ]
"Low-risk commercial goat" means a low-risk goat from
a [ herd flock ] in which animals are
moved to slaughter only directly or through slaughter channels or any animal
raised only for meat or fiber production and not registered with a sheep or
goat registry or used for exhibition.
"Low-risk goat" means a goat that is not a
scrapie-positive, suspect, high-risk, or exposed animal; that has not been
commingled with sheep; and that is from a state in which (i) scrapie has not
been identified in a goat during the previous 10 years; (ii) scrapie has been
identified in a goat during the previous 10 years, but the scrapie-positive
goat was not born in the state, resided in the state for less than 72 months,
and did not kid while in the state; or (iii) scrapie has been identified in a
goat during the previous 10 years and the scrapie-positive goat was commingled
with sheep but records allowed a complete epidemiologic investigation to be
completed and all resulting infected, source, and exposed goat [ herds
flocks ] had completed flock plans and were in compliance with
post-exposure monitoring and management plans.
"Noncompliant flock" means (i) any source or infected flock whose owner declines to enter into a flock plan or postexposure management and monitoring plan (PEMMP) agreement within 60 days of being so designated or whose owner is not in compliance with either agreement; (ii) any exposed flock whose owner fails to make animals available for testing within 60 days of notification or as mutually agreed, or whose owner fails to submit required postmortem samples as directed in the PEMMP; (iii) any flock whose owner has misrepresented, or who employs a person who has misrepresented, the scrapie status of an animal or any other information on a certificate, permit, owner statement, or other official document within the last five years; or (iv) any flock whose owner or manager has moved, or who employs a person who has moved, an animal in violation of 9 CFR Part 79 within the last five years, as determined by the State Veterinarian [ or APHIS ].
"Official USDA identification" means
identification approved by the USDA/APHIS/VS for [ the
identification of animals, which is so designed as to prevent alteration. This
may include tattoo and electronic identification use in the scrapie
eradication program ].
"Postexposure management and monitoring plan (PEMMP)" means a written agreement signed by the owner of a flock, any accredited veterinarian employed by the owner, and a state or APHIS representative in which each participant agrees to undertake actions specified in the agreement to reduce the risk of the occurrence of scrapie and to monitor for the occurrence of scrapie in the flock for at least five years after the last high-risk or scrapie-positive animal is removed from the flock or after the last exposure of the flock to a scrapie-positive animal unless the monitoring time is otherwise specified by a state or APHIS representative. As part of a postexposure management and monitoring plan, the flock owner must provide the facilities and personnel needed to carry out the required elements listed in the plan. [ This plan must include the requirements in 9 CFR 54.8. ]
[ "Premises Identification Number" (PIN) means a unique number used on official eartags and tattoos to identify the premises of origin of an animal and that is recorded in the Scrapie National Generic Database. The first two digits are the Postal Service abbreviation for states followed by an alphanumeric number that does not include I, O, or Q, or is the national premises identification number or other PIN approved by the State Veterinarian and USDA/APHIS/VS. ]
"Scrapie" means a nonfebrile, transmissible, insidious, degenerative disease that affects the central nervous system, and is a transmissible spongiform encephalopathy (TSE) found in sheep and goats.
"Scrapie Flock Certification Program" means a [voluntary] program, sponsored by the USDA/APHIS/VS, to reduce scrapie occurrence and spread; identify flocks which have been free of evidence of scrapie over a specified time period; and contribute to the eventual eradication of scrapie.
"Scrapie-positive" means an animal that has
[tested positive for scrapie been diagnosed] by
USDA-accepted testing methods by the National Veterinary Services [Laboratory
Laboratories], or another laboratory designated by the State
Veterinarian, to have the disease scrapie.
"Source flock" means a flock in which a
State or APHIS representative has determined that at least one animal was born
that [tested positive for was diagnosed as] scrapie [positive]
at an age of 72 months or less or in which a scrapie-positive animal has
resided throughout its life.
"State Veterinarian" means the Virginia State Veterinarian or his representative employed by the Virginia Department of Agriculture and Consumer Services.
["Suspect Animal" means an animal designated suspect that is: 1) a sheep or goat that exhibits any of the following clinical signs of scrapie and has been determined to be suspicious for scrapie by an accredited veterinarian or a State or APHIS representative; weight loss despite retention of appetite; behavioral abnormalities: pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny-hop movement of rear legs, or swaying of back end; increased sensitivity to noise and sudden movement; tremor; star-gazing; head pressing; recumbency, or other signs of neurological disease; or chronic wasting; 2) a sheep or goat that has tested positive for scrapie or for the protease-resistant protein associated with scrapie on an unofficial test or a screening test; or 3) a sheep or goat whose official scrapie test yielded inconclusive or suggestive results (i.e., the NVSL report reads inconclusive or suggestive rather than not detected).]
"USDA and USDA/APHIS/VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.
Statutory Authority
§ of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
2VAC5-206-20 Identification of sheep and goats in commerce.
[ Each animal is required to be officially
identified as to its flock of origin and for any animal born after January 1,
2002, to its flock of birth if not the same as its flock of origin Any
sheep or goat born after January 1, 2002 shall be identified to the premises of
birth, if not the same as the premises of origin ] , prior to
change of ownership or exhibition.
No person shall apply an official USDA tag or premises identification number or brand or official registry tattoo to an animal that did not originate on the premises to which the number has been officially assigned. No person may remove or tamper with any means of identification required to be on sheep or goats.
Any sheep or goat that is bartered, leased, traded, loaned,
sold, exhibited, or otherwise moved from one management to another shall be
deemed to have undergone a change of ownership for the purpose of this
regulation. The buyer, seller, and any dealer or market operator shall
keep a record of all changes of ownership for a minimum of five years.
Any sheep or goat that loses its identification, that was applied at its flock [ /herd ]
of origin for exhibition or change of ownership, shall be identified
by the person in control or possession of the animal prior to its commingling
with any other animals [ ; and if the flock of origin
cannot be determined all possible flocks/herds of origin shall be listed on the
record. ] The buyer, seller, and any dealer
or market operator shall be equally responsible for maintaining the required
record which shall be made available on request by [ the
State Veterinarian or his designee. representatives of the Virginia
Department of Agriculture and Consumer Services. ]
Any out-of-state sheep or goats that are offered for sale in an approved Virginia livestock market that have not previously been identified must be (1) identified with an official USDA tag on arrival and prior to commingling with any other sheep or goats with all information recorded as required for change of ownership or meet the importation requirements; or (2) returned to the state of origin.
Animals required to be officially identified include:
1. All [ sexually intact
breeding sheep. sheep and goats that are not in slaughter channels
except low risk commercial goats. ]
2. All sexually intact animals for exhibition. [ This
includes (a) sexually intact registered goats and goats used primarily for milk
production, (b) goats that are being moved from one location to another even if
there is no change of ownership, and (c) goats that are being sold for breeding
or exhibition. It also includes sexually intact goats that have resided on the
same premises as sheep and goats that have been exposed to animals that are
affected with scrapie. ]
3. All sheep over 18 months of age, [ including wethers, and those in slaughter channels unless moving as a group described below. ]
4. All exposed and high-risk animals including all low-risk exposed animals, genetically susceptible exposed animals, genetically less susceptible exposed animals, and genetically resistant exposed sheep.
5. All suspect and test-positive animals.
6. Animals from noncompliant flocks.
[ 7. Breeding goats, except low-risk commercial goats.
8. All scrapie positive, suspect, high-risk, or animals of any age and of any sexually intact exposed animal of more than 1 year of age or, any sexually intact exposed animal of less than 1 year of age upon change of ownership (except for exposed animals moving in slaughter channels at less than 1 year of age). ]
Animals not required to be [ officially individually
] identified include:
1. Slaughter sheep (sheep in slaughter channels) under 18 months (Note: If a sexually intact sheep is sold at an unrestricted sale (any sale that is not a slaughter or feeding for slaughter sale), it must be identified.).
2. Slaughter goats (goats in slaughter channels).
3. Low-risk commercial goats.
4. Castrated goats that [ are have ]
not [ been suspect, high risk, ]
exposed to scrapie, [ or test positive. ]
[ 5. Animals shipped directly to an approved slaughter facility if the animals were kept as a group on the same premises on which they were born or used for breeding purposes and were not commingled with animals from another premises at any time, including throughout the feeding, marketing, and slaughter process. The shipment must be accompanied by an owner statement that includes the owner's name, signature, address, and phone number, date the animals left the flock of origin, the premises identification number assigned to the premises, the number of animals, the premises portion of the premises identification if premises identification is used, and a statement that the animals were either born or were used for breeding purposes on the premises to which the premises identification is assigned.
6. Wethers for exhibition and wethers under 18 months of age.
7. Animals moved for grazing or similar management reasons whenever the animals are moved from a premises owned or leased by the owner of the animals to another premise owned or leased by the owner of the animals. ]
Registered [ sheep and ] goats
[ identified with owners that have ]
official tattoos [ registered with USDA in the Scrapie
National Genetic Data Base ] and carry the registration
papers [ in the name of the current owner ] with
them to a registered [ sheep or ] goat sale
[ or exhibition or that transfer the registration by private
treaty ] would not be required to apply tags for exhibition or sale
[ of at ] a registered [ animal
goat sale. The purchaser at such sale must carry the registration papers
and a completed application for registration in the name of the new owner when
leaving the sale. Alternatively, legible official tattoo numbers assigned to
the flock in the National Scrapie Database may be used in conjunction with an
individual number unique within the flock. ]
Any goat or sheep undergoing a change of ownership (including exhibition and/or importation into the state) not having an official identification shall be quarantined until the requirements of this regulation are met.
In order to simplify identification requirements, livestock markets or sale/show managers may require that all animals be identified with official USDA tags.
Statutory Authority
§§3.1-724, 3.1-726 and 3.1-730 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
2VAC5-206-30. Importation of sheep and goats into Virginia.
No sheep or goat may be imported into Virginia that does
not originate from a consistent state, unless originating from a [ flock
enrolled in the ] complete monitored [ or
export monitored category of scrapie flock or enrolled in ] the
USDA Scrapie Flock Certification Program (SFCP). All sheep or goats imported
into the state of Virginia must be identified [ by official
USDA tag, legible official registry tattoo if accompanied by a registration
certificate, or other approved device that contains a premises identification
issued by the state of origin in combination with a unique animal number. ]
No sheep or goat that is infected with scrapie, [ is
showing clinical signs of scrapie, or that is a high risk animal, and no
offspring of sheep or goat infected with scrapie, ] may
be moved into Virginia. [ except by permit when authorized
by the State Veterinarian for destruction, research or in the case of high risk
animals immediate slaughter. ]
Except as stated below, all sheep and goats imported into Virginia must be accompanied by a Certificate of Veterinary Inspection (CVI).
No CVI is required for animals going directly to slaughter [ or to a terminal (feedlot). ]
Animals entering Virginia from a state contiguous with Virginia without change in ownership or management and as a part of normal operating procedures may do so without a CVI.
The CVI for all sheep or goats imported into Virginia shall contain [ Official USDA Identification ] numbers
for each animal. [ Acceptable identification includes
official USDA ear tags that include the premises identification and a unique
animal identification number, legible official goat registration tattoo if
accompanied by a registration certificate or any form of identification
approved by APHIS for use in the scrapie eradication program. Electronic
identification may also be used. ]
Statutory Authority
§§3.1-724, 3.1-726 and 3.1-730 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
[ 2VAC5-206-40. Exhibition of sheep and goats.
Sheep and goats entering Virginia for exhibition shall
meet all requirements for entry into Virginia. No sheep or goat may
be imported into Virginia that does not originate from a consistent state, unless
enrolled in the USDA Scrapie Flock Certification Program (SFCP). All
sheep or goats imported into the state of Virginia must be officially
identified except for those exempted in this regulation. No test positive, high
risk, suspect, or exposed animal or any offspring of such an animal may be
moved into Virginia. ]
Statutory Authority
§§3.1-724, 3.1-726 and 3.1-730 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
2VAC5-206-50. Scrapie management.
All known cases of scrapie and any sheep or goat known to originate from a scrapie infected [ or source ] flock or to have had contact with scrapie infected animals, [ unless determined not to be a high-risk animal and released for movement by the state of origin, ] or any sheep or goat showing clinical signs of scrapie not known to be caused by some other disease or injury shall be isolated from all other non-affected animals and reported [ by an accredited veterinarian ] to the State Veterinarian within twenty-four hours of the isolation.
Upon notification of known cases of scrapie and all
suspected cases of scrapie, [ or that a flock received a high-risk
animal, was the flock of birth of a positive animal, or was the flock in which
a scrapie positive female animal resided, ] the flock [ /herd ]
shall be quarantined, investigated, all animals in the flock [ /herd ]
individually identified, and a risk analysis conducted. A diagnostic
plan shall be developed and reviewed by the State Veterinarian utilizing
approved live diagnostic tests and submission of appropriate samples to an
approved laboratory for scrapie testing upon the death or destruction of any
animals in a flock [ /herd ] quarantined for
scrapie. All flocks [ /herds ] shall
remain under quarantine until a determination of the status of the flock
[ /herd ] is made. [ Animals that are
not needed for testing to determine the status of the flock and that are not
high-risk, suspect, or positive animals may be released based on a risk
assessment or as provided in a flock plan. ] All flocks [ /herds ]
under quarantine shall be examined at least yearly, or more frequently as
determined by the State Veterinarian, and an inventory of all animals in the
flock [ /herd ] recorded with all deaths,
sales to slaughter [ as allowed by the State Veterinarian ]
, and destruction accounted for. Upon confirmation of the existence of
scrapie in a flock [ /herd ] , a thorough
epidemiological report of all source flocks [ and herds ]
and contacts with other animals shall be documented and a risk analysis
conducted. Subsequently, [ flocks that are identified all
as ] source [ or as infected ] flocks
[ or herds ] and all flocks that received high-risk
animals [ contacts of all confirmed or high risk scrapie
flock/herd ] shall be quarantined, investigated, all animals
in flock [ /herd ] individually identified, [ and
a risk analysis conducted.and testing conducted if needed to
determine the status of the flock. Trace information for scrapie positive and
high-risk animals to flocks outside Virginia will be reported to the affected
state as well as APHIS. ]
[ Test positive or suspect animals Scrapie-positive
or animals suspected of having scrapie ] shall be moved only
with the approval of the State Veterinarian, for transportation to a USDA
approved research facility or for the purpose of destruction.
All known scrapie-infected and source flocks [ /herds
and high-risk animals ] shall be quarantined with movements
of animals only (1) to slaughter, (2) to feedlots under permit and quarantine
for later movement to slaughter, (3) for destruction, or (4) to a USDA approved
research facility. Animals destroyed as a result of this section will be
disposed of in a manner approved by the State Veterinarian.
Infected and source flocks may be released from
quarantine after completion of a USDA flock [ /herd ]
plan or in an USDA approved pilot project flock [ /herd ]
plan that includes the owners agreement to comply with a 5 year post
exposure monitoring and management plan. The State Veterinarian may
release any suspected case of scrapie from quarantine when other causes of the
symptoms are confirmed and scrapie has not been diagnosed.
Any flock [ /herd ] under
quarantine that has not had a [test positive]confirmation
[ of for ] scrapie diagnosis within five
years that has followed the [ USDA approved ] flock
[ /herd ] plan shall be released from
quarantine. The State Veterinarian may release any flock [ /herd ]
from quarantine based on epidemiological or diagnostic factors.
Statutory Authority
§§3.1-724, 3.1-726 and 3.1-730 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.